Midterm 1 Flashcards
A precedent is
a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles.
Ethics is important because laws may not always be easy to interpret or apply. This is because
laws represent the will of the people and that will is often changing.
Procedural due process focuses on the content of legislation.
False
Criminal statutes proscribe
wrongs committed against society for which society demands redress.
Duty-based ethical standards are most likely to derive from
philosophical reasoning.
When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.
True
Stare decisis is best defined as
a doctrine under which judges follow established precedents.
Questions of what is ethical involve the extent to which a company has
an ethical duty beyond those duties mandated by law.
Business ethics looks at whether business decisions
are right or wrong.
Negotiation requires the use of a neutral third party to facilitate a settlement.
False
The federal courts are an independent system of courts that is superior to the state courts.
False
Global businesses need to be conscious of the impact of different religious principles on ethics.
True
Generally, given the broad language of the Constitution, the line between state and national powers is often determined by
the courts.
An ethical code of conduct is not
law.
Jurisdiction refers to the right of a citizen to bring a case before a court.
False
Controlling precedents are binding authorities.
True
A federal form of government is one in which the national government shares sovereign power with
the states.
Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker.
False
Compliance with the law is not always sufficient to determine “right” behavior because
the law does not codify all ethical requirements.
If a company strictly complies with existing laws, the firm will
fulfill some business ethics obligations.
One party wants to file a suit against another. For a court to hear the case,
the court must have jurisdiction.
The dormant commerce clause comes into play when state regulations affect interstate commerce.
True
A constitution is a primary source of law.
True
The effect of the minimum-contacts standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers.
True
Civil law has to do with wrongs committed against society for which society demands redress.
False
reemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states.
True
The federal government has the power to regulate commercial activities among the states under
the commerce clause.
Under a state long-arm statute, a court can exercise jurisdiction over certain nonresident defendants.
True
The term checks and balances refers to the system under which
the powers of government are divided among its branches, each of which exercises a check on the actions of the others.
Because courts of law and equity have merged, the principles of equity are no longer applied.
False
It is the motive behind the intent—not the intent—that is important in tort law.
False
Posing as eBank, Frank e-mails Grace, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Frank promptly sells to Hector. This is
phishing.
Traditionally, the hundreds of thousands of acts defined as criminal in federal, state, and local laws have been grouped into broad categories, including
property crime.
The standard of reasonable care for a professional is the same as that of an ordinary person.
False
Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is
a felony.
Riley commits an act via e-mail against State Bank, a business in Texas, where the act is a cyber crime. Riley resides in Utah where the act is not a crime. The prosecution of Riley in Texas involves questions of
jurisdiction.
In a digital ad, Geo Treks, a retail sports equipment store, falsely accuses its competitor Headwaters of selling stolen kayaks and other gear. Headwaters’ sales decrease. Geo Treks has most likely committed
slander of title.
In a criminal case, the state must prove its case beyond a reasonable doubt.
True
To gain a share of a market, a businessperson can interfere in another’s business, even if the behavior is predatory.
False
A mistake of fact can often excuse criminal responsibility.
True
Publication of false information about another’s property is not a tort.
False
Trespass to land is committed if, without the permission of the property owner, a person
causes water to back up onto the property.
chiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro’s recovery
even if Ichiro was only slightly at fault.
Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate
the wrongfulness of her conduct.
Khan takes a rock from a pile of stones on Lamb’s property and throws it intending to hit Minh, but misses and hits Nasir instead. For the tort of battery, Nasir can sue
Khan.
Taking personal property from its owner, without permission or just cause, is trespass—retaining it is conversion.
True
Larceny involves force or fear, but robbery does not.
False
Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because she suspects it will be used to prosecute her. This is
the privilege against self-incrimination.
After a dinner at Rosario’s Diner, Sharon believes that she was overcharged and shoves Tom, the waiter, who is injured when he falls. Tom sues Sharon, alleging that the shove was a battery. Sharon is liable if
the shove was offensive.
Barb, a computer operator for Cloud Corporation, is arrested in her employer’s parking lot on suspicion of larceny. Barb must be informed of her right to
remain silent.
Sid offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Sid is charged with the crime of bribery. The crime occurred when
Sid offered the bribe.
A specified state of mind, or intent, is not necessary to establish criminal liability.
False
Len, a MedCo Supplies salesperson, follows Nan, a salesperson for Optima Health Products (a MedCo competitor) as she visits locations to make sales. Len solicits each of Nan’s customers. Len is most likely liable for
wrongful interference with a business relationship.
A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by
the Sixth Amendment.
A belief in the possibility that a person committed a crime is sufficient probable cause to support the issuance of an arrest warrant.
False
Ivy slips and falls on the deck of Jet’s Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the “50 percent” rule, if Ivy is more than 50 percent at fault, she will recover
nothing.
Warrants are required for searches of businesses in highly regulated industries.
False
Erol works for Food Packing Company. Erol’s supervisor Gwen writes a negative review of Erol’s performance. Gwen believes the statements are true, and limits their communication to the firm’s management. In a tort action for defamation, Gwen can most likely assert as a successful defense
privilege.
DIY, a retail hardware store, must use reasonable care on its premises to warn its invitees of
hidden dangers.
In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for
libel.