MidTerm Flashcards

1
Q

Law

A

The rules of conduct in any organized society that are enforced by the governing authority of the community

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2
Q

U.S. Constitution

A

The supreme law of the land: the foundation for all laws in the US. It is the primary authority when we are trying to identify the relationship between organizations and government

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3
Q

Statutes

A

The assortment of rules and regulations put forth by legislatures

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4
Q

Uniform Laws

A

Laws created to account for the variability of laws among states. These laws serve to standardize the otherwise difference state laws

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5
Q

Case law

A

The collection of legal interpretations made by judges. An alternative name is common law

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6
Q

True/False: A treaty is a binding agreement between two states or international organizations. Examples of treaties include NAFTA and the GATT

A

True

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7
Q

True/False: The term natural law refers to the idea that there are certain ethical laws and principles that are morally right and “above” the laws devised by humans

A

True

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8
Q

True/False: Cost-benefit analysis is a school of jurisprudence that holds that context must be considered as well as law. Context includes factors such as economic conditions and social conditions

A

True

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9
Q

True/False: Criminal law is a classification of law involving the rights and responsibilities and individual has with respect to the public as a whole

A

True

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10
Q

True/False: The most important example of a model law is the Uniform Commercial Code (UCC)

A

True

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11
Q

Stare decisis

A

Is a latin phrase that means “standing by the decision.” It is a principle stating that ruling made in higher courts are binding precedents for lower courts

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12
Q

True/False: Compliance with the law is a necessary, but not a sufficient component, in an ethical analysis

A

True

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13
Q

True/False: The owners of a company are stakeholders of the company

A

True

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14
Q

True/False: Future generations are relevant stakeholders of a business firm

A

True

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15
Q

True/False: An ethical dilemma is a question about how a person should behave; it requires to reflect on the advantages and disadvantages of the choices for various stakeholders

A

True

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16
Q

True/False: The “WH” in business ethics approach considers: whom would d this decision and how should the decision be made

A

True

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17
Q

True/False: The public disclosure test requires that the businessperson consider how he or she would feel if his or her actions were broadcast on television or other media, for everyone to see - including the stakeholders

18
Q

True/False: The Sarbanes-Oxley Act is an act intended to promote high ethical standards among business managers and employees through a series of stringent requirements and controls

19
Q

True/False: Stakeholders of a firm are the various groups affected by the firm’s decisions

20
Q

The universalization test is the ethical guideline that urges the businessperson to consider, before he or she acts, what the world (and the stakeholders) would be like if everyone acted in this way

21
Q

True/False: The employees of a company are stakeholders of the company

22
Q

True/False: Standing is the legal right of a party of an individual to bring a lawsuit by demonstrating to the court sufficient connection to and harm from the law or action challenged

23
Q

True/False: The Supreme Court of the Untied States has nine Justices

23
Q

True/False: Summons [for federal court] (or Citation [for Texas state court]) is a legal document issued by a court and addressed to a defendant that notifies him or her of the lawsuit and how and when to respond

24
Venue is the place where a hearing takes place. Its geographic location is determined by each state's statutes and based on where the parties live or where the event occurred or the alleged wrong committed
true
25
True/False: Alternative Dispute Resolution (ADR) is the resolution of legal problems through methods other than litigation
true
26
True/False: Voir Dire is the process of questioning potential jurors to ensure that the jury will be made up of unbiased individuals
true
27
True/False: If the Defendant makes no response to a lawsuit, the court may enter a Default Judgement against the Defendant and in favor of the Plaintiff.
true
27
True/False: An appellate court is a higher court, usually consisting of three judges, that reviews the decision and results of a lower court when a losing party rules an appeal
true
28
True/False: To have Federal Jurisdiction over a case, purposes, two conditions must be met: 1. The Plaintiff and Defendant must reside in the same state 2. The amount in controversy must not exceed $75,000.00
False
29
True/False: The US has three parallel systems: the State System, the Federal System, and the International System
true
30
True/False: The concept of "Case or Controversy" is that there must be an issue before the Court that a judicial system is capable of resolving
True
31
True/False: In order for a Court to render a decision in a particular type of case, the Court must have Subject Matter jurisdiction
true
32
True/False: A citation is a legal document issued by a Texas State court and addressed to a defendant that notifies him or her of the lawsuit and how and when to respond
true
33
True/False: Arbitration is a process in which a neutral third-party resolves the dispute between the parties without the parties having to go to Court. The process most often involves lawyers
True
34
True/False: Discovery is the process where the Parties to a lawsuit exchange information about the lawsuit. A Request for the Production of Documents is one type of Discovery
True
35
True/False: In jury selection, the lawyers can challenge a potential juror "for cause" for example to determine if the potential juror has any bias or prejudices about the parties or the case
true
36
True/False: A trial Court is a court of "original Jurisdiction" meaning they have the power to hear and decide cases when they first enter the legal system
True
37
True/False: A state's "Long Arm Statute" is a statute that gives a Court jurisdiction over a Defendant that resides out of state
True
38
True/False: The United States Supreme Court is the final appellate Court in the Federal System
True