True / False
Law, as we know it today, was first developed in the middle ages.
True
False
ANSWER: False
Law may be viewed as a collection of rules or principles intended to prescribe and control human behavior.
True
False
ANSWER: True
Law may be defined as the good acts people do for others without threat of sanction.
True
False
ANSWER: False
Law may be defined as a rule of conduct so established as to justify a prediction that it will be enforced by the courts if its authority is challenged.
True
False
ANSWER: True
Law operates best without use of force, as members of society regulate themselves.
True
False
ANSWER: False
Law is concerned with defining acceptable behavior, not controlling unacceptable behavior.
True
False
ANSWER: False
Ethics and customs are part of society's informal rules.
True
False
ANSWER: True
The legal system is designed to resolve public disputes but private disputes are always resolved informally.
True
False
ANSWER: False
Law is intended to be independent of the social values of members of society.
True
False
ANSWER: False
10.The legal culture of a society includes the attitudes of members of society concerning the law and legal system.
True
False
ANSWER: True
11.Social change occurs naturally and never involves the use of laws or the legal system.
True
False
ANSWER: False
12.The nation of Haiti has been a development success because of its strong system of informal law.
True
False
ANSWER: False
13.One of the main reasons that the country of Haiti has not experienced greater economic development is because its government is corrupt.
True
False
ANSWER: True
14.The U.S. Constitution is the source of all law in the U.S.
True
False
ANSWER: False
15.The U.S. Constitution is the oldest written constitution in force of any major nation.
True
False
ANSWER: True
16.The Constitution specifically creates the executive, legislative, and administrative branches of the federal government.
True
False
ANSWER: False
17.The Constitution creates the executive, legislative, and judiciary branches of the federal government.
True
False
ANSWER: True
18.A constitution is fundamental law which establishes the powers of the government and the limits of that power.
True
False
ANSWER: True
19.The separation of powers determined by the U.S. Constitution means that each branch of government has functions that can be checked by other branches.
True
False
ANSWER: True
20.The separation of powers determined by the U.S. Constitution allocated powers between the federal courts and the state courts.
True
False
ANSWER: False
21.The U.S. Constitution requires every state to have a legislature that has two parts, a house and a senate (or some bodies with similar structure).
True
False
ANSWER: False
22.State constitutions, unlike the federal Constitution, tend to be very short and have few details.
True
False
ANSWER: False
23.Statutory law is created by executive order.
True
False
ANSWER: False
24.Only federal statutes may violate the Constitution.
True
False
ANSWER: False
25.An important state law affecting the legal regulation of business is the Uniform Commercial Code.
True
False
ANSWER: True
26.Nebraska is the only state with a legislature that only has one part or house. All other states have a two-part legislature.
True
False
ANSWER: True
27.Delaware is the only state with a legislature that only has one part or house. All other states have a two-part legislature.
True
False
ANSWER: False
28.An administrative agency is created when the legislative or executive branch of government delegate some of its authority to an appropriate group.
True
False
ANSWER: True
29.Administrative agencies are typically created by court orders.
True
False
ANSWER: False
30.A key function of the judiciary is to interpret and enforce the laws.
True
False
ANSWER: True
31.Common law in the U.S. has its origin in England.
True
False
ANSWER: True
32.American common law dates back to colonial times.
True
False
ANSWER: True
33.American common law was approved for adoption in Article III of the U.S. Constitution.
True
False
ANSWER: False
34.Common law is based upon actual cases tried in court.
True
False
ANSWER: True
35.Common law changes only by acts of the legislature.
True
False
ANSWER: False
36.A precedent is a future legal decision.
True
False
ANSWER: False
37.The doctrine of stare decisis means that decisions in past cases will be followed in resolving present cases.
True
False
ANSWER: True
38.The doctrine of stare decisis in the common law means that decisions from past cases must always be followed so that common law rules will not change.
True
False
ANSWER: False
39.A problem with the doctrine of stare decisis in common law is that judges are forced to stand by old rules, even if they no longer seem appropriate.
True
False
ANSWER: False
40.The doctrine of stare decisis created a more just legal system by working to reduce the prejudices of individual judges.
True
False
ANSWER: True
41.One of the benefits of the common law is that it is flexible in changing with the times.
True
False
ANSWER: True
42.Decisions from courts are published in case reporters.
True
False
ANSWER: True
43.Legal documents could not be transmitted electronically due to common law rules based upon use of documents printed and delivered on paper.
True
False
ANSWER: False
44.To allow electronic transmission of documents in the legal system, legislatures had to give the courts permission to change from traditional methods of transmittal.
True
False
ANSWER: False
45.In Davis v. Baugh Industrial Contractors the Washington supreme court held that the traditional common law rule regarding negligence by a contractor could not be changed.
True
False
ANSWER: False
46.In Davis v. Baugh Industrial Contractors the Washington supreme court held that the traditional common law rule regarding negligence by a contractor would be changed because the old rule was out of date.
True
False
ANSWER: True
47.In Davis v. Baugh Industrial Contractors the Washington supreme court held that the traditional common law rule regarding negligence by a contractor could be changed only if a majority of state supreme courts agreed to change the rule.
True
False
ANSWER: False
48.The President creates law by issuing executive orders.
True
False
ANSWER: True
49.The President may not create any law without the permission of Congress.
True
False
ANSWER: False
50.Presidents have no legal influence over administrative agencies.
True
False
ANSWER: False
51.Treaties affect relations between sovereign governments only and do not affect the way companies do business.
True
False
ANSWER: False
52.Article II, Section II of the U.S. Constitution requires a 2/3 vote of approval by the Senate before an international treaty is ratified.
True
False
ANSWER: True
53.The U.S. Constitution requires a majority vote of approval by the Senate before an international treaty is ratified.
True
False
ANSWER: False
54.International treaties accepted by the U.S. government apply only in foreign legal matters; they have no standing in domestic legal issues
True
False
ANSWER: False
55.Public law sets forth rules governing the legal relationships among society members and serves principally to resolve disputes among members of society.
True
False
ANSWER: False
56.Examples of public law are civil procedure, criminal law, and labor law.
True
False
ANSWER: True
57.Examples of private law include contract law and partnership law.
True
False
ANSWER: True
58.Private law, unlike public law, tends to change rapidly as it is based on current social attitudes.
True
False
ANSWER: False
59.Private law, unlike public law, is not binding.
True
False
ANSWER: False
60.Criminal law is defined as legal wrongs committed against individuals or businesses.
True
False
ANSWER: False
61.To find a person guilty of a crime, the jury or judge must find that the preponderance (majority) of the evidence is against the accused.
True
False
ANSWER: False
62.Felonies are generally defined as serious criminal offenses punishable by death or imprisonment for more than a year.
True
False
ANSWER: True
63.Felonies are generally defined as serious criminal offenses that violate federal law, not state law.
True
False
ANSWER: False
64.Misdemeanors are criminal offenses generally punishable by imprisonment for more than one year.
True
False
ANSWER: False
65.Misdemeanors are criminal offenses that violate state law, not federal law.
True
False
ANSWER: False
66.Misdemeanors are civil offenses generally punishable by imprisonment for less than a year.
True
False
ANSWER: False
67.The objective of the criminal law is to compensate victims of crimes.
True
False
ANSWER: False
68.Examples of civil law include the torts of defamation, invasion of privacy, and trespass.
True
False
ANSWER: True
69.Plaintiffs in civil law suits must demonstrate their case to the judge or jury beyond a reasonable doubt.
True
False
ANSWER: False
70.Substantive law includes the common law.
True
False
ANSWER: True
71.Civil procedure, appellate procedure, and criminal procedure are examples of substantive law.
True
False
ANSWER: False
72.Procedural law determines how substantive law is enforces through the court process.
True
False
ANSWER: True
73.Surveys indicate that the public has less confidence in the ethical standards of business leaders today than it did decades ago.
True
False
ANSWER: True
74.Whether or not the ethical standards of business leaders may have fallen, it is likely that the public expects much less from business leaders today than it did decades ago.
True
False
ANSWER: False
75.Because companies have suffered so few public image problems, few corporations have codes of ethics.
True
False
ANSWER: False
76.Surveys indicate that the biggest ethics problem in companies is a lack of an ethics code.
True
False
ANSWER: False
77.Pressure for managers to behave ethically comes only from the government.
True
False
ANSWER: False
78.Companies that follow Department of Justice compliance codes carefully are not prosecuted for violations of related laws.
True
False
ANSWER: False
79.Companies that follow Department of Justice compliance codes carefully may suffer smaller penalties for violations of related laws.
True
False
ANSWER: True
80.Experience with online ethics training indicates it has almost no impact; such training must be personal.
True
False
ANSWER: False
81.Ethics is a set of rules that the government enforces and that constrain the behavior of members of society.
True
False
ANSWER: False
82.Ethics generally refers to accepted standards of right and wrong in a society.
True
False
ANSWER: False
83.Ethics is considered a part of etiquette or good manners.
True
False
ANSWER: False
84.Ethics is generally the rules or standards governing the conduct of members of a profession.
True
False
ANSWER: True
85.Moral and ethical standards are the same as legal standards.
True
False
ANSWER: False
86.Legality means morality.
True
False
ANSWER: False
87.Integrity is generally defined to mean living by a moral code and standard of ethics.
True
False
ANSWER: True
88.Morality concerns conforming to rules of correct conduct as defined by a society or a religion.
True
False
ANSWER: True
89.A World Bank study indicates that nations with more extensive regulation of business then to have less corruption.
True
False
ANSWER: False
90.A World Bank study indicates that nations with more extensive regulation of business generally have more corruption than nations with less regulation.
True
False
ANSWER: True
91.When discussing the reality of business ethics, Peter Drucker held that it was not unethical to pay a bribe if that was the norm in a business and was absolutely needed to get business for a company.
True
False
ANSWER: False
92.Campaign contributions by companies are generally illegal and, even if not, considered to be highly unethical.
True
False
ANSWER: False
93.Corporate social responsibility is generally considered to be the ethics of a business.
True
False
ANSWER: True
94.In Lamson v. Crater Lake Motors the Oregon appeals court held that a violation of ethical standards, which caused a sales manager to be fired, was grounds for wrongful termination.
True
False
ANSWER: False
95.In Lamson v. Crater Lake Motors, where a sales manager was fired in a dispute over business ethics, the Oregon appeals court held that he had no basis for a suit for improper dismissal.
True
False
ANSWER: True
Multiple Choice
96.Which area of law is most likely to impact directly the finance and accounting departments of a company?
products liability
employment discrimination
credit regulation
environmental law
all of these are likely to impact about the same
ANSWER: c
97.Which of these issues may impact a company's operations?
international issues
political issues
ethical issues
legal issues
all of these issues can impact operations
ANSWER: e
98.Which is generally recognized as the best (most correct) definition of law?
a body of rules of action or conduct prescribed by controlling authority, and having binding legal force
that which must be obeyed and followed by members of a society subject to sanctions or legal consequences
the circumstances in which the public force is brought to bear through the courts
a rule of conduct that justifies a prediction that it likely will be enforced by the courts if its authority is challenged
all of the other choices are correct; there is no one agreed upon best definition
ANSWER: e
99.Which of the following is an accepted definition of law?
a body of rules of action or conduct prescribed by controlling authority, and having binding legal force
a body of rules of action or conduct prescribed by society, but lacking legal force
a body of rules of action or conduct prescribed by courts and sanction by international society
a body of rules of action or conduct prescribed by the Supreme Court, and having binding legal force
none of the other choices
ANSWER: a
100.Which of the following is an accepted definition of law?
a body of rules of action or conduct prescribed by society, but lacking legal force
that which must be obeyed and followed by members of a society subject to sanctions or legal consequences
that which must be obeyed and followed by the controlling authority of a country
a body of rules of action or conduct prescribed by the Supreme Court, and having binding legal force
none of the other choices
ANSWER: b
101.In an orderly society, law and the legal system help to:
influence the behavior of members of society
resolve disputes
maintain the important values of society
provide a way for important social changes to take effect
all of the answers are part of the role of law
ANSWER: e
102.Enforcement of law in a society is important because it:
provides some predictability and uniformity to the boundaries of acceptable conduct
promotes social well-being
leads to higher literacy rates
prevents large disparities in income
none of the other choices
ANSWER: a
103.Which of the following is not a part of the rules that govern behavior in most nations:
formal rules
informal rules
social customs
ethics
all of the other choices are part of the rules
ANSWER: e
104.Both and are part of the rules that govern behavior in most nations.
philosophy and sociology
psychology and ethics
formal rules and informal rules
all of the other specific choices
none of the other specific choices
ANSWER: c
105.Both and are part of the rules that govern behavior in most nations.
philosophy and sociology
customs and ethics
formal rules and psychology
all of the other specific choices
none of the other specific choices
ANSWER: b
106.Both and are part of the rules that govern behavior in most nations.
customs and informal rules
formal rules and ethics
formal rules and informal rules
all of the other specific choices
none of the other specific choices
ANSWER: d
107.Which of the following is a part of the rules that govern behavior in most nations:
the Old Testament
the New Testament
social customs
the Torah
all of the other choices are parts of the rules
ANSWER: c
108.Which of the following is a part of the rules that govern behavior in most nations:
ethics
statutory law
social customs
all of the choices are parts of the rules
none of the other choices are correct
ANSWER: d
109.Which of the following is NOT a part of the rules that govern behavior in most nations:
ethics
formal rules
social customs
administrative rules
all of the other choices are parts of the rules
ANSWER: e
110.Which of the following is NOT generally considered to be a part of the rules that govern behavior in most nations:
ethics
psychology
social customs
administrative rules
all of the other choices are NOT parts of the rules
ANSWER: b
By the use of laws and the legal system, the government can:
change acceptable behavior
instruct people on what is allowed in certain circumstances
encourage certain types of business activity
impose sanctions to try to eliminate certain business activities
all of the other choices are included
ANSWER: e
112.Which of the following statements is true?
law imposes structure on society by limiting activities that hurt the "public interest"
the sale of marijuana is illegal worldwide
the sale of alcoholic beverages is legal worldwide
laws do not apply to individuals; only to society as a whole
all of the other choices are correct
ANSWER: a
113.Which of the following statements about law is true?
law must be approved by the "will of the people"
the sale of marijuana is illegal worldwide
he sale of alcoholic beverages is legal worldwide
formal law is respected in all nations
none of the other choices are necessarily correct
ANSWER: e
114.Which of the following statements is true?
formal law is respected in all nations
the sale of marijuana is illegal worldwide
the sale of alcoholic beverages is legal worldwide
law imposes structure on society by limiting activities that hurt the "public interest"
all of the other choices are correct
ANSWER: d
115.Which of the following statements is true?
law applies to individuals only; not to groups or society as a whole
the sale of marijuana is illegal worldwide
the sale of alcoholic beverages is legal worldwide
formal law is respected by all nations
none of the other choices are true
ANSWER: e
116.Making marijuana illegal in the United States and alcohol illegal in Saudi Arabia are both examples of:
how law applies to individuals and not to groups or society as a whole
how governments can use law to enforce different social norms
how formal law is respected in all nations
how law applies to both individuals and to groups equally
none of the other choices
ANSWER: b
117.Making marijuana illegal in the United States and alcohol illegal in Saudi Arabia are both examples of:
how law applies to individuals and not to groups or society as a whole
how law applies to both individuals and to groups equally
how formal law is respected by all nations
all of the other specific choices
none of the other specific choices
ANSWER: e
118.Laws are important in societies made up of people with differing desire and values because:
disagreements are inevitable and laws is an attempt to settle disputes in a peaceful manner
disagreements are inevitable and law is a force that constrains people within a society
disagreements are inevitable and law provides social rules to govern behavior
all of the other specific choices
none of the other specific choices
ANSWER: d
119.Law(s) is (are):
an attempt to settle disputes in a peaceful manner
forces that constrains people within a society
social rules that govern our behavior
written statutes passed by legislatures
all of the other choices are correct
ANSWER: e
120.The reasonable "doing of something about disputes" refers to:
the business of law
the business of legality
the business of management
the business of courts
all of the other choices are correct
ANSWER: a
121.The reasonable "doing of something about disputes" refers to:
the business of the private sector
the need for regulations
the leadership of management
the structure of courts
none of the other choices
ANSWER: e
122.Which of the following are reflected in some aspect of law:
honesty and integrity are reflected by the enforceability of contracts
respect for other people and their property is reflected in tort and property law
some measures of acceptable behavior are reflected in criminal laws
all of the other specific choices
none of the other specific choices
ANSWER: d
123.Which of the following are reflected in some aspect of law:
honesty and integrity are reflected by the enforceability of contracts
respect for other people and their property is reflected in agency law
some measures of acceptable behavior are reflected in tort and property law
all of the other specific choices
none of the other specific choices
ANSWER: a
124.Which of the following are reflected in some aspect of law:
honesty and integrity are reflected by family law
respect for other people and their property is reflected in agency law
some measures of acceptable behavior are reflected in tort and property law
all of the other specific choices
none of the other specific choices
ANSWER: e
125.The shift from laws of the past that required discrimination based on race to laws of today that prohibit discrimination based on race show how:
the legal system can bring about changes in "acceptable" behavior
the legal system does not change with time
the legal system is subject to the whims of Supreme Court Judges
the legal system is subject to the will of the general public
none of the other choices
ANSWER: a
126.The shift from laws of the past that enforced discrimination based on race to laws of today that prohibit discrimination based on race show how:
the legal system can only change when the majority of the country wants it to change
the legal system does not change with time
the legal system is subject to the whims of Supreme Court Justices
the legal system is subject to the will of the general public
none of the other choices
ANSWER: e
127.One of the major challenges that the extremely poor nation of Haiti faces is:
Haiti suffers under a corrupt government and a legal system that does not protect people's lives and property
Haiti has too many legislative officials who have not studied constitutional law prior to entering the legislature
Haiti does not have any legal system
Haiti lacks a middle class that is capable of operating a successful business sector
none of the other choices
ANSWER: a
128.In the extremely poor nation of Haiti, doing business is almost impossible because:
there are too many natural disasters in Haiti
there are no businessmen in Haiti
the demands for bribes are endless
the leaders of the country do not like business
none of the other choices
ANSWER: c
129.One of the major differences between high income countries like New Zealand and extremely low income countries like Haiti is:
New Zealand has a well-functioning legal system and lack of corruption while Haiti has no meaningful law to protect life and property and high corruption
Haiti has a well-functioning legal system and lack of corruption while New Zealand has no meaningful law to protect life and property and high corruption
New Zealand has an elected parliament and Haiti does not
Haiti has a growing population and New Zealand has a declining population
none of the other choices
ANSWER: a
130.Many studies find that there is a strong relationship between:
a well-functioning legal system and the number of prisons
a well-functioning legal system and the level of economic development
a well-functioning legal system and the birth rate
the level of corruption and life expectancy
none of the other choices
ANSWER: b
131.Many studies find that there is a strong relationship between:
a well-functioning legal system and the number of prisons
a well-functioning legal system and incidence of disease
a well-functioning legal system and the birth rate
the level of corruption and life expectancy
none of the other choices
ANSWER: e
132.To resolve disputes between citizens or between citizens and government, which is the most important institution that has evolved?
the penitentiary system
the diplomatic corps
the court system
the military
all of the other choices
ANSWER: c
133.One example of the law working to effect social change in the U.S. is in the area of:
commercial paper
negotiable instruments
easements
racial discrimination
covenants
ANSWER: d
134.One example of the law working to effect social change in the U.S. that is discussed in the text is in the area of:
commercial paper
negotiable instruments
easements
land titles
none of the other choices
ANSWER: e
135.The United States Constitution:
is the oldest written constitution except for those in England (U.K.) and Spain
created the three branches of government
established the common law
created the cabinet officers (Secretary of State, Secretary of Defense, etc.)
all of the other choices are correct
ANSWER: b
136.The United States Constitution:
is the oldest written constitution in force in a major nation
created the four branches of government
established the common law
created the 50 states
all of the other choices are correct
ANSWER: a
137.The United States Constitution:
is the oldest written constitution in force in a major nation
provides for the general powers and limits of the federal government
establishes a division in governmental powers called the separation of powers
establishes itself as supreme over state law
all of the other choices are correct
ANSWER: e
138.The United States Constitution:
has both clear rules and general principles
has only clear rules
has only general principles
has one fundamental goal
none of the other choices
ANSWER: a
139.The United States Constitution:
lacks both clear rules and general principles
has only specific rules
has only "theoretical" principles
has one fundamental goal
none of the other choices
ANSWER: e
140.A constitution must be:
a written document
applicable to all situations
accepted by at least two-thirds of the citizens of a country
acknowledged by the international community
none of the other choices
ANSWER: e
141.The fundamental law of the nation is the:
Declaration of Independence
Bill of Rights
Constitution
magna charta
curia regis ANSWER: c
142.The U.S. Constitution:
established and limited the powers of the U.S. government
created the common law
created the four major branches of the U.S. government
created the 50 states
all of the other choices are included in the Constitution
ANSWER: a
143.The U.S. Constitution creates:
the rights of citizens
stare decisis
the executive branch of government
informal law
none of the other choices are in the Constitution
ANSWER: c
144.The United States Constitution:
established the form of state governments
gave the government certain powers
granted freedom to all citizens
granted Congress the power to impose income taxes
all other choices are correct
ANSWER: b
145.The United States Constitution divides governmental power to prevent:
extreme gaps in income
states from becoming too powerful
the tyranny the founders experienced under King George III
excessive taxation
none of the other choices
ANSWER: c
146.Powers not granted to the federal government are retained by states or are left to the people according to:
the Constitution
the Supreme Court
the common law
Executive Order 153
none of the other choices are correct
ANSWER: a
147.Powers not granted to the federal government are retained by states or are left to the people according to:
the Court of Law
the Supreme Court in Marbury v. Madison
the common law
Executive Order 153
none of the other choices are correct
ANSWER: e
148.A constitution is best described as:
the statutory law of the land
the fundamental law of the land
the supplementary law of the land
the nuanced law of the land
the accessory law of the land
ANSWER: b
149.The United States Constitution is:
an unwritten document
an understanding between the people and the government
the highest legal authority
the second highest legal authority; the Executive is the highest legal authority
the supplementary law of the land
ANSWER: c
150.The United States Constitution is:
an unwritten document
an understanding between the people and the government
the second highest legal authority; the Declaration of Independence is the highest legal authority
the second highest legal authority; the Executive is the highest legal authority
none of the other choices is correct
ANSWER: e
151.As the highest legal authority, the United States Constitution:
is unwritten
overrides any state or federal laws that go beyond what the Constitution permits
overrides any state, but not any federal, laws that go beyond what the Constitution permits
overrides any federal, but not any state, laws that go beyond what the Constitution permits
none of the other choices is correct
ANSWER: b
152.The United States Constitution:
is unwritten
overrides any state or federal laws that go beyond what the Constitution permits
overrides any state, but not any federal, laws that go beyond what the Constitution permits
overrides any federal, but not any state, laws that go beyond what the Constitution permits
none of the other choices is correct
ANSWER: b
153.The United States Constitution:
is unwritten
cannot override any state or federal laws that go beyond what the Constitution permits
overrides any state, but not any federal, laws that go beyond what the Constitution permits
overrides any federal, but not any state, laws that go beyond what the Constitution permits
none of the other choices is correct
ANSWER: e
154.Statutory law is:
a law enacted by a legislative body
also known as the fundamental law of the nation
a form of common law
the separation of powers at the federal level
all of the other choices are correct
ANSWER: a
155.Statutory law is:
a rule declared by the Supreme Court
also known as the fundamental law of the nation
a form of common law
the separation of powers at the federal level
none of the other choices are correct
ANSWER: e
156.Statutory law is:
the separation of powers at the federal level
also known as the fundamental law of the nation
a form of common law
a law enacted by a legislative body
all of the other choices are correct
ANSWER: d
157.Statutory law comes from:
Senate resolutions
state legislatures
Executive Orders
the Supreme Court
all other choices are correct
ANSWER: b
158.The U.S. Constitution created these branches of the federal government: (1) executive, (2) judicial, and (3):
senatorial
administrative
legislative
constitutional
states
ANSWER: c
159.The U.S. Constitution created these branches of the federal government: (1) executive, (2) judicial, and (3):
senatorial
administrative
constitutional
states
none of the other choices are correct
ANSWER: e
160.The U.S. Constitution created these branches of federal government:
executive, senatorial and administrative
executive, legislative and state
executive, legislative and judicial
legislative, judicial and constitutional
legislative, judicial and state
ANSWER: c
161.The U.S. Constitution created these branches of federal government:
executive, senatorial and administrative
executive, legislative and state
executive, legislative and senatorial
legislative, judicial and constitutional
none of the other choices are correct
ANSWER: e
162.The division in government power as established by the Constitution is referred to as the:
Three Branches
Executive Privilege
Stare Decisis
Separation of Powers
Law of the Land
ANSWER: d
163.The division in government power as established by the Constitution is referred to as the:
Three Branches
Executive Privilege
Stare Decisis
Legal Separation
none of the other choices are correct
ANSWER: e
164.The separation of powers is:
the division in government powers as established by the Constitution
the division of power within state legislatures
the division of the power of the president and the power of the vice president
the division of executive privileges
the law of the land
ANSWER: a
165.The separation of powers is:
generally called the law of the land
the division of powers within state legislatures
the division of the power of the president and the power of the vice president
the division of executive privileges
none of the other choices are correct
ANSWER: e
166.State constitutions:
must be approved by a two-thirds vote of Congress
are the highest form of law within each state
tend to be much shorter than the U.S. Constitution
must be approved by state supreme courts
none of the other choices are correct
ANSWER: b
167.State constitutions:
must be approved by majority vote in Congress
must be approved by a two-thirds vote of Congress
are the highest form of law within each state
tend to be much shorter than the U.S. Constitution
all of the other choices are correct
ANSWER: c
168.The powers and structures of all state governments are based on:
unwritten constitutions
written constitutions
unwritten agreements between the state residents and their congressional representatives
written agreements between the state residents and their congressional representatives
the Bill of Rights
ANSWER: b
169.The powers and structures of all state governments are based on:
unwritten constitutions
the Bill of Rights
unwritten agreements between the state residents and their congressional representatives
written agreements between the state residents and their congressional representatives
none of the other choices are correct
ANSWER: e
170.State constitutions:
specify how state officials are chosen and removed
specify how finances and revenues are paid and collected
specify how laws are passed
specify how the court systems run
all of the other choices are correct
ANSWER: e
171.State constitutions:
specify how state officials are chosen and removed
specify how the federal government should enforce laws
specify how the Supreme Court takes cases
all of the other specific choices are correct
none of the other choices are correct
ANSWER: a
172.State constitutions:
specify how finances and revenues are paid and collected
specify how the federal government should enforce laws
specify how the Supreme Court takes cases
all of the other specific choices are correct
none of the other choices are correct
ANSWER: a
173.State constitutions:
specify how the court systems run
specify how the federal government should enforce laws
specify how the Supreme Court takes cases
all of the other specific choices are correct
none of the other choices are correct
ANSWER: a
174.State constitutions tend to be longer and more detail-filled than the U.S. Constitution in part because:
state constitutions are more important
individual states have different moral codes that require frequent changes
amending state constitutions is generally easier than changing the U.S. Constitution
there is no separation of power at the state level
none of the other choices is correct
ANSWER: c
175.State constitutions tend to be longer and more detail-filled than the U.S. Constitution in part because:
state constitutions are more important
individual states have different moral codes
there is no separation of power at the state level
all of the other specific choices are correct
none of the other specific choices is correct
ANSWER: e
176.Federal courts can review statutes passed by Congress to ensure:
that the statutes do not violate the U.S. Constitution
that the statutes are fair
that the statutes do not violate women's rights
that the statutes do not violate previously passed statutes
none of the other choices
ANSWER: a
177.State courts can review statutes passed by their legislatures to ensure:
that the statutes are fair
that the statutes do not violate the state constitution or the U.S. Constitution
that the statutes do not violate women's rights
that the statutes do not violate previously passed statutes
none of the other choices
ANSWER: b
178.What part of the Constitution provides that all power to make laws for the federal government shall be held by Congress?
Article I, Section 1.
Article II, Section 1.
Article I, Section 2.
Article II, Section 2.
this power comes from the Magna Charta, not the Constitution.
ANSWER: a
179.What part of the Constitution provides that all power to make laws for the federal government shall be held by Congress?
Article II, Section 3.
Article II, Section 1.
Article I, Section 2.
Article II, Section 2.
none of the other choices
ANSWER: e
180.Article I, Section 1 of the U.S. Constitution:
provides that all power to make laws for the federal government shall be held by Congress
provides that all power to make laws for the federal government shall be held by the Supreme Court
provides that all power to make laws for the federal government shall be held by the Vice President
provides that all power to make laws for state governments shall be held by senators
provides that all power to make laws for state governments shall be held by state governors
ANSWER: a
181.Article I, Section 1 of the U.S. Constitution:
provides that all power to make laws for state governments shall be held by state governors
provides that all power to make laws for the federal government shall be held by the Supreme Court
provides that all power to make laws for the federal government shall be held by the Vice President
provides that all power to make laws for state governments shall be held by senators
provides that all power to make laws for state governments shall be held by state governors
ANSWER: e
182.Of the thousands of pieces of legislature proposed in each session of Congress:
about half pass both the House and Senate
about two-thirds pass both the House and Senate
about 200 to 300 pass both the House and Senate
about 1000 pass both the House and Senate
about 50 pass both the House and Senate
ANSWER: c
183.About 200 to 300 of the thousands of pieces of legislature proposed in each session of Congress:
are valid pieces of legislation
pass both the House and Senate
are voted on by the general public
pass the House, but not the Senate
are voted on by both Democrats and Republicans
ANSWER: b
184.About 200 to 300 of the thousands of pieces of legislature proposed in each session of Congress:
are valid pieces of legislation
pass the House, but not the Senate
are voted on by the general public
go to the President for his signature
are voted on by both Democrats and Republicans
ANSWER: d
185.All states except one have a bicameral (two part) legislature containing two bodies, such as a House and a Senate. The exception is:
Maine
Nebraska
Alaska
New Jersey
Hawaii
ANSWER: b
186.Only one state has a unicameral (one part) legislature. That state is:
Maine
Arkansas
Alaska
New Jersey
none of the states listed have such a legislature
ANSWER: e
187.Nebraska differs from all other states in that:
it does not have senators
it does not have a bicameral legislature
it does not have a judicial branch
all of the other specific choices are correct
none of the other specific choices are correct
ANSWER: b
188.Nebraska is the only state that:
has a unicameral legislature
has a bicameral legislature
does not have a legislature
does not have sales tax
does not have income tax
ANSWER: a
189.Most states have a two-part legislature. Having two legislative house is meant to:
make things more efficient
make things more fair
serve as an added check on government power
serve to enhance government power
none of the other choices
ANSWER: c
190.Unlike at the federal level, in some states:
voters must be over 21 to vote on legislation
voters make all the laws through the voting process
voters may not directly enact legislation through the voting process
voters may directly enact legislation through the voting process
none of the other choices
ANSWER: d
191.One of the most important state laws affecting business is:
the Uniform Probate Code
the Uniform Commercial Code
the Federal Rules of Civil Procedure
the Uniform Partnership Act
the Compensation for Tort Victims Act
ANSWER: b
192.The Uniform Commercial Code is:
one of the most important state laws affecting business
a minor state law affecting business
a set of federal regulations
a code enforced by the Supreme Court
none of the other choices
ANSWER: a
193.The National Conference of Commissioners on Uniform State Laws works with:
lawyers
law professors
the business community
judges
all of the other choices are correct
ANSWER: e
194.The National Conference of Commissioners on Uniform State Laws:
protects worker rights in all states
makes sure all state laws affecting businesses are the same
drafts proposed laws for consideration by state legislatures
all of the other specific choices
none of the other specific choices
ANSWER: c
195.An important source of U.S. law affecting the legal environment of business are regulations, opinions, and orders from:
administrative agencies
police department policies
U.S. Senate resolutions
U.N. treaties
executive (Presidential) charters
ANSWER: a
196.An important source of U.S. law affecting the legal environment of business are regulations, opinions, and orders from:
police departments
the U.S. Senate
U.N. treaties
executive (Presidential) charters
none of the other choices are correct
ANSWER: e
197.An administrative agency is created when the:
legislative branch delegates some authority to a group or agency
legislative branch enacts a law specifying the duties and responsibilities of an agency
executive branch delegates some of its authority to a group or agency
the President creates an office by Executive Order
all of the other choices can be correct
ANSWER: e
198.Regulatory law may come from:
Congress
state legislatures
administrative agencies
the President
any of the other choices can be correct
ANSWER: e
199.The Environmental Protection Agency is an example of:
a state legislature
an administrative agency
an executive agency
a congressional agency
none of the other choices
ANSWER: b
200.Administrative agencies can:
enact regulations
supervise compliance with regulations
adjudicate violations of regulations
all of the other specific choices are correct
none of the other specific choices are correct
ANSWER: d
201.The judiciary:
reviews actions taken by the executive branch
interprets laws enacted by legislative bodies
enforces laws enacted by legislative bodies
contributes to the development of the common law
all of the other choices are possible
ANSWER: e
202.The judiciary:
applies the common law
writes laws
is not involved with the common law
is controlled by voters through referendums
none of the other choices
ANSWER: a
203.The original or oldest source of law in this country is:
the federal Constitution
the constitution of the first state
the common law
the Declaration of Independence
none of the other choices are correct
ANSWER: c
204.Common law is:
the original or oldest source of law in the United States
the law generally applied world wide
the law that the legislature must follow
the law that everyday citizens, but not government officials, must follow
none of the other choices
ANSWER: a
205.Common law is:
the law generally applied world wide
the law that everyday citizens, but not government officials, must follow
the foundation of agency, contract, property and tort law
the foundation of criminal law
none of the other choices
ANSWER: c
206.Common law is:
the foundation of agency law
the foundation of contract law
the foundation of property law
the foundation of tort law
all of the choices are correct
ANSWER: e
207.The U.S. common law originated in:
colonial America
the Confederate States of America
England
ancient Rome
the Constitution
ANSWER: c
208.The common law began in:
France, at the time of the French revolution
Russia, at the time of the Russian revolution
England, before colonial days in America
the U.S., after the Declaration of Independence
Italy in the lex mercatoria ANSWER: c
209.The common law in the United States began in:
France, at the time of the French revolution
England, before colonial times in America
Russia, at the time of the Russian revolution
the U.S., after the Declaration of Independence
Italy in the lex mercatoria ANSWER: b
210.The term "common law" refers to:
law common to most countries
laws passed by Congress
law made and applied by judges
law passed by a state's legislature
none of the other choices are correct
ANSWER: c
211.The term "common law" refers to:
law common to most countries
laws passed by Congress
laws passed by state legislatures
legal rules identical in all 50 states
none of the other choices are correct
ANSWER: e
212.Under common law, disputes come to court:
when police make an arrest
when counseling does not work
in the form of a case
in the form of a complaint
in the form of a criticism
ANSWER: c
213.A case is:
the form in which a dispute comes to court
the breaking of a law
the breaking of a contract
the forming of a contract
none of the other choices
ANSWER: a
214.A case is:
a dispute between two or more parties that is resolved through the legal process
the breaking of a law
the breaking of a contract
the forming of a contract through the legal process
none of the other choices
ANSWER: a
215.A case is:
the forming of a contract through the legal process
the breaking of a law
the breaking of a contract
all of the other specific choices are correct
none of the other specific choices are correct
ANSWER: e
216.When judges use decisions from earlier legal cases for guidance in legal principles to solve current cases it is referred to as:
common law
precedent
procedural law
statutory procedure
legal culture
ANSWER: b
217.When judges use decisions from earlier legal cases for guidance in legal principles to solve current cases it is referred to as:
precedent
judicial ethics
procedural law
statutory procedure
legal culture
ANSWER: a
218.Precedent is when:
judges use ethical principles to solve current cases
judges ask the jury to solve current cases by following state codes
judges use the U.S. Constitution to solve current cases
judges use decisions from earlier cases for guidance in legal principles to solve cases
judges confer with higher ranking judges to solve current cases
ANSWER: d
219.Precedent is when:
judges use ethical principles to solve current cases
judges ask the jury to solve current cases
judges use the U.S. Constitution to solve current cases
judges confer with higher ranking judges to solve current cases
none of the other choices
ANSWER: e
220.Under the common law, judges usually decide cases based on:
personal opinion
decisions from previous cases
the U.S. Code or U.S. Code Annotated
the statutes of the state within which the court sits
executive orders
ANSWER: b
221.Under the common law, judges usually decide cases based on:
personal opinion
the U.S. Code or U.S. Code Annotated
the statutes of the state within which the court sits
executive orders
none of the other choices are correct
ANSWER: e
222.Case reporters are:
unofficial publications of case decisions
reporters who publish court cases in newspapers
official publications of case decisions
secret case documents not available to the public
none of the other choices
ANSWER: c
223.The official, public publications of case decisions are called:
case reporters
case files
case information
case ethics
case decisions
ANSWER: a
224.The official, public publications of case decisions are called:
case pronouncements
case files
case information
case ethics
none of the other choices
ANSWER: e
225.The use of legal precedent, or the use of prior decisions as guidance in disputes that occur later, is called:
procedural law
public law
stare decisis
remedy in equity
tort law
ANSWER: c
226.The doctrine of stare decisis can be defined as:
the use of prior case decisions as guidance in resolving later disputes
laws setting forth rules for relationships between people
a private or civil wrong that results in injury to another
decisions concerning legal wrongs or crimes committed against society
none of the other choices are correct
ANSWER: a
227.The doctrine of stare decisis is generally defined as:
the use of lex mercatoria as guidance in judicial decisions
laws setting forth rules for relationships between people
a private or civil wrong that results in injury to another
decisions concerning legal wrongs or crimes committed against society
none of the other choices are correct
ANSWER: e
228.The legal doctrine of stare decisis is generally defined as:
the doctrine that grants power to Congress to regulate commerce
the division of powers among three major branches of the federal government
the power of the Supreme Court to invalidate laws passed by Congress
the ability of the President to issue Executive Orders
none of the other choices are correct
ANSWER: e
229.The practice of deciding court cases by referring to earlier decisions is known as:
statutory decisions
E pluribus unum
Curia Regis
stare decisis
lex mercatoria ANSWER: d
230.The practice of deciding court cases by referring to earlier decisions is known as:
statutory decisions
E pluribus unum
Curia Regis
lex mercatoria
none of the other choices
ANSWER: e
231.A major advantages of the use of precedent in law for businesses is that they will:
be able to get judges to resolve cases in favor of large businesses
be able to avoid harsh punishments from the use of ineffective attorneys
be unable to plan for future contingencies
be unable to enforce contracts
have reasonable expectations about the enforcement of agreements
ANSWER: e
232.One of the major advantages of dispute resolution through the common law is:
strict adherence to prior decisions, so that the law does not change
its ability to change with the times
the Congress can pass laws in accordance with the wishes of the voters
a state constitution specifies how laws are passed
none of the other choices are correct
ANSWER: b
233.One of the major advantages of dispute resolution through the common law is:
strict adherence to prior decisions, so that the law does not change
that plaintiffs incur no court costs when they win cases
the Congress can pass laws in accordance with the wishes of the voters
a state constitution specifies how laws are passed
none of the other choices are correct
ANSWER: e
234.The value of precedence in legal decisions under the common law is:
consistence in the legal system enhances the ability of persons and business to plan
parties will be confident that the rule will apply to future disputes that may arise
it helps to neutralize the prejudices of individual judges
the other three specific choices are correct
none of the other specific choices are correct
ANSWER: d
235.Stare decisis creates a more just legal system by:
neutralizing the prejudices of individual judges
preventing judges from being appointed for life
neutralizing the prejudices of individuals in a jury
all of the other specific choices are correct
none of the other specific choices are correct
ANSWER: a
236.In addition to judge-made common law, "law" includes:
state constitutions
statutes
the federal constitution
administrative regulations
all of the other choices are possible
ANSWER: e
237.In addition to judge-made common law, "law" includes:
state constitutions
statutes
administrative regulations
amendments to the Constitution
all of the other choices can be correct
ANSWER: e
238.In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to others. In reviewing such a case, the Washington state high court held that:
state statute prevented the court from changing the rule
common law rules cannot be changed, so it could not amend the rule
common law rules cannot be changed without U.S. Supreme Court approval
the rule had a good rationale behind it, so it would be maintained
none of the other choices are correct
ANSWER: e
239.In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to others. In reviewing such a case, the Washington state high court held that:
state statute prevented the court from changing the rule
common law rules cannot be changed, so it could not amend the rule
common law rules cannot be changed without U.S. Supreme Court approval
the rule had a good rationale behind it, so it would be maintained
the rule was not sensible in modern times and would be changed
ANSWER: e
240.In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to others. In reviewing such a case, the Washington state high court held that the rule was not sensible in modern times and would be dropped. This is an example of how:
modern day values are changing
common law can adapt to changing circumstances
common law never changes
courts can never go against a precedent set in previous cases
none of the other choices
ANSWER: b
241.In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to others. In reviewing such a case, the Washington state high court held that the rule was no longer sensible in modern times because:
contractors no longer sign liability release forms
contractors are no longer considered trustworthy people compared to in earlier years
construction has become complex so landowners cannot be expected to recognize substandard performance
contractors no longer work directly with landowners
contractors will do substandard work if they are not held accountable even after a project is completed
ANSWER: c
242.Executive orders are issued by:
Congress
the Supreme Court
the President
the heads of administrative agencies
none of the other choices are correct
ANSWER: c
243.Executive orders are issued by:
Congress
the Supreme Court
the Senate only
the other three specific choices can be correct
none of the three specific choices are correct
ANSWER: e
244.In addition to the legislature, the president or governor of a state is:
a source of law
a source of funding
a source of judicial decisions
a source of moral codes
a source of compensation for injury
ANSWER: a
245.In addition to the legislature, the president or governor of a state is:
a source of compensation for injury
a source of funding
a source of judicial decisions
a source of moral codes
none of the other choices
ANSWER: e
246.Executive orders:
require businesses to pay taxes
require government officials to resign
require private citizens to do certain things
require agencies to do certain things
none of the other choices
ANSWER: d
247.An order from the governor of a state to give preference to buying recycled products is an example of an:
primary order
executive order
environmental order
health order
ethical order
ANSWER: b
248.An order from the governor of a state to give preference to buying recycled products is an example of an:
primary order
ethical order
environmental order
health order
none of the other choices is correct
ANSWER: e
249.When operating in the international arena, American businesses must take into account:
U.S. federal laws
the laws of all countries in which they have operations
international treaties and trade agreements that may apply
the rules of the World Trade Organization
all of the other choices
ANSWER: e
250.When operating in global business, American firms must take into account:
U.S. federal laws
the laws of all countries in which they have operations
international treaties and trade agreements that may apply
laws in U.S. states
all of the other choices can be correct
ANSWER: e
251.American firms doing business in other countries:
are not subject to any laws other than those of the United States
are subject to the laws of the country in which it does business
are only subject to the laws of the United States, unless the other country specifically says otherwise
are subject to international laws, but not the laws of the country in which they operate
none of the other choices
ANSWER: b
252.Article II, Section 2 of the U.S. Constitution:
requires unanimous approval by the House of Representatives
requires approval by the entire Senate before a treaty, or international agreement, agreed to by the president become binding on the U.S.
requires approval by two thirds of the Senate before a treaty, or international agreement, agreed to by the president become binding on the U.S.
requires approval by one third of the Senate before a treaty, or international agreement, agreed to by the president become binding on the U.S.
none of the other choices is correct
ANSWER: c
253.Article II, Section 2 of the U.S. Constitution:
requires unanimous approval by the House of Representatives
requires approval by the entire Senate before a treaty, or international agreement, agreed to by the president become binding on the U.S.
requires approval by two fifths of the Senate before a treaty, or international agreement, agreed to by the president become binding on the U.S.
requires approval by one third of the Senate before a treaty, or international agreement, agreed to by the president become binding on the U.S.
none of the other choices is correct
ANSWER: e
254.According to of the U.S. Constitution, two thirds of the Senate must approve any treaty the president agrees to before it becomes binding on the United States.
Article II, Section 2
Article III, Section 2
Article IV, Section 2
Article II, Section 3
Article II, Section 1
ANSWER: a
255.Law may be classified on the basis of whether it is:
public or private
civil or criminal
procedural or substantive
all of the three specific combinations can be correct
none of the three specific combinations are correct
ANSWER: d
256.Law may be classified on the basis of whether it is:
environmental or industrial
civil or criminal
written or unwritten
all of the three specific combinations can be correct
none of the three specific combinations are correct
ANSWER: b
257.Law may be classified on the basis of whether it is:
legal or illegal
common or unique
written or unwritten
all of the three specific combinations can be correct
none of the three specific combinations are correct
ANSWER: e
258.Private law generally includes:
the common law
the procedural process of courts
federal rules governing health and safety
criminal statutes
none of the other choices are correct
ANSWER: a
259.Contrasted with private law, an example of public law is:
real property law
contract law
tort law
agency law
none of the other choices are correct
ANSWER: e
260.Contrasted with private law, a good example of public law is:
agency law
securities regulation
torts
contract law
none of the other choices are correct
ANSWER: b
261.Contrasted with private law, an example of public law is:
agency law
labor law
torts
contract law
none of the other choices are correct
ANSWER: b
262.Contrasted with private law, an example of public law is:
agency law
antitrust law
torts
contract law
none of the other choices are correct
ANSWER: b
263.Contrasted with public law, an example of private law is:
administrative law
securities regulation
contract law
environmental law
all of the other choices are private law
ANSWER: c
264.Contrasted with public law, an example of private law is:
administrative law
securities regulation
real property law
environmental law
all of the other choices are private law
ANSWER: c
265.Contrasted with public law, an example of private law is:
administrative law
securities regulation
tort law
environmental law
all of the other choices are private law
ANSWER: c
266.Contrasted with public law, an example of private law is:
agency law
contract law
real property law
tort law
all of the other choices are private law
ANSWER: e
267.Public law:
concerns crimes that occur in public places
concerns the general well-being of the public
concerns only private citizens
concerns the legal relationship between members of society and the government
none of the other choices
ANSWER: d
is the law that concerns the legal relationship between members of society and the government.
public law
private law
ethical law
tort law
corporation law
ANSWER: a
is the law that concerns the legal relationship between members of society and the government.
corporation law
private law
ethical law
tort law
none of the other choices
ANSWER: e
270.Private law:
does not involve courts
sets forth rules governing the legal relationships among members of society
applies only to individual states
is criminal law
applies only to businesses within the United States
ANSWER: b
271.Private law:
does not involve courts
provides a check on Congress's power
applies only to individual states
is criminal law
none of the other choices
ANSWER: e
272.Private law is:
primarily common law and is enforced mostly through the state court system
primarily federal law and is enforced mostly through the federal court system
primarily federal law and is enforced mostly through the Supreme Court
primarily common law and is enforced mostly through the Supreme Court
primarily common law and is enforced by the executive branch
ANSWER: a
sets forth rules governing the legal relationships among members of society and is enforced mostly through the state court systems.
criminal law
bankruptcy law
environmental law
public law
private law
ANSWER: e
sets forth rules governing the legal relationships among members of society and is enforced mostly through the state court systems.
criminal law
bankruptcy law
environmental law
public law
none of the other choices
ANSWER: e
275.Which of the following concerns legal wrongs committed against the government:
tort law
procedural law
ethical law
private law
criminal law
ANSWER: e
276.Which of the following concerns legal wrongs committed against the government:
tort law
procedural law
ethical law
private law
none of the other choices are correct
ANSWER: e
277.Criminal law:
concerns legal wrongs or crimes committed against the state
concerns legal wrongs or crimes committed against businesses
concerns the environment
concerns sales
concerns contracts
ANSWER: a
278.The objective of criminal law is to:
provide restitution for the victim of the crime
punish the wrongdoer for wrongs against the government
require the wrongdoer to pay money damages to the injured party
the three specific choices are correct
none of the three specific choices are correct
ANSWER: b
279.The objective of criminal law is to:
provide restitution for the victim of the crime
strongly enforce ethical norms of social behavior
require the wrongdoer to pay money damages to the injured party
let judges make new precedent
none of the other choices are very good answers
ANSWER: e
280.For a person to be found guilty under a criminal statute, the jury must find the evidence presented demonstrates:
beyond all doubt that the person committed the crime
by a preponderance of the evidence that the person committed the crime
beyond a reasonable doubt that the person committed the crime
more than a modicum of doubt exists that the person committed the crime
none of the other standards apply in a criminal case
ANSWER: c
281.For a person to be found guilty under a criminal statute, the jury must find the evidence presented demonstrates:
beyond all doubt that the person committed the crime
by a preponderance of the evidence that the person committed the crime
more than a modicum of doubt exists that the person committed the crime
res ipsa loquitur by the defendant
none of the other choices are correct
ANSWER: e
282.A misdemeanor is:
a more serious offense than a felony
a less serious offense than a felony
equivalent to a felony
a violation of private law
none of the other choices
ANSWER: b
283.A misdemeanor is:
a more serious offense than a felony
a violation of contract law
equivalent to a felony
a violation of private law
none of the other choices
ANSWER: e
284.A criminal offense that is less serious than a felony is a:
misdemeanor
tort
defamation
medical malpractice
breach of contract
ANSWER: a
285.If a criminal offense is punishable by imprisonment for more than a year, it is probably a:
tort
defamation
felony
misdemeanor
breach of contract
ANSWER: c
286.If a criminal offense is punishable by a fine and/or imprisonment for less than a year, it is probably a:
felony
tort
breach of contract
misdemeanor
defamation
ANSWER: d
287.The non-criminal law concerning the rights and duties that exist among individuals to each other, or to the state, is:
administrative law
procedural law
constitutional law
civil law
felony law
ANSWER: d
288.The non-criminal law concerning the rights and duties that exist among individuals to each other, or to the state, is:
administrative law
procedural law
constitutional law
felony law
none of the other choices are correct
ANSWER: e
289.Civil law is:
non-criminal law concerning the rights and duties that exist among individuals to each other, or to the state
criminal law concerning the rights and duties that exist among individuals to each other, or to the state
criminal law concerning felonies
criminal law concerning misdemeanors
none of the other choices
ANSWER: a
290.Invasion of privacy, defamation, and trespass are examples of civil law under the category of:
contract law
tort law
felony offenses
misdemeanor offenses
none of the other choices are correct
ANSWER: b
291.Which of the following is an example of a criminal felony?
homicide
fiduciary duty
invasion of privacy
intentional breach of contract
trespass
ANSWER: a
292.Which of the following is usually a criminal felony?
trespass
fiduciary duty
invasion of privacy
intentional breach of contract
none of the other choices are correct
ANSWER: e
293.Less serious crimes, punishable by fine or imprisonment for less than a year, are generally classified as:
torts
misdemeanors
fraud
negligence
procedural violations
ANSWER: b
294.Less serious crimes, punishable by fine or imprisonment for less than a year, are generally classified as:
torts
fraud
negligence
procedural violations
none of the other choices are correct
ANSWER: e
295.If someone is sued in a civil suit, such as in tort for hitting someone on the head with a stick, to find the wrongdoer liable, the jury must find that the injured party was favored by:
evidence beyond a reasonable doubt
substantive evidence
the preponderance of the evidence
civil evidence
none of the other choices are correct
ANSWER: c
296.If someone is sued in a civil suit, such as in tort for hitting someone on the head with a stick, to find the wrongdoer liable, the jury must find that the injured party was favored by:
evidence beyond a reasonable doubt
substantive evidence
felony evidence
judicial doubt
none of the other choices are correct
ANSWER: e
297.Which of the following characteristics differentiates a civil law system from common law:
civil law systems are inquisitorial rather than adversarial
civil law is code-based rather than case-based
civil law is influenced more by academic experts than by practicing lawyers
all of the other specific choices are correct
none of the other specific choices are correct
ANSWER: d
298.Civil law originated in:
the Roman Empire
the Ottoman Empire
ancient China
Portugal
Britain
ANSWER: a
299.The Napoleonic Codes were early examples of:
tort law
contract law
civil law
criminal law
common law
ANSWER: c
300.Under a civil law system, judges can:
only rule on matters lawyers bring them
initiate proceedings on their own
only rule on cases involving businesses
only rule on tort cases
none of the other choices
ANSWER: b
301.Laws that define and establish legal rights and regulate behavior are referred to as:
procedural laws
moral laws
substantive laws
stare decisis
none of the other choices are correct
ANSWER: c
302.Laws that define and establish legal rights and regulate behavior are referred to as:
procedural laws
moral laws
judicial ethics
stare decisis
none of the other choices are correct
ANSWER: e
303.How substantive law is enforced through the courts is determined by:
criminal law
civil law
procedural law
public law
private law
ANSWER: c
304.Procedural law specifies:
how a lawsuit should begin
what legal documents need to be filed in a lawsuit
which court may hear a case
how trials proceed
all of the other choices are part of that
ANSWER: e
305.Procedural, as opposed to substantive, law generally includes all of the following except for:
court orders
securities regulation
rules of evidence
administrative procedure
all of the other choices are procedural law
ANSWER: b
306.Procedural, as opposed to substantive, law generally includes all of the following except for:
court orders
contract law
rules of evidence
administrative procedure
all of the other choices are procedural law
ANSWER: b
307.Substantive, as opposed to procedural, law includes:
antitrust law
administrative procedure
civil procedure
criminal procedure
none of the other choices are correct
ANSWER: a
308.Substantive, as opposed to procedural, law includes:
contract law
administrative procedure
civil procedure
criminal procedure
all of the other choices are correct
ANSWER: a
309.Surveys suggest that, over the past years:
business leaders have become more ethical
workers at for-profit firms have become more ethical
workers at not-for-profit firms have become more ethical
public confidence in the ethical standards of business leaders has fallen
public confidence in the ethical standards of politicians has risen
ANSWER: d
310.Ethics, in the context of business practitioners:
has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization
has to do with only rules governing interactions with other corporations
has to do with federal regulations about racial discrimination
all of the other specific choices
none of the other specific choices
ANSWER: a
311.Integrity means:
thinking things through before making decisions
not living by a moral code, but maintaining a certain standard of ethics
living by a moral code and standards of ethics
all of the other specific choices
none of the other specific choices
ANSWER: c
312.Morality concerns:
conformity to the rules of the common law
conformity to rules of correct conduct within the context of a society, religion, or other institution
living in accordance with the law
living an ascetic lifestyle
conformity to the rules of civil law
ANSWER: b
313.Generally accepted rules of correct conduct within the standards of a society are:
etiquette
ethics
morals
manners
all of the other choices are correct
ANSWER: c
314.Morals refer to:
correct rules of conduct within the standards of a society
abstract theoretical concepts in the study of ethics
the rule of law
etiquette
none of the other choices are correct
ANSWER: a
315.The law is ethics, integrity and morality.
is always in opposition of
synonymous with
integrated into
distinct from
closely related to
ANSWER: d
316.Bribes are:
illegal
unethical
sometimes used to obtain business contracts from government officials
all of the other specific choices
none of the other specific choices
ANSWER: d
317.In response to declining public image and to internal problems, most corporations now have:
written codes of ethics
occasional discussions about ethical dilemmas
intensive multi-week training about ethics
more in-house security guards
none of the other choices are used
ANSWER: a
318.To help create an improved internal ethical environment many companies now use:
administrative law judges
off-duty police
corporate compliance programs
commercial codes
litigation specialists
ANSWER: c
319.Some companies have employees take ethics classes online, rather than attend a classroom lesson. What has been the biggest drawback to online classes:
testing knowledge is difficult
the evidence is that people do not pay much attention
it cannot be used to cover legal issues
failure of eye contact
none of the other choices are big drawbacks
ANSWER: e
320.Some companies have employees take ethics classes online, rather than attend a classroom lesson. One of the advantages to online classes is:
employees who cannot hear well can still do online classes
employees prefer to be online
employees must be more attentive than when grouped in a large auditorium
employees retain information better when it is presented on a computer
employees are statistically less likely to violate ethics if they take an online course
ANSWER: c
321.Pressures to improve the ethical "climate" of a company come from:
other managers, as businesses become less hierarchical
boards of directors
federal statutes
customers
all of the other choices can be correct
ANSWER: e
322.Which one contributed to the push for changes in corporate culture to include codes of ethics:
changes in management structure (less hierarchical)
the U.S. Sentencing Guidelines
boards of directors
all of the other choices play that role
pressure from the public
ANSWER: d
323.With respect to the relation between morality and legality:
legality does not always imply morality
illegality defines immorality
legality defines morality
none of the three specific choices are correct
the three specific choices are all correct
ANSWER: a
324.Corporate social responsibility, as written about by Peter Drucker, is defined as:
"the ethics of social responsibility"
"the ethics of moral responsibility"
"the ethics of ethical responsibility"
"the ethics of human responsibility"
"the ethics of economic responsibility"
ANSWER: a
325.In his writings about "the ethics of social responsibility" Peter Drucker asserts that the first responsibility of a business leader is:
to ensure that the company upholds its ethical standards
to ensure that there is no racial discrimination
to ensure that everyone gets an equal share of the profits
to ensure that the corporate mission is fulfilled
none of the other choices
ANSWER: d
326.In Lamson v. Crater Lake Motors, in which a car sales employee who felt that the sales tactics of the company were unethical and was fired after he refused to cooperate sued the company for wrongful discharge, the appeals court found that:
Lamson had no case because his actions were not an important public duty
Lamson had no case because his actions were illegal
Lamson had no case because Crater Lake Motors was participating in illegal transactions, but Lamson was not aware of them
Lamson had no case because Crater Lake Motors had no history of racial discrimination
Lamson had no case because he had a history of making false claims against the company
ANSWER: a
327.In Lamson v. Crater Lake Motors, in which a car sales employee who felt that the sales tactics of the company were unethical and was fired after he refused to cooperate sued the company for wrongful discharge, the appeals court found that Lamson had no case because:
he was not explicitly or implicitly directed to participate in any unlawful activity
his actions were not an important public duty
the defendant took no action concerning the plaintiff that amounted to a tort under the applicable law
all of the other specific choices
none of the other specific choices
ANSWER: d
