1.The law of which country provided the roots for U.S. law?
A) A. France
B) B. Germany
C) C. Canada
D) D. England
2.
The Occupational Safety and Health Administration promulgated a rule requiring guards for hand-fed circular crosscut table saws. The purpose of the guards is to keep employees clear of any danger zones. This rule is:
A) A. An executive order
B) B. A statute
C) C. Common law
D) D. Administrative law
3.
Common law refers to:
A) A. Law that is the same or similar in all the states
B) B. Law made when judges decide cases and then follow those decisions in later cases
C) C. Law made by legislatures in the form of statutes
D) D. The legal systems of France, Germany, and Italy
4.
Hasbro, Inc., the trademark owner of "Candy Land," sought a court injunction to stop Internet Entertainment Group, LTD from using the domain name, "candyland.com." Internet Entertainment Group had established a sexually explicit site at the domain name. An injunction can only be issued by:
A) A. A jury
B) B. A judge exercising equitable powers
C) C. An executive order
D) D. A subpoena
5.
The doctrine of stare decisis:
A) A. Makes the legal process more expensive
B) B. Is an equitable remedy
C) C. Makes the law more predictable
D) D. Is unimportant to the common law
6.
In 1992, the North Carolina Supreme Court ruled in a case entitled Goodman v. Wenco Foods, Inc., that when a substance in food causes injury to a consumer of the food, it is not a bar to recovery against the seller that the substance was natural to the food. If, in a 2004 case involving a consumerâ??s injury caused by a fish bone in a bowl of fish chowder, the court followed the decision in Goodman v. Wenco Foods, Inc., the court's action in the second case is an example of:
A) A. Stare decisis
B) B. Statutory law
C) C. Public law
D) D. Criminal law
7.
In 1998, the President of the United States and other world leaders signed an agreement on global warming called the Kyoto Protocol. Subsequently, the Senate was asked to ratify the agreement. The Kyoto Protocol is:
A) A. An executive order
B) B. A statute
C) C. An administrative law
D) D. A treaty
8.
Which of the following played a role in the creation of the U.S. government by solving the problem of federalism?
A) A. The Visigoths
B) B. The Iroquois Native Americans
C) C. Confucius
D) D. Alexis de Tocqueville
9.
Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities. The Securities Exchange Act of 1934 was passed a year later. This law created the Securities and Exchange Commission (SEC) as an independent regulatory entity whose function is to administer the two laws. The SEC has generated rules and regulations to administer these acts. These rules and regulations are:
A) A. Statutes
B) B. Administrative law
C) C. Executive orders
D) D. Common law
10.
Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying?
A) A. Legal Positivism
B) B. Natural Law
C) C. Legal Realism
D) D. Common Law
11.
In analyzing a situation to determine how to act ethically, a business manager should:
A) A. Gather background information by either talking firsthand with the people involved or by talking to those who gained information informally through the company "grapevine"
B) B. Narrowly focus on a single issue
C) C. Determine whether an alternative is "just"
D) D. All of the answers are correct
12.
Zeno, Inc. is considering relocating its manufacturing facility from Illinois to Mexico City. The stakeholders in this decision might include:
A) A. Zeno's shareholders
B) B. Customers
C) C. The Illinois community in which Zeno operates
D) D. All of the above
13.
Ethics is the study of:
A) A. Sovereign immunity
B) B. How people should act
C) C. Respondeat superior
D) D. Victimization
14.
Does ethical behavior maximize profitability?
A) A. Yes, there is concrete evidence that ethical behavior maximizes profitability
B) B. No, there is concrete evidence that unethical companies outperform ethical companies
C) C. There is no universal agreement on the answer to this question
D) D. There is strong evidence that ethical behavior pays financially in the long run, but not in the short run
15.
Why should ethics be a concern to business?
A) A. Society as a whole benefits from ethical behavior
B) B. People feel better when they behave ethically
C) C. Unethical behavior can be very costly
D) D. All of the above
16.
Which of the following are alternatives in dealing with issues of ethics in advertising?
A) A. Try, in a general way, to minimize racism, sexism, and other exploitation
B) B. Include, as part of the development process, a systematic, focused review of the underlying messages contained in advertisements
C) C. Refuse to create ads that are potentially demeaning, insensitive, or dangerous, recognizing that such a stand may lead to a loss of clients
D) D. All of the above are alternatives in dealing with issues of ethics in advertising
17.
Research has shown that the least important motivation for managers in behaving ethically is:
A) A. They want to feel good about themselves
B) B. They want to feel good about the decisions they make
C) C. They value their reputation
D) D. Profitability
18.
Why do many major corporations actively encourage ethical behavior?
A) A. Unethical behavior always damages a business
B) B. Unethical behavior can quickly destroy a business
C) C. Unethical acts are always illegal
D) D. All of the above are reasons that corporations actively encourage ethical behavior
19.
The observation that "The one and only social responsibility of business is to increase profits" can be attributed to:
A) A. Kenneth Lay
B) B. William C. Ford, Jr.
C) C. Milton Friedman
D) D. Immanuel Kant
20.
The Utilitarian approach to decision making is to:
A) A. Ask the following question: which alternative causes the greatest good (or least harm) to the most people.
B) B. Do unto others as you would have them do unto you.
C) C. Ignore ethics
D) D. Put short-term profits before all other considerations
21.
The most accurate statement regarding appellate courts is:
A) A. Appellate courts often hear new evidence and testimony
B) B. Appellate courts generally accept the factual findings of the trial court
C) C. Only the federal court system has appellate courts
D) D. Appellate courts hear only criminal cases
22.
Advantages of Alternative Dispute Resolution (ADR) include:
A) A. ADR is faster than litigation
B) B. ADR keeps the parties talking rather than fighting
C) C. ADR is less expensive than litigation
D) D. All of the above are advantages of ADR
23.
The fastest growing method of dispute resolution in the United States is:
A) A. Arbitration
B) B. Negotiation
C) C. Mediation
D) D. Litigation
24.
Jurisdiction is:
A) A. The study of law
B) B. The authority of a court to decide a particular type of case
C) C. A federal court concept
D) D. Applicable only to appeals courts
25.
Tony fell and injured himself in a Mega Toy Store. Mega Toy Store is incorporated in Delaware. Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona. Mega Toy does not do business in Nevada. Tony's damages exceed $100,000. If Tony decides to sue Mega Toy Store:
A) A. He may file the lawsuit in an Arizona state court
B) B. He may file the lawsuit in a federal district court in Arizona
C) C. He must file the lawsuit in a federal district court because the federal courts would have diversity jurisdiction in this case
D) D. Either A or B
26.
Which of the following are discovery methods?
A) A. Interrogatories
B) B. Requests for admission
C) C. Physical or mental examinations
D) D. All of the above
27.
Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?
A) A. Corrales will render a binding decision
B) B. Holt and Collins retain the right to a class action
C) C. Holt and Collins give up the right to discovery
D) D. Corrales need not give reasons for the decision
28.
Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a:
A) A. Judgement on the pleadings
B) B. Summary judgement
C) C. Pretrial conference
D) D. Default judgment
29.
Roxanne was injured when she fell in a hole while walking across her landlord's parking lot. She and her lawyer hope they can settle the claim. Which of the following statements about settlements is correct?
A) A. A case can be settled provided it has not been filed with the court.
B) B. A case can be settled provided that discovery has not commenced.
C) C. A case can be settled provided the jury has not heard any testimony.
D) D. A case can be settled at any time.
30.
In a civil case, the plaintiff must prove the case:
A) A. By a preponderance of the evidence
B) B. By clear and convincing evidence
C) C. Beyond a reasonable doubt
D) D. None of the above; the burden of proof is on the defendant
31.
The concept of stare decisis focuses most on:
A) A. Predictability
B) B. Flexibility
C) C. Legislative intent
D) D. Change
32.
Karen is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she does not know drowning. Generally, Karen:
A) A. Has a legal duty to rescue the man
B) B. Has a legal duty to rescue the man, but only if her efforts will not pose a serious threat to her own safety
C) C. Has a legal duty to rescue the man since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations.
D) D. Has no legal duty to rescue the man.
33.
The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use which of the following?
A) A. The plain meaning rule
B) B. Legislative history
C) C. Public Policy
D) D. All of the above
34.
Psychologist Holtz is working with a patient, Rebecca, who has expressed the intention to seriously harm two of her acquaintances. If you apply the principle set forth by the Supreme Court of California in the Tarasoff v. Regents of the University of California case, Psychologist Holtz:
A) A. Has, because of the bystander rule, no duty to warn the foreseeable victims about Rebeccaâ??s expressed intention to harm them.
B) B. Has a duty to exercise reasonable care to protect foreseeable victims of Rebeccaâ??s violence.
C) C. Is in a special relationship with patients, and this relationship creates a privilege of confidentiality between the communicants.
D) D. Will be held to a strict duty of care and will be held liable for any victimâ??s injuries if Holtz failed to warn them of Rebeccaâ??s potential violence toward them.
35.
The Environmental Protection Agency was investigating whether Exgrow, Inc. violated the Clean Air Act. Exgrow refused to give the EPA its computerized reports concerning pollution. To get the reports, EPA should use:
A) A. A stare decisis
B) B. A de novo
C) C. An excalibur
D) D. A subpoena duces tecum
36.
In December 1999, the Environmental Protection Agency (EPA) filed an administrative complaint against Marlin Firearms Co. alleging that the company exceeded chromium emissions limits. The EPA proposed a $257,162 fine. Which statement is correct concerning administrative agency adjudication?
A) A. A jury decides the matter
B) B. The Federal Rules of Criminal Procedure govern the admissibility of evidence.
C) C. The losing party has a right to appeal.
D) D. The parties are not represented by attorneys.
37.
In 1900, the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority. In 2007, the courts in Minnesota still follow this ruling. This is an example of:
A) A. Stare decisis
B) B. The bystander rule
C) C. Statutory law
D) D. Enabling legislation
38.
What is the major distinction between executive and independent agencies?
A) A. Executive agencies govern business issues while independent agencies regulate individual matters.
B) B. The President has greater control over executive agencies.
C) C. The Administrative Procedure Act regulates independent agencies but not executive agencies.
D) D. Subpoenas may be issued by independent agencies; executive agencies do not have subpoena power.
39.
A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum:
A) A. can only be given to an expert to require a personal appearance before a court or administrative hearing.
B) B. is binding on a person even if it is mailed to the person rather than handed to her by a process server.
C) C. allows for privileged or confidential information to be turned over the a court or administrative agency.
D) D. requires the person to bring specified documents to the court or administrative hearing.
40.
Bert had his driver's license suspended by the state department of transportation. He believes his constitutional due process rights were violated by the administrative agency. Can he immediately file a court action to have agency's actions reviewed?
A) A. Yes. A court has the jurisdiction to immediately review an agency's alleged unconstitutional action.
B) B. Yes. Bert must specifically allege his constitutional rights have been violated and file a court action in federal court - not a state court.
C) C. No. Bert must first utilize the administrative agency's procedures to review the suspension before he seeks judicial review by a court.
D) D. No. A court of law does not have jurisdiction to review an administrative agency's actions.
41.
If there is a conflict between a state and federal law, generally the federal law will prevail because of the:
A) A. Federalism doctrine
B) B. Supremacy Clause
C) C. Paramount doctrine
D) D. Interstate Commerce Clause
42.
The primary source of federal power to regulate business is the:
A) A. Supremacy Clause
B) B. Commerce Clause
C) C. Contract Clause
D) D. Privilege and Immunities Clause
43.
The Fourteenth Amendment's Equal Protection Clause "strict scrutiny" test will be used when the classification:
A) A. Affects and economic interest
B) B. Affects a person's right to drive
C) C. Differentiates on the basis of race
D) D. Affects a person's right to drink alcoholic beverages
44.
The Bill of Rights refers to:
A) A. the inalienable rights found at the beginning of the Constitution.
B) B. the first ten amendments to the Constitution.
C) C. a specific listing of individual rights found in the original text of the Constitution.
D) D. a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states.
45.
Nevada passed a law banning all commercial billboards along state highways to rid the state highways of billboards, which are offensive to citizens. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional?
A) A. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment.
B) B. It would have to be shown that the law directly advances the state's goal of a more aesthetically pleasing environment.
C) C. It would have to be shown that the law reaches no further than necessary to promote the state goal.
D) D. All of the above.
46.
The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called:
A) A. federalism.
B) B. the undue burden concept.
C) C. constitutional hierarchy.
D) D. the dormant aspect of the Commerce Clause.
47.
The power to regulate international commerce can best be described as:
A) A. the states and the federal government share concurrent power.
B) B. the federal government has exclusive power.
C) C. the states have exclusive power to regulate.
D) D. the executive branch of the government has exclusive power.
48.
When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that:
A) A. the law was valid as a proper exercise of the power to regulate interstate commerce.
B) B. the law was void for vagueness; thus, it was not valid.
C) C. the law was not valid since Congress exceeded its power under the Commerce Clause.
D) D. although the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grounds. Therefore, the statute was valid.
49.
A law that prohibits out-of-state residents from using a state's parks violates the Constitution's:
A) A. Equal Protection Clause
B) B. Due Process of Law Clause
C) C. Supremacy Clause
D) D. Commerce Clause
50.
Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd, is an analysis of:
A) A. Substantive due process
B) B. Procedural due process
C) C. The Takings Clause
D) D. Eminent domain