Midterm

Question 1

Global Distribution Corporation suggests that its employees apply the universalization principle of Kant’s philosophy to ethical issues that arise at work. This requires that the employee

Answer 1

weigh the consequences that would follow if everyone acted in the same way

Question 2

If Georgia enacts a statute that directly conflicts with a federal law

Answer 2

the federal law takes precedence

Question 3

The freedom from unreasonable searches and seizures guaranteed by the Fourth Amendment requires law enforcement to obtain a search warrant in most cases before searching a person’s home. The legal standard that law enforcement must meet in order to have a judge issue a warrant is

Answer 3

probable cause

Question 4

The Fifth Amendment includes protections from all of the following except

Answer 4

free expression

Question 5

Which ethics is premised on acting so as to do the greatest good for the greatest number of people?

Answer 5

duty-based ethics

Question 6

Procedural law is law that sets forth

Answer 6

the rules of how legal matters are handled in court

Question 7

Of the three branches of the federal government established by the constitution, the branch that makes the laws is

Answer 7

the legislative branch

Question 8

In Louisiana, the primary source of law is

Answer 8

The Louisiana Civil Code

Question 9

Jane, a professor at UGA, teaches modern American History. As part of a class assignment she handed out to her students copies of an excerpt from Doris Kearns Goodwin’s book, Team of Rivals. Regarding copyright law, Jane’s actions are likely ______ and involve _______.

Answer 9

lawful/the fair use doctrine

Question 10

To be eligible for a patent on the new multi-function tool she developed, Keisha must demonstrate among other things, that the invention is

Answer 10

novel, useful, and not obvious in light of current technology

Question 11

In 2011, Sara wrote Terror at the Track, a novel about racecar driving. Sara did not register the work with the appropriate government office. Under Federal Copyright Law, Sara’s work is protected

Answer 11

for the life of the author plus 70 years

Question 12

In Marbury vs. Madison, the US Supreme Court decided that

Answer 12

the courts have the power of judicial review

Question 13

Fifty shareholders of Microsoft file suit against the company. The suit is properly served on

Answer 13

Microsoft’s registered agent only

Question 14

After the suit against Microsoft has been served, to avoid a default judgement, Microsoft must

Answer 14

file an answer and affirmative defenses

Question 15

Clothes made by workers who are members of the Clothes Makers Union are sold with tags that identify this fact. This is

Answer 15

a collective mark

Question 16

Isabel invents a new type of light bulb and applies for a patent. If Isabel is granted a patent, the invention will be protected

Answer 16

for 20 years

Question 17

Melvin, a wholesale dairy products salesperson, follows Nadine, another wholesale dairy products salesperson, as Nadine contacts her customers. Melvin solicits each of Nadine’s customers for their business. Melvin is most likely liable for the tort of

Answer 17

wrongful interference with a business relationship

Question 18

Driving a car negligently, Rollo crashes into a phone pole. The pole falls, smashing through the roof of a house, killing Silky. If it had not been for Rollo’s negligence, Silky would not have died. Regarding the death, the crash is the

Answer 18

cause-in-fact

Question 19

Irma files a civil suit against Jim for damages. To succeed, Irma must prove her case

Answer 19

by a preponderance of the evidence

Question 20

Leona enters into a contract with Munchie Bakery to cater a sales conference. When the conference is postponed indefinitely, Leona asks for a court to cancel the contract. This request involves

Answer 20

rescission

Question 21

General Business, Inc (GBI) has its offices in Virginia, but owns property in Maryland, where Ann files a suit against GBI concerning the property. In this suit, Maryland has

Answer 21

in rem jurisdiction

Question 22

Superior Corporation engages in ethical behavior solely for the purposes of getting good publicity and thereby increasing profits. Superior is

Answer 22

not acting unethically

Question 23

Tom files a suit against the state of GA, claiming that a Georgia state law violates the commerce clause. The court will agree if the statute

Answer 23

imposes a substantial burden on or substantially affects interstate commerce

Question 24

The “establishment clause” of the Constitution

Answer 24

prohibits state-sponsored religion only; is the basis for the doctrine of separation of church and state only

Question 25

An arbitration award cannot be set aside by a court for which of the following reasons?

Answer 25

The arbitrator misapplied the law to the facts

Question 26

Which of the following are not examples of “discovery” that can be conducted prior to trial?

Answer 26

motions for summary judgement

Question 27

Jurisdiction

Answer 27

is the authority of a court to hear a case and must exist over a non-resident defendant in every case

Question 28

Regarding jurisdiction over defendants in cyberspace, which of the following is/are true?

Answer 28

courts assess the existence of “minimum contacts” on a sliding scale & courts usually will not have jurisdiction over a defendant if the defendant has engaged only in passive advertising over the Internet

Question 29

Omega, Inc., uses a trademark on its products that no one, including Omega, has registered with the government. Under Federal trademark law, Omega

Answer 29

can still register the mark for protection

Question 30

The graphics used in “Grave Raiders”, a computer game, are protected by

Answer 30

copyright law

Question 31

Nina is injured in a truck accident and sues Owen, alleging negligence. Owen claims that Nina was driving carelessly. Comparative negligence may reduce Nina’s recovery

Answer 31

even if Nina was only slightly at fault

Question 32

To protect its customers and other business invitees, Grocers Market must warn them of

Answer 32

hidden dangers

Question 33

Under the Federal Arbitration Act, courts will enforce arbitration agreements if all of the following are present except:

Answer 33

The arbitration agreement is notarized by a notary public

Question 34

A motion for summary judgement asks the court to dismiss a lawsuit because

Answer 34

there are no material facts in dispute and under the facts agreed upon by the parties, the plaintiff cannot prove his/her case

Question 35

A suit brought under the Title VII, the federal employment discrimination statute, is properly brought in federal court pursuant to

Answer 35

federal question jurisdiction

Question 36

The constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

Answer 36

each branch of the government has some power to limit the activities of the other branches

Question 37

The constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

Answer 37

each branch of the government has some power to limit the activities of the other branches

Question 38

The “Categorical Imperative” is a(n) ________ and is associated with the philosophy of _______.

Answer 38

moral command/Immanuel Kant

Question 39

Aristotle is associated with which of the following?

Answer 39

Natural Law and “Final Cause”

Question 40

In International Shoe Company vs. State of Washington, the United States Supreme Court held that

Answer 40

a state court can exercise jurisdiction over a non-resident defendant if the defendant has minimum contacts with the state

Question 41

The U.S. Fifth Circuit Court of Appeal includes:

Answer 41

Louisiana, Mississippi, Alabama.

Question 42

The State of GA is part of the U.S. _____ Circuit Court of Appeal

Answer 42

Eleventh

Question 43

Toni files a suit against Universal Media Corporation for the tort of defamation. Actual malice must be shown for recovery of damages if Toni is

Answer 43

a public figure

Question 44

Kelly is injured when she slips and falls on Lee’s sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of

Answer 44

a reasonable person

Question 45

Leo slips and falls in Mornin’ Breakfast Cafe and is injured. Leo files a suit against Mornin’ for $50,000. If Leo is awarded damages in the amount of $50,000 and is found to be 20 percent at fault in causing his own injuries and Mornin’ is found 80 percent at fault, under comparative negligence, Le would recover

Answer 45

$40,000

Question 46

For a court to have diversity jurisdiction, which of the following must be present?

Answer 46

The amount in controversy must exceed $75,000 and the plaintiff and defendant must be citizens of different states or from a state and a foreign nation

Question 47

Which of the following is not true?

Answer 47

The Supreme Court must hear all cases involving constitutional questions.

Question 48

The First Amendment protects all of the following forms of speech except

Answer 48

defamatory speech

Question 49

Tina, the president of United Sales, Inc., tries to ensure that United’s actions are legal and ethical. TO ensure this result, the best course for Tina and United to take is to act in

Answer 49

Good faith

Question 50

John and Tom have agreed to end their relationship but cannot agree on how to divide their assets or their kids. They decide to arbitrate their dispute. The advantages of arbitration over litigation usually include

Answer 50

lower cost than litigation, the speed with which a dispute can be resolved, compared to litigation, and informality of proceedings, compared to litigation

Question 51

Like most successful companies, Paychex, Inc., has trade secrets. The law protects those secrets if

Answer 51

the information is unique and has value to a competitor