1.Federico is in a financial dispute. He is trying to collect money for a project he completed, but the debtor does not want to pay the money owed to Federico. Which court that would most likely address this situation?
- U.S. Bankruptcy Court
- State Small Claims Court
- U.S. Tax Court
2.Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Alison: (She stands during David’s speech as if inspired but sits down once Bob starts talking.)
Bob: Right. Power to the people David. Anyone else hungry? (He tries to slowly move to the donuts and Joyce continues to defend them like a point guard.)
Lee: I have an idea that might address all of these issues. What if none of us have any of these donuts but instead we break up into teams and sell them to our coworkers for a profit? Instead of getting one or two donuts, we can stop on our way home and pick up a dozen of them each with our profits. In this case, we ignore the company stick-in-the-mud book regulations because, as you can see, we are obviously presented with some opportunities for a little economic development. Corporate rules here must bow to economic opportunity. If we let our rules block our prosperity, what kind of company will we become?
End Part 7
- Command school of thought.
- Sociological school of thought.
- Law and economics school of thought.
- Legal realism school of thought.
3.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 will help defend them? Select the most relevant answer for this situation.
- Equal Protection Laws
- Procedural Due Process
- Substantive Due Process
- First Amendment
4.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?
(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 is unenthusiast. 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.
- Natural law school of thought.
- Critical legal studies school of thought.
- Historical perspective school of thought.
- Irrational forces perspective.
5.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?
- A court can judge in Sage favor because Isabel is not bargaining in good faith.
- A court will not open a case or post a judgment until Isabel chooses to respond.
- A court can judge in Sage’s favor because Isabel seems to be constructively admitting to Sage’s allegations.
- A court will judge in Isabel’s favor if it knows she thinks the charges are ridiculous.
- 6.The federal government passes a law which targets one specific company even though it does not operate any differently from other local companies. Which law or principle of law is not being properly upheld?
Procedural Due Process
First Amendment
- Substantive Due Process
- 7. 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?
- If the plaintiff meets a “clear and convincing” burden of proof, Casey will be found guilty.
- Casey need not worry about the plaintiff’s evidence, since parties tend to boast about the level of proof they can establish anyway.
- If the plaintiff provides proof only up to the level of “clear and convincing,” Casey can still be acquitted.
- The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.
- Bookmark question for laterDevon is accused of robbing a jewelry store and is summarily thrown in jail. Which law or principle of law will help Devon in this situation?
- First Amendment
- Procedural Due Process
- Equal Protection Laws
- Substantive Due Process
- Bookmark question for laterA new law is established in the town of Avery that promotes affirmative action employment for transgender and homosexual individuals. This law would be in pursuance of the tenets of the __________ school of jurisprudential thought.
- Command
- Law and Economics
- Legal Realism
- Irrational Forces
- Sociological
- Bookmark question for laterAdelyn 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?
- U.S. Bankruptcy Court
- State Small Claims Court
- U.S. Tax Court
- Bookmark question for laterThe 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.
- Sociological
- Law and Economics
- Irrational Forces
- Legal Realism
- Command
- Bookmark question for laterWhich 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 just made right after Winfred face-planted in the donuts when he slipped trying to get past Alison. They don’t apply here and now. There wouldn’t even be donut rules if he’d paid attention to his own big feet.
End Part 3
- Irrational forces perspective.
- Critical legal studies school of thought.
- Historical perspective school of thought.
- Natural law school of thought.
- Bookmark question for laterWhich of the following situations would most likely receive a change of venue?
- A local teacher is taken to court after a video of him beating his students goes viral and is viewed by most people in town..
- 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.
- 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.
- A woman wants a change of venue when it appears that all jurors to the case will be male.
- Bookmark question for laterA 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?
- Irrational Forces
- Legal Realism
- Historical
- Natural Law
- Sociological
- Bookmark question for laterDixonville 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.
- Irrational Forces
- Legal Realism
- Natural Law
- Historical
- Sociological
- Bookmark question for laterAfter 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?
- Natural Law
- Irrational Forces
- Sociological
- Legal Realism
- Historical
- Bookmark question for laterWhich 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 and what we’ve done in the past 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 they think need it.
End Part 5
- Critical legal studies school of thought.
- Sociological school of thought.
- Irrational forces perspective.
- Legal realism school of thought.
- Bookmark question for laterThe federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Under the strict scrutiny test, which of the following statements is true?
- JuneCorp can contest the legality of the law if all three scrutiny tests determine that the law is necessary.
- JuneCorp cannot contest the law because the government makes the laws and therefore has the final say.
- JuneCorp cannot contest the legality of the law if only its finances are harmed.
- JuneCorp can contest the legality of the law if the law doesn’t serve a state interest.
- Bookmark question for laterSally 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?
- Negotiation
- Legally-binding arbitration
- Legally-binding mediation
- Non-binding arbitration
- Bookmark question for laterAnnie 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?
- Annie can be required via subpoena to provide the information she has.
- Annie can refuse any and all attempts by a court to involve her in the dispute.
- Annie is required by Good Samaritan laws to put forth any information she has relevant to the case.
- Annie cannot provide any information since her position as a manager precludes her ability to be unbiased.
- Bookmark question for laterWhich jurisprudential school of thought relies the most upon precedent in establishing law?
- Historical
- Natural Law
- Irrational Forces
- Legal Realism
- Sociological
- Bookmark question for laterClaudia 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 opinion. Which law or principle of law which is most relevant to this situation?
- Procedural Due Process
- Equal Protection Laws
- Substantive Due Process
- First Amendment
- Bookmark question for laterAn 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?
- The appellate court is not interested in the case.
- The appellate court wants the lower court to handle the case, since it is a civil rather than criminal case.
- The appellate court wants to see more evidence before it can make an informed decision.
- The appellate court found a mistake of law that occurred during the initial trial.
- Bookmark question for laterWhich 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 overcomplicate this. Where’s the chocolate milk?
End Part 2
- Historical perspective school of thought.
- Critical legal studies school of thought.
- Irrational forces perspective.
- Natural law school of thought.
- Bookmark question for laterClara 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?
- Jurisdiction falls in David’s state of residence, since he is the one being summoned to court.
- Jurisdiction depends solely on where the property – the focus of the dispute – is located.
- Jurisdiction falls in Clara’s state of residence, since she is the plaintiff.
- 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.
- Bookmark question for laterWhich 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
- Command school of thought.
- Legal realism school of thought.
- Sociological school of thought.
- Law and economics school of thought.
- Bookmark question for laterWhich of the following situations would not substantiate proper standing to sue?
- Aniesha wants to sue her neighbor Robert after she witnessed him steal someone else’s car.
- TreesForDays, an environmental activist group, wants to sue a company dumping chemicals into a river in a different state.
- Tyler wants to sue Kevin after Kevin harms Tyler’s sister in a car crash which leaves her sister in a coma.
- Calvin wants to sue his sister after finding out she has been taking cash from the cash register at the family business.
- Bookmark question for laterLula 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?
- Social Justice Theory
- Kantianism
- Virtue Ethics
- Utilitarianism
- Bookmark question for laterDetermine 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 the factory would potentially have, Meg’s company promised 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 might cause.
- Corporate Citizenship Moral Standard
- Indeterminable
- Profit-Maximizing Moral Standard
- Stakeholder Theory Moral Standard
- Moral Minimum Standard
- Bookmark question for laterAnthony 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?
- Utilitarianism
- Social Justice Theory
- Virtue Ethics
- Kantianism
- Bookmark question for laterRadcliffe 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?
- Radcliffe no longer meets the qualifications to teach.
- Radcliffe may not be restricted from teaching if his university has no rule concerning the need for a master’s degree.
- Radcliffe may still teach as long as he only teaches in the U.S.
- The treaty is only enforceable if it doesn’t conflict with state law in Radcliffe’s state.
- Bookmark question for laterDetermine 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.
- Corporate Citizenship Moral Standard
- Stakeholder Theory Moral Standard
- Moral Minimum Standard
- Profit-Maximizing Moral Standard
- Indeterminable
- Bookmark question for laterMoira is ashamed to discover that her son stole an apple from the cafeteria and gave it to another student who had no lunch. She grounds him from watching TV as punishment. Which philosophy of ethics is applies here?
- Virtue Ethics
- Utilitarianism
- Kantianism
- Social Justice Theory
- Bookmark question for laterDetermine which moral standard of social responsibility the business is observing.
Earl’s company wants to change the material it uses for its products to a cheaper, less-durable material. Processing the material causes more waste and the final products will not be as safe for customers, but the company will make more money overall.
- Stakeholder Theory Moral Standard
- Corporate Citizenship Moral Standard
- Profit-Maximizing Moral Standard
- Indeterminable
- Moral Minimum Standard
- Bookmark question for laterNation 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:
- Comity of Nations
- Sovereign Immunity
- Act of State Doctrine
- Bookmark question for laterNoraCorp 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, which would decrease nearby 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 higher-quality products to customers for lower cost, positively impacting customers.
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?
- NoraCorp has exceeded its moral minimum requirements, meeting a “corporate citizenship” level of social responsibility.
- NoraCorp has met its moral minimum requirements.
- NoraCorp has not met its moral minimum requirements.
- Bookmark question for laterFinley wants to make as many people happy as possible. He steals from a greedy CEO in order to give money to a large number of poor people. Which philosophy of ethics is applicable?
- Utilitarianism
- Virtue Ethics
- Kantianism
- Social Justice Theory
- Bookmark question for laterCountry A and Country B have had an informal trading arrangement for many years wherein merchants on the border of the countries may freely trade goods without the restriction of fees. Which of the following is true?
- Country A and Country B have a binding agreement to this arrangement under customary international law.
- The government of Country A may not arbitrarily begin to charge fees for items brought in from Country B.
- Country A and Country B have no binding agreement under customary international law.
- More than one response is correct.
- Bookmark question for laterNation 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?
- Comity of Nations
- Sovereign Immunity
- Act of State Doctrine
- Bookmark question for laterDetermine 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.
- Moral Minimum Standard
- Stakeholder Theory Moral Standard
- Corporate Citizenship Moral Standard
- Profit-Maximizing Moral Standard
- Indeterminable
