Download BUL4421 Midterm - Schools of Jurisprudence, Business Ethics, and Legal Procedures and more Quizzes Commercial Law in PDF only on Docsity!
BUL4421 MIDTERM – GENDLER 200
QUESTIONS WITH ACCURATE ANSWERS
GUARANTEED PASS!
"Schools of Jurisprudence - CORRECT ANSWER=> -Natural Law
-Legal Positivism -Historical School -Legal Realism/Relativism -Cost/Benefit Analysis"
"Natural Law - CORRECT ANSWER=> describes certain ethical laws and principles believed to be
morally right and "above" the laws devised by humans"
"Legal Positivism - CORRECT ANSWER=> must abide by duly authorized law, law is distinct from
morality"
"Historical School - CORRECT ANSWER=> Following tradition or custom to shape the law"
"Closely Linked - Stare Decisis - CORRECT ANSWER=> Closely Linked - Historical School"
"Legal Realism/Relativism - CORRECT ANSWER=> judges should consider more than just the law, such
as social and economic conditions"
"Cost/Benefit Analysis - CORRECT ANSWER=> law should yield more benefits than it costs, and if so,
resources saved can be used to obtain more goods and services"
"Business Ethics - CORRECT ANSWER=> the application of ethics to special problems and opportunities
experienced by business people"
"Business Ethics include (but not limited to) - CORRECT ANSWER=> decisions in choosing a method of
production"
"Business Ethics include (but not limited to) - CORRECT ANSWER=> decisions regarding how to
compete with competing firms"
"Business Ethics include (but not limited to) - CORRECT ANSWER=> social responsibilities of the firm"
"WPH framework for business ethics - CORRECT ANSWER=> 1.* Who* the decision impacts
(stakeholders)
- Purpose of the decisions
- How to make the decisions (i.e. guidelines)"
"Stakeholders - CORRECT ANSWER=> groups of people affected by the firm's decisions -
owners/shareholders, employees, customers, management, community where the firm operates, future generations"
"Values - CORRECT ANSWER=> basic unit of business ethics"
"Values - CORRECT ANSWER=> positive notions that capture our sense of what is good or desirable"
"Ethics - CORRECT ANSWER=> We derive our ____ from the interplay of values"
"Values - CORRECT ANSWER=> We derive our ethics from the interplay of ___"
"Values represent - CORRECT ANSWER=> our understanding of the purposes we will fulfill by making
particular decisions"
"Golden Rule (the HOW) - CORRECT ANSWER=> do unto others as you would have them do unto
you"
"Public Disclosure (the HOW) - CORRECT ANSWER=> if the public knew about this decision, how
would you decide?"
"Universalization Test (the HOW) - CORRECT ANSWER=> what would the world be like were our
decision were made by everyone else?"
"Theories of Business Ethics - CORRECT ANSWER=> -Ethical Realism
-Absolutism -Consequentialism -Utilitarianism -Principle of Rights -Virtue Ethics"
"Ethical Realism - CORRECT ANSWER=> denies the existence of objective standards, individuals must
evaluate actions based on what they feel is best for themselves"
"Absolutism - CORRECT ANSWER=> individuals must defer to a set of rules to guide them through the
ethical decision making process"
"Consequentialism - CORRECT ANSWER=> requires inquiry into the consequence of a decision when
addressing ethical dilemmas"
"Quasi in Rem Jurisdiction - CORRECT ANSWER=> attachment jurisdiction over a defendant's property
unrelated to the Plaintiff's claim"
"2 Elements - CORRECT ANSWER=> Diversity Jurisdiction must satisfy ___"
"One Element of Diversity Jurisdiction - CORRECT ANSWER=> Plaintiff or Defendant resides in one
state and Plaintiff or Defendant resides in another state or country"
"One Element of Diversity Jurisdiction - CORRECT ANSWER=> Controversy concerns amount in excess
of $75K"
"Diversity - CORRECT ANSWER=> Court's use party's residence to determine ___"
"Incorporation and/or principal place of business - CORRECT ANSWER=> corporations are residents of
the state of"
"Summons - CORRECT ANSWER=> notifies Defendant of the lawsuit and explains how and when to
respond to the complaint"
"Complaint - CORRECT ANSWER=> specifies factual and legal basis for lawsuit"
"Service of Process - CORRECT ANSWER=> the procedure by which the Complaint and Summons are
served upon the Defendant"
"Default Judgement - CORRECT ANSWER=> a judgement in favor of the Plaintiff"
"Default Judgement - CORRECT ANSWER=> occurs when defendant fails to answer a complaint"
"Default Judgement - CORRECT ANSWER=> occurs when the plaintiff's complaint alleges facts that
would support a judgement"
"Motion for Judgement on the Pleadings - CORRECT ANSWER=> requests court consider all the facts in
the pleadings as true and apply law to those facts"
"Motion for Judgement on the Pleadings - CORRECT ANSWER=> courts grant if it finds that the only
reasonable decision is in favor of the moving party"
"Motion for Summary Judgement - CORRECT ANSWER=> Asserts no factual disputes exist and if law is
applied to undisputed facts the only reasonable decision would be in favor of moving party"
"Motion for Summary Judgement - CORRECT ANSWER=> the moving party may use affidavits, relevant
documents, and deposition transcripts or interrogatories in support of the motion (i.e. extrinsic evidence is considered)"
"Discovery - CORRECT ANSWER=> how the parties gather information"
"Interrogatories - CORRECT ANSWER=> written requests that one party sends to the other party to be
answered under oath"
"Request to Produce Documents - CORRECT ANSWER=> forces the opposing party to turn over certain
information unless privileged"
"Deposition - CORRECT ANSWER=> attorneys examine a witness under oath, and a court reporter
records every word the witness speaks"
"Alternative Dispute Resolution - CORRECT ANSWER=> refers to the resolution of legal disputes
through methods other than litigation"
"less expensive and time consuming - CORRECT ANSWER=> ADR is ___ than litigation"
"ADR includes - CORRECT ANSWER=> -negotiation
-mediation -arbitration -summary jury trials -minitrials -early neutral case evaluations -private trials"
"Arbitration - CORRECT ANSWER=> resolution of dispute by neutral third party outside of judicial
setting"
"Arbitration - CORRECT ANSWER=> voluntary process in that parties typically have a contractual
agreement to resolve dispute"
"Selected and administered - CORRECT ANSWER=> Arbitration agreements may stipulate how
arbitrator/arbitration is ___"
"Arbitration Hearing - CORRECT ANSWER=> - similar to trial
- both parties present their case to a neutral third party
- parties may represent themselves or use legal counsel"
"Arbitrator's Award - CORRECT ANSWER=> decision is called an ___, even if no monetary
compensation is given and provides a decision within 30 days"
"Arbitration Advantages - CORRECT ANSWER=> -parties have more control over the process
-parties can choose expertise in field concerning dispute
"Bill of Rights - CORRECT ANSWER=> -substantially affect government regulation of business
-prohibits federal government from infringing on individual freedoms"
"14th Amendment - CORRECT ANSWER=> extends most of the provisions in the Bill of Rights to the
states"
"14th Amendment - CORRECT ANSWER=> the federal and state governments cannot deprive
individuals of the freedoms protected by the Bill of Rights"
"1st Amendment - CORRECT ANSWER=> Guarantees freedom of speech, including gestures and other
forms of expression, and of the press"
"1st Amendment - CORRECT ANSWER=> Not an absolute right - cannot yell "fire" in a crowded theater,
make false statements of fact that are injurious to another's reputation, or to use obscenity"
"4th Amendment - CORRECT ANSWER=> prohibits government from conducting unreasonable
searches of individuals and seizing their property to use as evidence against them"
"Search Warrant - CORRECT ANSWER=> a court order that authorizes law enforcement agents to
search for or seize items specifically described"
"Probable cause - CORRECT ANSWER=> government officials can obtain search warrants only if ___ is
shown to believe that the search warrant will uncover specific evidence of criminal activity"
"5th Amendment - CORRECT ANSWER=> protects against self incrimination"
"5th Amendment - CORRECT ANSWER=> protects against double jeopardy (government cannot try a
person more than once for the same crime"
"5th Amendment - CORRECT ANSWER=> contains due process clause - government cannot deprive
person of life, liberty, or property without due process of law"
"5th Amendment - Procedural Due Process - CORRECT ANSWER=> -requires government to use fair
procedures -entitles notice of legal action against him/her -entitled opportunity to be heard -entitles impartial tribunal"
"5th Amendment - Substantive Due Process - CORRECT ANSWER=> refers to the basic fairness of laws
that may deprive an individual of life, liberty, or property"
"14th Amendment - Due Process Clause - Strict Scrutiny applies if: - CORRECT ANSWER=> law prevents
individuals from exercising fundamental right"
"14th Amendment - Due Process Clause - Strict Scrutiny applies if: - CORRECT ANSWER=> law's
classification scheme involves suspect classifications based on race, national origin, or citizenship"
"14th Amendment - Equal Protection Clause - Intermediate Scrutiny - CORRECT ANSWER=> if the law's
classification scheme is based on gender or on the legitimacy of children"
"14th Amendment - Equal Protection Clause - Rational Basis - CORRECT ANSWER=> when a
classification scheme involves other matters, courts apply this test"
"2 - CORRECT ANSWER=> governments must demonstrate ___ elements of a crime"
"Actus Reus - guilty act - CORRECT ANSWER=> 1 element of a crime - wrongful behavior"
"Mens Rea - guilty mind - CORRECT ANSWER=> 1 element of a crime - wrongful state of mind"
"Exception to Mens Rea Requirement - CORRECT ANSWER=> Strict Liability Crimes
-applies to actions that, regardless of the care taken, are specifically prohibited -i.e. selling cigarettes or alcohol to a minor"
"Felony - CORRECT ANSWER=> include serious crimes, such as murder, that are punishable by
imprisonment for more than one year or death"
"Misdemeanor - CORRECT ANSWER=> less serious crimes punishable by fines or imprisonment for less
than one year"
"Petty Offenses - CORRECT ANSWER=> minor crimes usually punishable by a jail sentence of less than
six months or a small fine -i.e. a violating building code"
"Robbery - CORRECT ANSWER=> forceful and unlawful taking of personal property"
"Burglary - CORRECT ANSWER=> occurs when someone unlawfully enters a building with the intent to
commit a felony"
"Larceny - CORRECT ANSWER=> the secretive and wrongful taking and carrying away of the personal
property of another with the intent to permanently deprive the rightful owner of its use or possession"
"False Pretenses - CORRECT ANSWER=> the illegal obtaining of property belonging to another through
materially false representations of an existing fact, with knowledge of their falsity and intent to defraud"
"Intentional Tort - CORRECT ANSWER=> intent to harm not needed, merely need intent to engage in a
specific act which ultimately results in an injury, physical or economic, to another"
"Motive - CORRECT ANSWER=> not required to prove liability in an intentional tort case"
"Tort Law - CORRECT ANSWER=> ___ assumes people intent normal consequences of their actions
-against persons -against property -against economic interests"
"Assault - CORRECT ANSWER=> when one person places another in fear or apprehension of an
immediate offensive bodily contact -apprehension must be reasonable -the threat of harm must be immediate"
"Assault - CORRECT ANSWER=> words alone without a sign of action usually insufficient to constitute"
"Battery - CORRECT ANSWER=> intentional, unwanted, offensive bodily contact"
"defenses to battery - CORRECT ANSWER=> -consent
-self defense (of yourself, others or property)"
"Defamation - CORRECT ANSWER=> the intentional publication (or communication to a third party) of
a false statement harmful to someone's reputation"
"defenses to defamation - CORRECT ANSWER=> -truth
-absolute privilege (testifying in court, during a trial, or during congressional debate in House or Senate) -conditional privilege (no liability unless statement made with actual malice, i.e. knowledge of the falsity or reckless disregard for the truth)"
"False Imprisonment - CORRECT ANSWER=> occurs when an individual is confined or restrained
against his or her will for an appreciable period of time"
"Shopkeeper's Privilege - CORRECT ANSWER=> Retailers and security guards may reasonably question
suspected shoplifters and detain them for a reasonable period of time"
"Compensatory Damages - CORRECT ANSWER=> puts plaintiff in positive he or she would have been
tort not occurred -to make plaintiff whole -equivalent to all losses caused by tort, including compensation for pain and suffering, but not attorney's fees"
"Nominal Damages - CORRECT ANSWER=> A minimal amount that signifies defendant's behavior was
wrongful, but caused no harm -to recognize that defendant committed tort against plaintiff -a trivial amount, typically $1-$5"
"Punitive Damages - CORRECT ANSWER=> to punish defendant and deter such conduct in the furure
-based on: severity of the wrongful conduct, wealth of defendant"
"an Element of Negligence - CORRECT ANSWER=> Duty - standard of care reasonable person owes
another"
"an Element of Negligence - CORRECT ANSWER=> Breach of Duty - failure to live up to standard of
care"
"an Element of Negligence - CORRECT ANSWER=> causation - must prove actual cause (cause in fact)
as well as proximate causation"
"an Element of Negligence - CORRECT ANSWER=> damages - a compensable loss suffered by the
plaintiff"
"Unfortunate Accident - CORRECT ANSWER=> an event that cannot be avoided even with reasonable
care -john driving on highway suffers a stroke and crashes into two other vehicles -likely jon not liable for damages unless he had some type of warning the stroke was about to occur"
"Reasonable Person Standard - CORRECT ANSWER=> a measurement of the way members of society
expect an individual to act in a give situation"
"Duty - CORRECT ANSWER=> to determine ___ of cared owed, the judge must determine the degree
of care and skill that a reasonable person would exercise under similar circumstances"
"No Duty to Rescue - CORRECT ANSWER=> tort law does not impose ___ strangers in peril, even if
rescue is easily accomplished"
"Exception to Duty to Rescue - CORRECT ANSWER=> special relationship (i.e. parent/child,
student/teacher, husband/wife)"
"tortfeaser - CORRECT ANSWER=> ___ must rescue person in peril (i.e. ___ hit someone with car - if
stuck in street there is duty to rescue)"
"Actual Cause (Cause in Fact) - CORRECT ANSWER=> to determine that the defendants breach of duty
resulted directly in the plaintiffs injury -"But-for" causation"
"Trademarks - CORRECT ANSWER=> the owner may obtain an injunction prohibiting the infringer from
using"
"Trademarks - CORRECT ANSWER=> once registered, must be renewed between 5th and 6th years"
"Trademark - CORRECT ANSWER=> after first renewal, owner must renew every 10 years
-if initially registered before 1990, renewal necessary only every 20 years"
"Strength of Trademarks - CORRECT ANSWER=> -generic
-descriptive -suggestive -arbitrary or fanciful"
"Trademarks - Generic - CORRECT ANSWER=> refers to type of particular product (i.e. bike being called
bike) -no trademark protection"
"Trademarks - Descriptive - CORRECT ANSWER=> identifies a significant characteristic of the product,
but is not the common name of the product -must obtain a secondary meaning to obtain trademark protection"
"Considerations for Trademark Infringement - CORRECT ANSWER=> -degree of similarity between
marks -evidence of actual confusion -user's good faith -quality of user's product -sophistication of purchasers"
"Copyright - CORRECT ANSWER=> protects fixed forms of expression of original, creative idea"
"Common Defense to Copyright Infringement - CORRECT ANSWER=> fair use doctrine - provides that
portion of copyrighted work may be reproduced for purposes of "criticism, comment, news reporting, teaching, scholarship, and research""
"Patent - CORRECT ANSWER=> protects a product, process, invention, machine, or plant that is
produced by asexual reproduction and that meets the criteria of being novel, useful, and nonobvious"
"Patented - CORRECT ANSWER=> obtaining under the Lanham Act allows the holder to license the use
of his or her ___ idea for royalities"
"Trade Secret - CORRECT ANSWER=> holder can sue one who illegally takes the ___ if the owner can
prove
-it existed -defendant acquired it unlawfully -defendant used without plaintiff's permission"
“Agency Law - CORRECT ANSWER=> Relevant areas of business law applicable to human resource
management involve"
"Contracts - CORRECT ANSWER=> Relevant areas of business law applicable to human resource
management involve"
"Employment and Labor Law - CORRECT ANSWER=> Relevant areas of business law applicable to
human resource management involve"
"Employment Discrimination - CORRECT ANSWER=> Relevant areas of business law applicable to
human resource management involve"
"Private Law - CORRECT ANSWER=> regulates disputes between private individuals or groups"
"Example of Private Law - CORRECT ANSWER=> dispute between landlord & tenant"
"Public Law - CORRECT ANSWER=> regulates disputes between private individuals & government"
"Example of Public Law - CORRECT ANSWER=> dumping in violation of state or federal environmental
laws"
"Civil Law - CORRECT ANSWER=> delineates the rights and responsibilities implied in relationships
between persons and between persons and their government"
"Criminal Law - CORRECT ANSWER=> regulates incidents in which someone commits an act against the
public as a whole"
"Example of Criminal Law - CORRECT ANSWER=> conducting insider trading on the stock exchange"
"Hierarchy of Laws - CORRECT ANSWER=> -U.S. Constitution
-Federal Statutes -State Constitution -State Statutes -Common Law"
"Common Law - CORRECT ANSWER=> collection of legal interpretations made by judges, and are law
unless revoked by new statutory law"
"Precedent - CORRECT ANSWER=> past decisions in similar cases that guide later decisions"
