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Law is considered to be a formal social force
True
Those countries that were colonized by England,such as the United Kingdom,Canada and the United States and India follow the civil law.
False
The common law relies more on legislation than judicial decisions to determine what the law is
False
In a common law legal system,a judge would not use stare decisis to make current judicial decisions
False
_property applies to resources that you own as an individual
Private
_law both protects ownership and sets limits on private resource use
Regulatory
_law forbids owners of businesses from monopolizing classes of resources and sets rules for how businesses can compete to obtain ownership in new resources.
Antitrust law
Which of the following schools of jurisprudence emphasizes that contemporary law should focus on legal principles that have withstood the test of time in a nation?
historical
jurisprudence supports the idea that law can and should change to meet new developments in society
Sociological
Kate Ace is a luxury purse brand that has its own distinctive logo . The company recently discovered that another retailer has been selling counterfeit Kate Ace bags. The legal dispute that will arise here is most likely to be governed by _.
property law
The role of judges in the United States is so significant that they determine the meaning of the U.S. Constitution and can declare void the legislation of Congress and the acts of the president. This illustrates that the legal system in the United States is based on __.
common law
The time allowed for one party to sue another and other rules governing the process of a lawsuit are examples of __
procedural laws
Public law traditionally includes which type of law?
criminal law
Private law traditionally includes __.
property law
A__is a civil wrong,other than a breach of contract
Tort
Ethical values underlie much law,including the law of how business operates and is regulated
True
In society,sharing moral values promotes social cooperation and is a means of social control
True
Ultimately, the commitment to ethical values is superior to mere observance of the law in ensuring responsible business behavior.
True
When faced with a dilemma,a consequentialist would rely on absolutism
False
Stakeholder theory suggests that an ethical corporation utilizes its managers to foster risks to stakeholders which,if explained would be clearly acceptable
False
That individuals will do unethical things as part of a group,which they would never do alone,is widely recognized and the same pattern can be observed in corporate behavior
True
is a systematic statement of right and wrong together with a philosophical system that both justifies and necessitates rules of conduct
Ethics
Which of the following is true of the social contract theory?
It has its origin in formalism
Which of the following is true of formalism?
It is an approach to ethics that affirms an absolute morality
The__in ethics holds that a person has a moral duty to act in the way he or she believes everyone should act
Categorical imperative
Which of the following intellectuals created the theory of the categorical imperative?
Immanuel Kant
Amy fakes a stomach ache to skip her gym class. A few weeks later, when her friend, Sarah, lies to their gym teacher about being sick, Amy tells their teacher that Sarah is lying about being sick. Amy tells the teacher that she is not in favor of lying. According to Immanuel Kant, Amy would most likely be in violation of __.
categorical imperative
Immanuel Kant believed that ethical people act with good intent,which means that they proceed in ethically consistent ways.Kant called his notion of consistency__
The categorical imperative
"The good"is defined by philosophers as __
The end result of ethical examination
_derives from society's expectations about how fair and reasonable actions are
Due care
The trial judge renders decisions that deal directly with people in conflict
True
Several studies have found a difference between results reached by a six-person jury and those reached by a 12-person jury
False
The U.S court system is an adversarial system
True
Individuals are prohibited from representing themselves without a lawyer in U.S courts
False
Which constitutional amendment guarantees the right to a jury trial in both criminal and civil cases?
The Sixth and Seventh Amendments
Which of the following is one of the major criticisms of the jury system in the United States?
Jurors vote their prejudices.
If the amount in controversy in a civil case exceeds __, the right to a jury trial exists at common law.
$20
A lawsuit is initiated at the _ level in the U.S. court system.
trial court
Courts have held that the existence of diversity of citizenship is determined by the citizenship of the __
parties to a case
Josh crashes his car into Sheila's house. Sheila is severely injured and suffers $95,000 worth of medical and property damages. She believes that the accident was Josh's fault and files a lawsuit at a state trial court. What would have to be different for Sheila to be able to sue Josh in a federal court?
Josh and Sheila must live in different states.
small claims court
Usually do not require lawyer's services
petition for writ of certiorari is
a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court
Judicial review is the power of
the courts to review laws passed by the legislative body and to declare them to be unconstitutional
Strict constructionism is also known as judicial
abstention
Judges who identify with __ give great deference to the political process.
judicial restraint
Defendants usually bring in third-party defendants when there is someone who may have liability to a defendant if the defendant has liability to a plaintiff.
True
If a lawyer wishes to maximize the potential of the discovery process and reveal the most information, he or she will utilize interrogatories.
False
A affidavit is a sworn statement that may be used as evidence
True
The party filling an appeal is referred to as the appellee
False
Alan committed a felony in Delaware and returned to Minnesota, where he lives permanently. Alan has a respectable job in Minnesota and is a respected citizen there. When the Delaware police locate Alan, _.
They must wait for the governor of the state where Alan is arrested to turn him over to the governor of Delaware
At the federal level,the Supreme Court __class action suits
Discourages
A_suit is which one or more plaintiffs file suit on their own behalf and on behalf of all persons who have similar claim
Class action
In the pretrial of litigation,if a party fails to produce relevant,requested evidence,the party seeking the information is likely to_
File a motion to compel discovery
A judge may grant a motion for summary judgment if the moving party can show that __.
there are no material disputed issues of fact
If a prospective juror admits bias favoring one of the parties to a trial,that person is most likely to be excused for__
Cause
Which of the following is true of peremptory challenges?
The number of peremptory challenges allowed varies from court system to court system
In civil cases,the__standard is achieved when there is a greater weight of evidence in support of a proposition than there is against it
Preponderance of evidence
A__is entered in favor of the party that won the verdict,if a judge agrees with the decision of the jury.
Judgement
Which of the following would not be part of the appellate process?
The appellate court reevaluates the credibility of witnesses and makes new factual findings.
After an intermediate appellate court rejects an appeal, the losing party may petition the highest court in the system for a(n) __.
writ of certiorari