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60 Terms

1
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Law is considered to be a formal social force

True

2
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Those countries that were colonized by England,such as the United Kingdom,Canada and the United States and India follow the civil law.

False

3
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The common law relies more on legislation than judicial decisions to determine what the law is

False

4
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In a common law legal system,a judge would not use stare decisis to make current judicial decisions

False

5
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_property applies to resources that you own as an individual

Private

6
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_law both protects ownership and sets limits on private resource use

Regulatory

7
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_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

8
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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

9
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jurisprudence supports the idea that law can and should change to meet new developments in society

Sociological

10
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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

11
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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

12
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The time allowed for one party to sue another and other rules governing the process of a lawsuit are examples of __

procedural laws

13
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Public law traditionally includes which type of law?

criminal law

14
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Private law traditionally includes __.

property law

15
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A__is a civil wrong,other than a breach of contract

Tort

16
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Ethical values underlie much law,including the law of how business operates and is regulated

True

17
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In society,sharing moral values promotes social cooperation and is a means of social control

True

18
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Ultimately, the commitment to ethical values is superior to mere observance of the law in ensuring responsible business behavior.

True

19
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When faced with a dilemma,a consequentialist would rely on absolutism

False

20
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Stakeholder theory suggests that an ethical corporation utilizes its managers to foster risks to stakeholders which,if explained would be clearly acceptable

False

21
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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

22
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is a systematic statement of right and wrong together with a philosophical system that both justifies and necessitates rules of conduct

Ethics

23
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Which of the following is true of the social contract theory?

It has its origin in formalism

24
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Which of the following is true of formalism?

It is an approach to ethics that affirms an absolute morality

25
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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

26
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Which of the following intellectuals created the theory of the categorical imperative?

Immanuel Kant

27
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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

28
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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

29
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"The good"is defined by philosophers as __

The end result of ethical examination

30
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_derives from society's expectations about how fair and reasonable actions are

Due care

31
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The trial judge renders decisions that deal directly with people in conflict

True

32
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Several studies have found a difference between results reached by a six-person jury and those reached by a 12-person jury

False

33
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The U.S court system is an adversarial system

True

34
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Individuals are prohibited from representing themselves without a lawyer in U.S courts

False

35
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Which constitutional amendment guarantees the right to a jury trial in both criminal and civil cases?

The Sixth and Seventh Amendments

36
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Which of the following is one of the major criticisms of the jury system in the United States?

Jurors vote their prejudices.

37
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If the amount in controversy in a civil case exceeds __, the right to a jury trial exists at common law.

$20

38
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A lawsuit is initiated at the _ level in the U.S. court system.

trial court

39
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Courts have held that the existence of diversity of citizenship is determined by the citizenship of the __

parties to a case

40
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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.

41
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small claims court

Usually do not require lawyer's services

42
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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

43
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Judicial review is the power of

the courts to review laws passed by the legislative body and to declare them to be unconstitutional

44
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Strict constructionism is also known as judicial

abstention

45
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Judges who identify with __ give great deference to the political process.

judicial restraint

46
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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

47
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If a lawyer wishes to maximize the potential of the discovery process and reveal the most information, he or she will utilize interrogatories.

False

48
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A affidavit is a sworn statement that may be used as evidence

True

49
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The party filling an appeal is referred to as the appellee

False

50
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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

51
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At the federal level,the Supreme Court __class action suits

Discourages

52
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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

53
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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

54
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A judge may grant a motion for summary judgment if the moving party can show that __.

there are no material disputed issues of fact

55
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If a prospective juror admits bias favoring one of the parties to a trial,that person is most likely to be excused for__

Cause

56
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Which of the following is true of peremptory challenges?

The number of peremptory challenges allowed varies from court system to court system

57
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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

58
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A__is entered in favor of the party that won the verdict,if a judge agrees with the decision of the jury.

Judgement

59
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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.

60
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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