Midterm Flashcards
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
weigh the consequences that would follow if everyone acted in the same way
If Georgia enacts a statute that directly conflicts with a federal law
the federal law takes precedence
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
probable cause
The Fifth Amendment includes protections from all of the following except
free expression
Which ethics is premised on acting so as to do the greatest good for the greatest number of people?
duty-based ethics
Procedural law is law that sets forth
the rules of how legal matters are handled in court
Of the three branches of the federal government established by the constitution, the branch that makes the laws is
the legislative branch
In Louisiana, the primary source of law is
The Louisiana Civil Code
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 _______.
lawful/the fair use doctrine
To be eligible for a patent on the new multi-function tool she developed, Keisha must demonstrate among other things, that the invention is
novel, useful, and not obvious in light of current technology
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
for the life of the author plus 70 years
In Marbury vs. Madison, the US Supreme Court decided that
the courts have the power of judicial review
Fifty shareholders of Microsoft file suit against the company. The suit is properly served on
Microsoft’s registered agent only
After the suit against Microsoft has been served, to avoid a default judgement, Microsoft must
file an answer and affirmative defenses
Clothes made by workers who are members of the Clothes Makers Union are sold with tags that identify this fact. This is
a collective mark
Isabel invents a new type of light bulb and applies for a patent. If Isabel is granted a patent, the invention will be protected
for 20 years
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
wrongful interference with a business relationship
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
cause-in-fact
Irma files a civil suit against Jim for damages. To succeed, Irma must prove her case
by a preponderance of the evidence
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
rescission
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
in rem jurisdiction
Superior Corporation engages in ethical behavior solely for the purposes of getting good publicity and thereby increasing profits. Superior is
not acting unethically
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
imposes a substantial burden on or substantially affects interstate commerce
The “establishment clause” of the Constitution
prohibits state-sponsored religion only; is the basis for the doctrine of separation of church and state only
An arbitration award cannot be set aside by a court for which of the following reasons?
The arbitrator misapplied the law to the facts
Which of the following are not examples of “discovery” that can be conducted prior to trial?
motions for summary judgement
Jurisdiction
is the authority of a court to hear a case and must exist over a non-resident defendant in every case
Regarding jurisdiction over defendants in cyberspace, which of the following is/are true?
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
Omega, Inc., uses a trademark on its products that no one, including Omega, has registered with the government. Under Federal trademark law, Omega
can still register the mark for protection
The graphics used in “Grave Raiders”, a computer game, are protected by
copyright law
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
even if Nina was only slightly at fault
To protect its customers and other business invitees, Grocers Market must warn them of
hidden dangers
Under the Federal Arbitration Act, courts will enforce arbitration agreements if all of the following are present except:
The arbitration agreement is notarized by a notary public
A motion for summary judgement asks the court to dismiss a lawsuit because
there are no material facts in dispute and under the facts agreed upon by the parties, the plaintiff cannot prove his/her case
A suit brought under the Title VII, the federal employment discrimination statute, is properly brought in federal court pursuant to
federal question jurisdiction
The constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that
each branch of the government has some power to limit the activities of the other branches
The constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that
each branch of the government has some power to limit the activities of the other branches
The “Categorical Imperative” is a(n) ________ and is associated with the philosophy of _______.
moral command/Immanuel Kant
Aristotle is associated with which of the following?
Natural Law and “Final Cause”
In International Shoe Company vs. State of Washington, the United States Supreme Court held that
a state court can exercise jurisdiction over a non-resident defendant if the defendant has minimum contacts with the state
The U.S. Fifth Circuit Court of Appeal includes:
Louisiana, Mississippi, Alabama.
The State of GA is part of the U.S. _____ Circuit Court of Appeal
Eleventh
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
a public figure
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
a reasonable person
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
$40,000
For a court to have diversity jurisdiction, which of the following must be present?
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
Which of the following is not true?
The Supreme Court must hear all cases involving constitutional questions.
The First Amendment protects all of the following forms of speech except
defamatory speech
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
Good faith
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
lower cost than litigation, the speed with which a dispute can be resolved, compared to litigation, and informality of proceedings, compared to litigation
Like most successful companies, Paychex, Inc., has trade secrets. The law protects those secrets if
the information is unique and has value to a competitor
