ETH321 Week 1 Apply Exercise SCORE 78 PERCENT

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1. Clara is suing David because of a property dispute.      Clara and David are from different states, so it is not readily clear      which state has jurisdiction over this case. Which of the following is      true?

o Jurisdiction   falls in David's state of residence, since he is the one being summoned to   court.

o Jurisdiction   falls in Clara's state of residence, since she is the plaintiff.

o Jurisdiction depends solely on where the property - the   focus of the dispute - is located.

o Jurisdiction   can fall in whichever state has subject matter or personal jurisdiction,   likely depending on which state Clara feels will give her a more favorable   outcome for her case.

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1. Federico is in a financial dispute. He is trying to      collect money for services rendered, but the debtor does not want to pay      the money owed to Federico. Which court that would most likely      address this situation?

o State Small Claims Court

o U.S.   Bankruptcy Court

o U.S. Tax   Court

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1. Dixonville has had fundamentally the same demographics,      economic system, and social structure for decades. In recent years these      factors have begun to shift, causing many to call for new legislation and      legal practices. Shifting the legal structure of Dixonville in order to      account for the changes that are occurring would be in accordance with the      __________ school of jurisprudential thought.

o Legal Realism

o Irrational   Forces

o Natural   Law

o Sociological

o Historical

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1. A law which promotes the opportunity for foreign      workers to obtain employment, housing, and medical care regardless of      their citizenship status would likely fall under which school of      jurisprudential thought?Which school of jurisprudential thought is most      clearly exhibited in this scenario?

o Legal   Realism

o Irrational   Forces

o Natural Law

o Historical

o Sociological

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1. A law was recently passed in the city of Birmingdon      that specifies a long list of restrictions on disposing of different kinds      of waste material. The law is long, meticulous, and complicated, and many      citizens do not understand all the points of the law or the purpose it is      meant to fulfill. Citizens are commonly caught breaking the      ordinance. Which law or principle of law which is most relevant to      this situation?

o Procedural   Due Process

o First   Amendment

o Equal   Protection Laws

o Substantive Due Process

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1. Claudia feels strongly against a law that was recently      passed in her hometown. She proceeds to write letters to the local      newspaper criticizing the effect of the law. She also marches up and down      the sidewalk in front of city hall loudly publicizing her contradictory      point of view. Which law or principle of law which is most relevant      to this situation?

o Substantive   Due Process

o First Amendment

o Procedural   Due Process

o Equal   Protection Laws

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1. After a tragic event in which an armed intruder storms      into a mall and fatally shoots several people, the city of Belmonte      institutes a law that prohibits any form of weapon in public retail      establishments. This reaction would be an example of following which school      of jurisprudential thought?

o Natural   Law

o Irrational Forces

o Sociological

o Historical

o Legal   Realism

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1. Annie is an observer to a legal dispute between two of      the tenants in a building she manages. She has documented information      relevant to the case but prefers not to get involved in the dispute. Which      of the following is true?

o Annie is   required by Good Samaritan laws to put forth any information she has relevant   to the case.

o Annie   cannot provide any information since her position as a manager precludes her   ability to be unbiased.

o Annie   can refuse any attempt to involve her in the dispute between her tenants.

o Annie can be required via subpoena to provide the information   she has.

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1. Which legal school of thought is illustrated in      this dialogue?

DONUT DAY AT THE OFFICE

Part 2 

Bob: Listen, donuts are made to bring joy into our lives and to wake up our glazed faculties. Just let them be distributed according to unchanging moral principles of justice. The donuts will distribute themselves according to natural principles.  We just take what we want and the leftovers will be appreciated by those who enjoy them most. Don't over complicate this. Where's the chocolate milk? 

End Part 2

o Critical   legal studies school of thought.

o Historical   perspective school of thought.

o Natural law school of thought.

o Irrational   forces perspective.

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1. Sally and Kirk are at odds over the details of a      business contract. Neither of them wants to go to court, but they both      refuse to make a compromise on the terms they expect from one another.      Which of the following would most easily force them to a resolution?

o Negotiation

o Legally-binding arbitration

o Non-binding   arbitration

o Legally-binding   mediation

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1. A television producer/director receives the following      script designed to celebrate National Donut Day.  As she reads it, it      brings to her mind some principles of jurisprudence she learned in her      college business law class.  

Help her out: Which legal school of thought is illustrated in this dialogue?

DONUT DAY AT THE OFFICE

Part 1

(The scene is a lunchroom or break room. There are at least three round tables visible and perhaps a vending machine, microwave, or refrigerator in the background. Of the three tables, no one is sitting at the center table as the scene opens.)

Karen: (She walks in carrying two big boxes of donuts and places them on the center table.) Allied Chemical just dropped these off to thank us for our work on the "Expressly Hair" project. Have fun. (She says unenthusiastically. She shows absolutely no interest in the donuts and quickly leaves. Everyone else, except Alison, immediately stands. Alison is still showing an interest in the goodies but not moving toward them. Joyce immediately positions herself between the donuts and Bob.)                                                                                                            

Bob: It's a donut festival!

Joyce: (She moves to block and slow him, as if checking him in basketball.) Just wait a second! We have to first establish the rules.

Bob: Rules, in a donut festival?

Joyce: Yes rules. Last time donuts like these were brought in, Winfred got a broken nose and, once again, Alison didn't get any. We aren't animals. If we don't slow down, someone is going to accidentally eat the cardboard again.

Bob: Oh, no. Here we go. Where's the PowerPoint?

Joyce: There are guidelines in the employee handbook that have been developed over many years that detail out exactly what is to be done with these kind of employee gifts. (She opens a thick binder.) Nearly any scenario you can imagine has been detailed out in section 34 (b), including pastries from chemical companies. Practices and procedures have been set and we would be smart to follow them.

End Part 1

o Irrational   forces perspective.

o Historical perspective school of thought.

o Natural   law school of thought.

o Critical   legal studies school of thought.

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1. Which legal school of thought is illustrated in      this dialogue?

DONUT DAY AT THE OFFICE

Part 5 

Derek: We need someone we can trust who can divide up the donuts. One set of rules can't always be applied here. If we had an impartial judge or two in the mix, someone who doesn't like donuts perhaps, they could take into account all of the changing factors impacting our donut sphere and make up rules that will bring glazed-happiness to all who seek it.

End Part 5

o Irrational   forces perspective.

o Sociological   school of thought.

o Legal realism school of thought.

o Critical   legal studies school of thought.

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1. A new law is established in the town of Avery that      promotes affirmative action employment for people trans-gender and      homosexual individuals. This law would be in pursuance of the tenets of      the __________ school of jurisprudential thought.

o Law and   Economics

o Sociological

o Command

o Irrational   Forces

o Legal   Realism

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1. The federal government passes a law which a company,      JuneCorp, feels unjustifiably discriminates against the company and harms      its ability to operate. Which law or principle of law which is most      relevant to this situation?

o Procedural   Due Process

o Substantive   Due Process

o First   Amendment

o Equal Protection Laws

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1. The government of Sharonville is deep in debt, and      consequently enacts a city ordinance that requires citizens to do      volunteer work for the city once per week. Such and act would be in      accordance with the __________ school of jurisprudential thought.

o Sociological

o Legal   Realism

o Law and   Economics

o Irrational   Forces

o Command

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1. Which legal school of thought is illustrated in      this dialogue?

DONUT DAY AT THE OFFICE

Part 4 

Lee: Right. Inflexible rules, applied the same way every time and in every situation, are just a sign of corporate insanity. This is a company that knows how to adapt and make smart decisions based on the circumstances at hand. Remember when we found out that Allied Chemical hair gel accelerated hair growth at twice the industry standard . . . just before the hair would fall out? Remember what happened to Winfred after he tested out the stuff for us? Remember how happy Allied Chemical was with us when we figured how to market their goop anyway? Dogmatic rules are made to be broken by the enlightened and that's what we are now. We are officially "the enlightened" of the break room.

End Part 4 

o Sociological   school of thought.

o Irrational forces perspective.

o Legal   realism school of thought.

o Critical   legal studies school of thought.

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1. Which legal theory is illustrated in this      dialogue?

DONUT DAY AT THE OFFICE

Part 3 

Joyce: We had a lawsuit filed about this after the pastry rumble of 2017 and there was . . . oh yeah, I remember there were some specific rules that are detailed out in 34 (b), section 4.

Bob: Those stupid rules were made after Winfred face-planted in the donuts when he slipped trying to get past Alison. They don't apply here. There wouldn't even be donut rules if he'd paid attention to his own big feet.

End Part 3 

o Irrational   forces perspective.

o Natural   law school of thought.

o Critical   legal studies school of thought.

o Historical perspective school of thought.

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1. An appeals court feels that a lower court has made an      incorrect judgment concerning a civil law case. Which of the following      would be the mostly reason to remand the case back to the lower court?

o The appellate court found a mistake of law that occurred   during the initial trial.

o The   appellate court wants the lower court to handle the case, since it is a civil   rather than criminal case.

o The   appellate court wants to see more evidence before it can make an informed   decision.

o The   appellate court found a mistake of fact that occurred during the initial   trial.

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1. Charlie is summoned for jury duty. While still in the      selection process, it is discovered that one of the parties to the case used      to be an old friend and neighbor of Charlie's. Which of the following      would most likely happen?

o Charlie would be excluded through preemptory challenge.

o Charlie   would be excluded for cause.

o Charlie   can refuse to serve on the jury.

o Charlie   would be preserved on the jury since he would have inside information about   one of the parties.

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A relationship with one of the parties is substantial cause to remove a person from a jury.

1. Which jurisprudential school of thought relies the most      upon precedent in establishing law?

o Historical

o Irrational   Forces

o Natural   Law

o Sociological

o Legal   Realism

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1. The federal government passes a law which a company,      JuneCorp, feels unjustifiably discriminates against the company and harms      its ability to operate. Which of the following statements is true?

o JuneCorp can contest the legality of the law if   it passes all three scrutiny tests employed by the courts.

o JuneCorp   can contest the legality of the law if there is no evident state interest   which substantiates the enforcement of the law.

o JuneCorp   cannot contest the legality of the law if there is anything but a financial   impact on the company because of the law.

o JuneCorp   cannot contest the legality of the law, since the Equal Protection Clause   applies to people rather than corporations.

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A court would need to determine that the law does not pass whichever scrutiny level applies to this situation. The key to overturning biased laws is proving that they do not further important state interests.

1. Which legal school of thought is illustrated in      this dialogue?

DONUT DAY AT THE OFFICE

Part 8 

(Just then Calvin, the fit CEO, comes jogging into the room with a water bottle in hand. He spots the donuts and shows his disgust.) Calvin: Why do people inflict such nasty, sugar-coated poison on all of us?! A healthy workplace is a happy workplace. (He takes both boxes of donuts, puts them in a small, dirty, battered trash can and steps on them to squash them down, making them suddenly inedible. He smiles at everyone as if they all agree that he has done them a great service.) That's my job as CEO, to help everyone realize a long and happy life! Cheers! (He runs from the room as everyone looks on in stunned silence. After a couple of seconds Bob collapses on the floor next to the garbage can, looking at the destroyed donuts as if they were a long-lost love.)

End Part 8 

o Sociological   school of thought.

o Command school of thought.

o Law and   economics school of thought.

o Legal   realism school of thought.

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1. Which of the following situations would not      substantiate proper standing to sue?

o TreesForDays,   an environmental activist group, wants to sue a company dumping chemicals   into a river in a different state.

o Aniesha wants to sue her neighbor Robert after seeing   him engage in criminal animal cruelty.

o Calvin   wants to sue his sister after finding out she has been taking cash from the   cash register at the family business.

o Tyler   wants to sue Kevin after Kevin harms Tyler's sister in a car crash which   leaves her sister in a coma.

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1. Which of the following situations would most likely      receive a change of venue?

o A local teacher is taken to court after a video of him   beating his students goes viral.

o A woman   wants a change of venue when it appears that all jurors to the case will be   male.

o An   employer who is accused of racially-discriminatory practices wants a change   of venue when it finds out that the local venue judge is African-American.

o A   defendant in a case requests a change of venue because the location of the   trial is inconveniently far away from the state where he lives.

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1. Sage files a complaint against Isabel, alleging that      Isabel is responsible for damages to Sage's property. Isabel thinks the      allegations are ridiculous and doesn't bother to respond to the complaint      which she has been served. Which of the following is likely true?

o A court   will not open a case or post a judgment until Isabel chooses to respond.

o A court can judge in Sage's favor because Isabel seems to be   constructively admitting to Sage's allegations.

o A court   can judge in Isabel's favor even if she doesn't respond if it appears Sages   allegations are frivolous.

o A court   can judge in Sage favor because Isabel is not bargaining in good faith.

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1. Casey is on trial under criminal allegations that she      engaged in fraudulent behavior at the company she manages. She is worried      when the plaintiff alleges that it has "unambiguous proof" that      Casey is guilty. Which of the following is most likely true?

o Casey   need not worry about the plaintiff's evidence, since parties tend to boast   about the level of proof they can establish anyway.

o If the plaintiff provides proof only up to the level of   "clear and convincing," Casey can still be acquitted.

o The   plaintiff will most likely prove Casey is guilty, since criminal charges only   need to meet a prima facie burden of proof.

o If the   plaintiff does have unambiguous evidence that meets a "clear and   convincing" burden of proof, Casey will most likely be found guilty.

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1. Adelyn is in a financial dispute with her creditor. She      wants to declare bankruptcy because she is finding herself unable to meet      the requirements of paying off her debt. Which court that would most      likely address this situation?

o U.S. Bankruptcy Court

o U.S. Tax   Court

o State   Small Claims Court

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1. Radcliffe is a college business professor with little      education but extensive experience in business. A treaty negotiating the      free trade of educational opportunities was just passed between Canada and      the U.S., and it includes a condition that all university professors must      have at least a master’s degree in order to teach. Which of the following      is true?

o Radcliffe no longer meets the qualifications to teach.

o The   treaty is only enforceable if it doesn’t conflict with state law in   Radcliffe’s state.

o Radcliffe   may still teach as long as he only teaches in the U.S.

o Radcliffe   may not be restricted from teaching if his university has no rule concerning   the need for a master’s degree.

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1. Nation A is neighbors with Nation B. When an      international crime lord who operates in both countries is captured by      Nation A, it sentences him to a lifetime of heavy labor. Nation B wants to      have the criminal executed, but it defers to Nation A’s      judgment. Which principle of International Law is at play?

o Sovereign   Immunity

o Act of State Doctrine

o Comity   of Nations

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1. Determine which moral standard of social responsibility      the business is observing.

Meg's company decided to build an additional factory in a small community. When the community started a protest because of the negative impact it feels a factory will have on the community, Meg's company promises to prevent and pay for any negative impact to the community. It also offers to build a community park to balance out the negative impact the factory will have.

o Stakeholder   Theory Moral Standard

o Moral   Minimum Standard

o Profit-Maximizing   Moral Standard

o Indeterminable

o Corporate Citizenship Moral Standard

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1. Anthony votes in favor of a bill which would prevent      people above a certain level of income from being able to purchase      subsidized housing. Which philosophy of ethics is applies here?

o Social Justice Theory

o Utilitarianism

o Virtue   Ethics

o Kantianism

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1. Nation A makes is illegal for its citizens to own more      than one vehicle in order to reduce emissions. Nation A’s neighbor Nation      B disagrees with the decision and refuses to enforce it in its own borders      but refrains from contesting the decision in court. Which principle      of International Law is at play?

o Sovereign   Immunity

o Comity of Nations

o Act of   State Doctrine

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1. Lula thinks that people who discipline their children      by spanking should be sent to jail and says she would be glad to go to      jail if she was caught spanking her child. Which philosophy of ethics      is applicable?

o Virtue   Ethics

o Kantianism

o Social   Justice Theory

o Utilitarianism

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1. Silvia and her brother Clyde make a code of rules they      have to follow together. The rules are as follows:

I) If Silvia bakes a cake, then Clyde can eat as much of it as he wants.

II) Silvia and Clyde can only go to movies they are both interested in seeing.

III) Every time Clyde borrows Silvia's car, he must put some gas in it. Silvia must do the same when she borrows Clyde's motorcycle.

IV) If Clyde makes a cobbler, Silvia can eat as much of it as she wants.

Which ethical philosophies are represented in these rules?

o Social   justice theory only

o Social   justice theory and Kantian ethics

o Kantian   ethics and utilitarianism

o Social justice theory and Kantian ethics

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Items I and IV balance out, reflecting Kantian ethics. Item III reflects Kantian ethics as well. Item II reflects utilitarianism.

1. Determine which moral standard of social responsibility      the business is observing.

Vivian’s company is considering building a huge new department store in a small town. The community argues that the store will disrupt local commerce and harm local business owners. Vivian argues that the store will save money for customers and bring more jobs to the community. Assume both arguments are true.

o Stakeholder   Theory Moral Standard

o Profit-Maximizing   Moral Standard

o Moral   Minimum Standard

o Indeterminable

o Corporate   Citizenship Moral Standard

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1. NoraCorp wants to meet a moral minimum of ethical      behavior in its operations. It is planning a merger with another company      which would cause any or all of the following:

I) Stock price will go up, positively impacting shareholders

II) The company could build a new central headquarters, negatively impacting landowners and community members by decreasing property values

III) The company could fire 200 employees

IV) The company could afford a new production facility, which would negatively impact the environment and landowners' property

V) The company could offer more, higher-quality products to customers for lower cost, positively impacting them.

NoreCorp decides to move forward with the merger. All of the above events occur, but NoraCorp offers severance packages to the employees it fires and plans to compensate landowners for damages caused by the new production facility. Which of the following is true?

o NoraCorp has not met its moral minimum requirements.

o NoraCorp   has met its moral minimum requirements.

o NoraCorp   has exceeded its moral minimum requirements, meeting g a corporate   citizenship standard.

o It is   impossible to determine whether the company has met a moral minimum standard   of ethical behavior.

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The company is compensating for some of its negative impacts (severance packages, compensation to landowners near the production facility). It is also not perfectly addressing some shareholders' interests (community members at the new headquarters, fired employees have no job, and environmental damage is paid for rather then prevented.) The company is "in the middle" of meeting ethical standards and strongly pursuing social responsibilities. 

1. Determine which moral standard of social responsibility      the business is observing.

Brad's company has a smokestack that pollutes the air in a nearby community. When people begin complaining about the pollution, the company pays to have a stack scrubber installed on the smokestack to limit the pollution but does not respond to the community's complaints.

o Profit-Maximizing   Moral Standard

o Stakeholder   Theory Moral Standard

o Corporate   Citizenship Moral Standard

o Indeterminable

o Moral Minimum Standard

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1. Nation A builds a new highway next to citizens’      properties. In the months following, littering as well as several highway accidents      result in damage to the properties. The property owners want to sue the      government for damages, but are restrained by:

o Sovereign Immunity

o Act of   State Doctrine

o Comity   of Nations

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1. Finley steals from a greedy CEO in order to give money      to a large number of poor people. Which philosophy of ethics is      applicable?

o Virtue Ethics

o Social   Justice Theory

o Kantianism

o Utilitarianism

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1. Determine which moral standard of social responsibility      the business is observing.

Genie's company is considering building an annex to its main factory. While deciding on the project, the board of directors discusses the impact the the annex would have on the local community, shareholders, company profits, and nearby landowners.

o Moral   Minimum Standard

o Indeterminable

o Corporate   Citizenship Moral Standard

o Profit-Maximizing   Moral Standard

o Stakeholder Theory Moral Standard

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