Reference no: EM13101254

1. Mr. Gregg has made an inflammatory speech denouncing the action of the government in the recent war. The government can restrict his speech through regulation:

A. Under the Fifth Amendment
B. If it is the least intrusive means to promote the government's interests
C. If it is not forcefully furthering government interest
D. If it is a part of the due process of law
2. Commercial speech, such as advertising, enjoys no First Amendment protection.
True
False

3. In the business world, the goal of preventative law is to increase profits by:

A. Imposing higher inheritance and income taxes on wealthy people
B. Reaching business goals through enforceable contracts while avoiding government prohibitions
C. Involving the clients in the business-planning process
D. Creation of unenforceable contracts
4. An answer generally:

A. Admits or denies each allegation of the complaint, paragraph by paragraph
B. States an affirmative defense, if applicable
C. States a counterclaim for damages, if applicable
D. Gives notice to the defendant about a particular suit
5. Profit maximization proponents maintain that:

A. If unethical corporate conduct creates enough public outrage, the law will change to prohibit such conduct
B. The decision maker considers each action separately, assessing its costs and benefits to society
C. Decision makers must sacrifice their own individual interests if doing so gives greater benefit to society
D. Allocational efficiency is society's only and its most important goal
6. Many corporations initiate legislation in order to:

A. Head off the risk of future unpredictable lawsuits
B. Ensure that their competitors are subject to more rigid constraints than is applicable to them
C. Enhance the community in which the company is located
D. Maximize the risk of more costly regulations for competitors
7. The use of lawyers by business managers to help them plan avoidance of business emergencies and to help them comply with the rapidly growing mass of legal rules imposed on business operations by government bodies is called as:

A. Common law
B. Preventive law
C. Criminal law
D. Substantive law

8. Under act utilitarianism:

A. An ethical decision is one that minimizes utility for society as a whole
B. Each person has an equal right to basic rights and liberties
C. The action is viewed as part of a rule or habit
D. The decision maker considers each action separately

9. The phenomenon of "risky shift" means:

A. That a corporation will shift its risk onto its customers
B. The dangerous decision to shift business strategy mid-stream
C. That a group of people who must reach a consensus on an acceptable level of risk often decide on a level of risk higher than the risk they would accept as individuals
D. The tendency for members of a group to internalize the group's values and perceptions and to suppress critical thought
10. A rule of law enabling the defendant to win even if all of plaintiff 's allegations are true is a(n):

A. Counterclaim
B. Affirmative defense
C. Deposition
D. Judgment n.o.v

 

11. Under the Uniform Arbitration Act, a court:

b) Cannot hold that the dispute was not arbitrable under the agreement of the parties
d) Will not review the wisdom or decision of the arbitrator
f) Makes only the arbitration award enforceable
h) Can publish its arbitration awards

12. Modern Rights Theory:

A. Holds that duties are absolute
B. Holds that we should not abide by a rule unless a more important rule conflicts with it
C. Is the dominant analytical framework used by U.S. Courts in interpreting the individual rights under the Constitution
D. Argues for a just distribution of society's resources

13. District courts:

A. Review the legal conclusions reached by lower federal courts
B. Are the intermediate courts of the federal court system
C. Have both fact-finding (by the judge or jury) and law-finding (by the judge) functions
D. Operates under discretionary review

14. All of the following are ways in which corporate behavior limits the power of law except that:

a) Corporations regularly "capture" regulatory agencies
b) Corporations may choose to intentionally violate the law when the penalties for violation are low
c) Sanctions are ineffective if a corporation does not respond to them sensibly
d) Legal action taken after a corporation has engaged in dangerous activity, compensates for many harms that have already occurred

 

15. Which of the following limits the powers of administrative agencies?

A. The various administrative procedures
B. The Due Process Clause of the Seventh Amendment
C. The Equal Protection Clause of the U.S. Constitution
D. The Takings Clause of the Fourth and Fourteenth Amendments
16. Administrative agencies regulate:

a) Availability of transport for industrial workers
b) Wages and hours of work
c) Cost of utilities at the work place
d) Employment benefits

 

17. An employee hired or appointed within an organization to settle disputes is called a(n):

A. Mediator
B. Arbitrator
C. Ombudsperson
D. Private judge

18. Commercial Speech, under the First Amendment, is:

a) Subject to "intermediate scrutiny" that falls somewhere between strict scrutiny and rational basis test
b) Is completely suppressed regardless of it being misleading or truthful
c) Is subject to strict scrutiny just like political speech
d) Is completely unregulated unless it is put in writing

19. Roy officially had a Yahoo email address. He frequently received spam messages which blocked his inbox making it difficult for him to get the genuine mails from his clients. Roy decided to sue spammers under the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM). Is Roy authorized to do so?

A. Yes, under the CAN-SPAM he can sue spammers
B. No, CAN-SPAM permits only internet service providers to sue spammers
C. Yes, both Roy and internet service providers can sue spammers
D. No, spammers cannot be sued as it will violate their First Amendment Rights

20. One distinction between civil law and criminal law is:

a) Civil law can be created only by statute
b) Criminal law is completely procedural
c) Criminal law is concerned with breaches of duty to society at large
d) The U.S. Constitution does not apply to civil lawsuits

21. Under private law:

A. Persons may create legally-binding agreements through their power to contract
B. Persons may enter into contracts, but the contracts will not be upheld in court
C. Persons may create their own rules when there is no prior statute
D. Persons may make their own rules only after studying practice of similar precedents
22. States may regulate incidental, not direct, aspects of interstate commerce if:

a) The state is not furthering a legitimate local interest
b) There is no discrimination against interstate commerce in favor of local commerce
c) There is a federal statute preempting the area
d) There is a tax on goods coming from outside the state

23. Deontological theory focuses on:

A. Actions
B. Consequences
C. Prime movers
D. Just distribution of society's resources

24. If the U.S. Congress enacts a federal statute regulating the sale of automatic weapons and Kentucky passes a state law which conflicts with the federal law, Kentucky's law is said to be:

a) Impliedly preempted
b) Void-for-vagueness
c) Expressly preempted
d) Prevailing

25. A formal written order issued by a body with administrative or judicial jurisdiction designed to reach things belonging to the debtor that are in the hands of third parties, such as wages, bank accounts and accounts receivable is:

A. A writ of quo warranto
B. A writ of garnishment
C. A writ of certiorari
D. A writ of mandamus

26. Corporations sometimes risk breaking the law in all of the following situations except when:

a) The firm regards the law as uncertain
b) Corporate norms regard a measure of illegal behavior as morally acceptable
c) Managers consider the law to be misguided
d) There is a definitive risk involved in obstructing justice

27. A grease payment:

A. Is one that is made by a company towards foreign governmental officials to secure routine governmental action
B. Is one that is made by a company to the government for the purpose of obtaining goods-and-services contracts
C. Is an offer to make a prohibited payment
D. Is any gift of value to government officials for the purpose of obtaining business

28. Local legislation regulating zoning and noise levels are examples of:

a) Ordinances
b) Treaties
c) Administrative rules
d) Administrative decisions

29. _____ protects people from arbitrary government interference.

A. Procedural due process
B. Substantive due process
C. Equal protection clause of the Fifteenth Amendment
D. Due process clause of the Sixth Amendment

30. Which of the following statements is true of the adversary system?

a) The adversary system represents the idea that truth is best discovered through the presentation of competing ideas
b) The judge, in an adversarial system, is actively involved in determining the facts of a case
c) In an adversary system the cases are heard by a panel of three judges
d) The judges have a duty to direct the search for truth rather than expecting it to emerge from the efforts of the lawyers for the parties

31. Some of the problems raised by corporate reward structures include:

A. Focusing on long-term rather than short-term profitability
B. The interests of managers always being aligned with the long-range interests of the company
C. Managers being inclined sometimes to act irresponsibly and/or illegally without an eye to legal trouble that may occur in the future
D. Firms sacrificing the present to the future thereby promoting long-term allocational inefficiency

32. A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

a) Treatise
b) Citation
c) Transcript
d) Brief

33. The work product privilege:

A. Prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice
B. Covers information divulged to an attorney's subordinates (secretaries or paralegals)
C. Considers a lawyer to be an officer of the court who is bound to work for the advancement of justice while faithfully protecting the rightful interests of his clients
D. Is derived from the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak fully and honestly with his attorney

34. A useful tool for understanding and persuading which combines basic analytical thinking with recognition of the special features of the underlying legal system is:

a) b) Sociological jurisprudence
c) d) Legal positivism
e) f) Legal reasoning
g) h) Analytical reasoning

35. The "dormant" commerce clause limits the authority of the states to interfere with the flow of interstate commerce by:

a) Limiting the states from furthering only state interests
b) Limiting a state's ability to tax vendors
c) Prohibiting state legislation that unduly burdens intrastate commerce
d) Prohibiting state laws that openly discriminate against interstate commerce

36. A case is "moot" when:

a. A lawsuit is filed against a nonresident who is not physically present in the territory served by the court
b. A judge seals or in any way restricts the information presented in a case
c. A judge rules certain information beyond the scope of pre-trial discovery
d. Events occurring after the filing of the lawsuit have made a decision beside the point

37. Court decisions which ensure predictability in the law include:

a) Public hearings
b) A prohibition against ex post facto laws
c) Stare decisis
d) Publication of enacted statutes

38. A corporate manager looking for ethical guidance that neither the law nor social norms accounts for, must rely on:

a. A strategy that will maximizes profits
b. His/her individual conscience
c. The advice of other managers
d. His system of delegation to subordinates

39. Generally, the role of appellate courts is to:

a) Review the proceeding in the trial court and correct legal errors made by the trial judge
b) Accept the findings of the trial court with minor changes even if it goes against all the evidence
c) Hear witnesses and establish new facts
d) Reach a decision in settlement of the dispute

40. They believe that decisions are often more attributable to the biases and moods of decision makers than they are to the formal legal rules that are supposed to determine the outcome.

a. Legal realists
b. Legal positivists
c. Legal sociologists
d. Natural law thinkers

41. Federal courts:
Answer
a) Have exclusive jurisdiction over patents, copyrights, bankruptcy and crimes defined by federal statutes
b) Review the proceedings in the trial court and correct legal errors made by the trial judge
c) Is the highest court of the land which has final responsibility for interpretation of the Constitution and federal statutes
d) Give advisory opinions and also make rulings on hypothetical cases

42. A federal question:

a. Is a type of jurisdiction possessed by state trial courts
b. Is the most common form of U.S. Supreme Court jurisdiction
c. Requires that the amount in controversy be at least $10,000
d. Is jurisdiction over questions arising under federal laws, treaties and the U.S. Constitution

43. The problem with the view that a corporation should attempt to act in the best interests of all of its various constituencies is that:

a) This tactic ignores the bottom line
b) Corporate managers often have a better sense of what is right
c) The values of these constituencies may conflict
d) Local communities will not benefit from these values

44. Administrative agencies:

a. Rarely have both the power to issue regulations and the power to investigate when such regulations have been violated
b. May make regulations that are advisory in nature, but cannot make regulations that have the force of law
c. Perform legislative and judicial functions even though they are, at least in theory, part of the executive branch
d. Perform legislative and executive functions even though they are, at least in theory, part of the judicial branch

 

45. If a person carelessly runs a car into yours, the person has committed:

a) Civil tort of negligence
b) Substantive tort of negligence
c) Criminal tort of negligence
d) Procedural tort of negligence

46. Common law arises when:

a. Courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule
b. Constitutional statutes are found to interfere with the freedom of expression
c. Courts decide to create new statutory law
d. The government wishes to encourage certain kinds of investments

47. Which of the following is true of the Takings Clause?

a) It is triggered by the power of eminent domain
b) It requires the government not to pay private property owners any compensation
c) It is triggered by the power of just domain
d) It requires the government to buy private property for private developers

48. In addition to statements made to an attorney, the attorney-client privilege covers:

a. Information divulged to an attorney's subordinates, such as secretaries or paralegals
b. Statements made in the presence of people other than the lawyer
c. Statements made to a law-enforcement officer
d. Information divulged in the presence of people other than the lawyer's subordinates

49. Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that:

a) Its action bears a rational relationship to its desired end
b) It is pursuing a compelling government interest
c) It is pursing a governmental end in the most intrusive manner
d) There is no restriction on commercial speech

50. The power of the states to regulate is:

a. Exclusive in the domain of intrastate commerce
b. Nonexistent over matters that affect interstate commerce
c. Limited only by its own state constitution
d. Exclusive in the domain of interstate commerce

51. Stare decisis:

a) Renders law rigid and unchanging
b) Lends predictability to decisional law by relying on prior decisions
c) Makes the law unadaptable because the rule from a precedent case is applied selectively
d) Creates harsh results by refusing to recognize equitable exceptions

52. Corporate social responsibility argues that ethical guidance for corporate managers may come from all of the following sources except:

a. Values that find wide acceptance
b. Corporate or industry codes of conduct
c. Constituency values
d. Array of conflicting ethical views

53. The development of _____ is, according to some legal scholars, the single most important legal development of the century.
Answer
a) Can-spam act
b) Administrative agencies
c) Federal trade commission
d) Antitrust laws
2 points
54. A feature of decisional law in common law systems which says that, a court, in making a decision, should follow the rulings of prior cases that have similar facts is:

a. Caveat emptor
b. Ex post facto laws
c. Stare decisis
d. Contra proferentem

55. The primary components of the Takings Clause are:

a) A compelling government purpose; conditional compensation
b) A taking; for a public purpose; the private property owner is entitled to just compensation
c) A taking; justified by the supremacy clause; compensation rarely required
d) A taking for eliminating urban blight, with minimal compensation

56. The freedom of speech granted by the U.S. Constitution is an example of:

a. Civil law
b. Substantive law
c. Criminal law
d. Procedural law

 

 

57. The following is true of a criminal trial.

a) The defendant bears the burden of proof
b) The burden of proof is "a preponderance of the evidence"
c) The burden of proof is "beyond a reasonable doubt"
d) The burden of proof for a criminal case is the same as that for a civil case

58. The following is true of pleadings.

a. The first step in starting a lawsuit is the serving of a summons on the defendant
b. The case is set for trial on the court calendar once the pleadings have been commenced
c. The service of summons by mail or by leaving it at the defendant's residence or place of business is never allowed
d. The complaint, answer and reply inform the parties of each other's claims and forms the basis for a trial

 

 

59. When a lawyer agrees to represent a client, the lawyer agrees to:

a) The reality that he will be liable for malpractice if he loses the case
b) Exercise the skill, prudence and diligence expected of lawyers of ordinary skill and competence in the community
c) The probability that a court will likely second-guess the legal strategy he chooses to use in representing his client
d) The reality that the courts are likely to second-guess his professional judgment

60. Under Kant's "categorical imperative":

a. Each person must evaluate the consequences of his/her action by examining the consequences that would follow if everybody acted the same way
b. We should manipulate others for our self interest
c. The teleological ethical theory is dominant
d. The consequences of a decision are focused on when deciding if it is ethical

61. Trial courts differ from inferior courts in that trial courts:

a) Are courts of limited jurisdiction
b) Are limited by the amount of civil damages that can be awarded
c) Are courts of record from which an appeal can be taken
d) Are called municipal courts in urban areas

62. The term "amicus curiae" means:

A. "Friendly cure," or the amicable resolution to a mediated dispute
B. "Friend of the court," or a third party allowed to file briefs
C. "Small courier," or the briefs, originally foot messengers, which are used to communicate between lawyers and the courts
D. "Impartial curate," or the name for the conductor of an arbitration, a position originally filled by the medieval clergy

 

 

 

63. The OECD's Principles of Corporate Governance insists on:

A. Greater immunity power for corporate managers
B. Lesser transparency within corporate structures
C. Greater concealment of corporate governance policies to avoid conflicts of interest
D. Greater protection for whistleblowers

64. Strict scrutiny:

A. Is the analysis employed by the court in a case involving commercial speech
B. Is the analysis employed by the court in deciding an equal protection case involving discrimination on the basis of race
C. Is a test of constitutionality that is satisfied if the challenged government action bore a reasonable relation to a legitimate government purpose
D. Is the analysis employed by the court when suspect classifications are not in question

 

65. In the U.S., the role of judges is:

A. To actively search for truth by questioning witnesses, directing proceedings and requesting certain evidence
B. Unbiased and essentially passive
C. Similar to the role of European judges
D. To direct the search for truth rather than expecting it to emerge from the efforts of the lawyers

66. Under the Equal Protection Clause:

A. The government must treat like cases alike
B. States are prohibited from arbitrarily discriminating against persons
C. States are prohibited from discriminating only on the basis of nationality
D. The government can uphold restrictions on property

67. Advocates for socially-responsible corporations sometimes recommend that corporations can sensitize themselves to outside concerns by restructuring their decision making processes to include:

a) Giving shareholders lesser power
b) Changing the composition of the corporate board
c) Promoting lesser transparency within corporate structures
d) Giving greater immunity to corporates

68. The administrative agencies have the power:

a. a) To make laws
b. b) To make regulations that have the force of law
c. c) To conduct trials involving juries
d. d) To adjudicate disputes involving alleged violations of the commerce clause

69. The U.S. Constitution protects individuals against:

a. All private deprivations of individual liberties
b. State action only
c. All private and government action
d. Private action that does not further a legitimate purpose

70. The Organization for Economic Cooperation and Development (OECD) does all of the following except:

A. Monitor the institutional and policy framework of corporations
B. Is an international organization created to promote harmonized rules among corporations
C. Assert that most company codes tend to speak in positive terms such as a commitment to honesty
D. Assert that most enterprises' codes of conduct expressly publish policies that deal directly with corruption

71. The Sarbanes-Oxley Act:

A. Substantially increases the penalties for corporate wrongdoing
B. Gives corporations greater freedom from government control
C. Adopts the theory of allocational efficiency
D. Motivates executives to inflate reports of corporate profits

 

 

72. The new federal sentencing guidelines implemented as part of Sarbanes-Oxley:

A. Applies both to individual board members and the corporation itself
B. Assigns specific oversight responsibilities to directors
C. Are designed to give management immunity
D. Calls for special committees of the board to be assigned similar functions