MGT 3350 Midterm

Monique owns a business in Utah where she sells computer components. Most of her business is in Utah, but she does sell some items online. She does not think she should be governed by a new regulation passed by the US Congress. What provision in the Constitution gives Congress authority over Monique's business transactions?

Commerce Clause

The two types of rights the First Amendment focuses on are ________.

Freedom of conscience and freedom of expression

which of the following is NOT true of the U.S. Constitution? Every law in the US must comply with the Constitution. It recognizes that state laws have priority over federal laws. It enumerates and protects citizens' rights. It establishes three branches of government.

It recognizes that state laws have priority over federal laws.

Identify all that are stated purposes of the law. Select all that apply. Prevent undesirable behavior Keep the peace Facilitate planning Provide clear rules on how institutions should be run Avoid undesirable economic systems Settle private and public disputes Maintain democracy Promote social justice Enforce rules to maintain order

Keep the peace; Enforce rules to maintain order; Facilitate planning; Promote social justice; Prevent undesirable behavior; Settle private and public disputes; Provide clear rules on how institutions should be run

How is administrative law defined?

The rules and regulations created by administrative agencies to carry out the mandate of such agencies

The rules that govern activities that the agency has authority over is known as ________ rules. Interpretive Distinctive Procedural Legislative Judicial

Legislative

Agencies are created ________. By the legislative branch When the responsibilities of a part of the government are reduced By the judicial branch By the executive branch Through a petition by the people

By the legislative branch

The second article of the Constitution focuses on ________. The executive branch State relations Ratification Amending the Constitution The judicial branch

The executive branch

Freedom of assembly ________. Protects riots, violent or peaceful Is found in the fifth article of the Constitution Allows us to protest inhumane topics Allows us to make an area temporarily unsafe All of the above

Allows us to protest inhumane topics

Kings outsourcing duties of ruling at a trial was passed to judges because the process was ________. A bad idea Tedious Unique To create separate executive and judicial duties Unjust

Tedious

If at the end of the case, a plaintiff has not established the facts and law to support her/his claim, the defendant may make a motion for ________, asking the court to decide in his or her favor without having to present his or her defense. Direct examination Cross-examination Redirect examination Directed verdict

Directed verdict

A trial has all but which of the phrases? Active trial Posttrial Pretrial Trial

Active trial

Lower courts are supposed to ________. Make their own decisions regardless of what the courts above them decide Keep their rulings regardless of what the upper courts decide Follow the rulings of the courts above Follow the rulings of the courts below them

Follow the rulings of the courts above

In the US legal system, criminal law ________. Is a controversy that is between two or more entities The case is always brought by the government against the alleged perpetrator Involves a private injury Explains that a crime is a harm against only the individual it effects The case is always brought by the citizens against the alleged perpetrator

The case is always brought by the government against the alleged perpetrator

Jack and Jill are getting a divorce after ten years of marriage. They have lived in three different states and even spent a year in South Korea during their third year of marriage. Their divorce proceedings will be under the jurisdiction of a ________ court because of ________ jurisdiction. Federal, subject matter International, in rem State, in personam Federal, in personam State, subject matter

State, subject matter

The legal concept known as standing refers to ________. People who have a personal stake in the outcome of a dispute can bring a suit Some conflict that must have actually occurred How long someone lasts in a difficult position The location where the trial takes place

People who have a personal stake in the outcome of a dispute can bring a suit

The Utah Supreme Court hears a case about the administrative rules related to mineral extraction on federal lands within the state. The United States Supreme Court has already ruled on this issue 80 years ago. The Utah Supreme Court thinks that the US Supreme Court ruling is out of date and no longer applicable. Therefore the Utah Court can ________. Create a new ruling that ignores the US Supreme Court's previous ruling Follow the US Supreme Court's ruling Pass a law that supports their approach Create their own opinion Overrule the US Supreme Court

Follow the US Supreme Court's ruling

The term precedent refers to ________. A ruling from a court that is binding on future cases that are factually similar Something that is not an integral part of the US legal system A concept that makes the court inconsistent A theory that doesn't allow people to make predictions

A ruling from a court that is binding on future cases that are factually similar

Which term describes how when a matter is decided by a court, the same dispute cannot be tried again? Res judicata Fieri facias Duces tecum Liberum veto Stare decisis

Res judicata

The preponderance of the evidence is ________. The highest level of proof A standard that must be met in order to find someone liable in a civil case A standard that must be met in order to find someone liable in a criminal case Where the plaintiff is not likely to be correct Required to find someone guilty in a criminal trial

A standard that must be met in order to find someone liable in a civil case

In the 2020 Supreme Court case of Patent and Trade Office v. Booking.com, Justice Ginsburg wrote the majority opinion. This opinion is ________. The opinion that the fewest number of justices agreed with Not required to be followed by other courts The opinion that no other justice agreed with The ruling that other courts must follow One of several opinions that must be followed

The ruling that other courts must follow

n the 2020 Supreme Court case of Patent and Trade Office v. Booking.com, Justice Breyer wrote a dissenting opinion. This opinion ________.

Disagrees with both the reasoning and the final result of the majority opinion

In the case Janus v. AFSCME, the court debated ________. Infringed First Amendment rights Banning unions in the state of Illinois Infringed Seventeenth Amendment rights Requiring all blue-collared jobs to unionize Infringed Fifth Amendment rights

Infringed First Amendment rights

The part of the IRAC that summarizes the reasoning of the court is known as the ________. Reasoning Analysis Conclusion Rule Issue

Analysis

In the following citation: A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935), "A.L.A. Schechter Poultry Corp." is the ________. Volume of the reporter where the case can be found Where the case can be found Reporter Party that brought the case Party that the case is being brought against

party that brought the case

In the courts, the majority opinion ________. Is the opinion of less than five members of the Court who may choose to write a separate opinion Is when some justices may disagree with both the reasoning and the conclusion that the majority came to Is the opinion of the case and it has binding authority or precedent over the courts that fall below this court Is when some justices may agree with only the reasoning the majority came to Is the opinion of some justices who may disagree with only the reasoning the majority came to

Is the opinion of the case and it has binding authority or precedent over the courts that fall below this court

Dissenting opinions are valuable because they ________. Function as a passive-aggressive means of irritating the other justices Serve as a precedent for future conflicts Act like literature and are fun to read Can provide foundational reasoning for overruling opinions in the future Provide insight into court politics

Can provide foundational reasoning for overruling opinions in the future

In an IRAC, the statute, precedent, interpretive rule, or another standard that is authoritative or persuasive is known as the ________. Conclusion Rule Analysis Issue Reasoning

Rule

Using the following citation: Ferguson v. Karen, 234 US 85 (2019). Identify the following part: 85 Year Volume number Page Reporter Age

page

Aristotle provided early and foundational descriptions of virtue ethics in his seminal work, ________. The Categorical Imperative The Veil of Ignorance Eudaimonia Nicomachean Ethics The Enlightenment

Nicomachean Ethics

true or false: Ethics and morals are not limited to the realm of religion or of natural law.

true

Morals refer to an ________. A. External system of right and wrong B. External system of guidelines and rules C. Individual's internal compass as to what is right and wrong D. Individual's internal compass to navigate guidelines and rules Both A and D

C. Individual's internal compass as to what is right and wrong

According to Aristotle's work Nicomachean Ethics, ethics are ________. Only engaging in honest behavior Exemplified as a courageous act out of duty Not dependent on the nature of the person About the person encompassing certain core virtues

About the person encompassing certain core virtues

What are ethics? Personal and often abstract principles An individual's internal compass as to what is right and wrong All of the above Broad, shared understandings or, in some views, universal principles that define one's conduct as right or wrong

Broad, shared understandings or, in some views, universal principles that define one's conduct as right or wrong

Critics of utilitarianism and other teleological approaches claim that the school of thought is _________. Too dismissive of individual rights Not applicable in most situations Too optimistic Too pessimistic Poorly explained by its advocates

Too dismissive of individual rights

All of the following is true about virtue ethics except for ________. It is often oversimplified All of the above are true Aristotle provided foundational descriptions of virtue ethics During the enlightenment it fell out of favor in scholarly and intellectual circles

All of the above are true

The idea that a moral action creates the greatest amount of happiness for the greatest number of people became known as ________. The categorical imperative The veil of ignorance Capitalism None of the above Utilitarianism

Utilitarianism

The argument that that truth exists naturally, that universal laws existed and it was up to people to reason through and find these pre-existing truths, came from ________. Plato Aristotle Thomas Aquinas Niche Immanuel Kant

Thomas Aquinas

Self-driving cars highlighted the issue that ________. Individual lives are just a number to big companies We're not ready to make complex decisions for an entire society There is a struggle between safety and profits Customers say one thing, but they actually would buy another Technology has increased questions about ethics

Customers say one thing, but they actually would buy another

How did the crew aboard the yacht Mignonette survive? They flagged down a nearby boat. They killed a whale and ate its flesh. They killed one of the crew members and consumed his flesh and blood. The crew did not survive and were later found dead in the dingy.

They killed one of the crew members and consumed his flesh and blood.

Which of the following is NOT an element of the FISH SEDER framework? Explain Facts Identies Solutions

Identies

The H in the FISH SEDER framework stands for ________. Happiness Hits None of the above Harms

Harms

When considering the long and short term consequences of solutions, you should use which frameworks? Virtue Ethics/Values Utilitarianism/Resutls Universalism/Rights All of the above

All of the above

Which element in ethical decision making is often overlooked? Reflect Decide Application Explain

reflect

When the FBI asked Apple to unlock an iPhone belonging to Syed Rizwan Farook, Apple ________. Unlocked the iPhone but did not find any helpful information Immediately agreed and used backdoors to hack into the phone Refused to unlock the iPhone Tried to unlock the iPhone but could not help in time

Refused to unlock the iPhone

Which of the following is true of general and limited partners in a limited partnership? General partners are not needed to create a limited partnership. General and limited partners are jointly responsible for partnership debt. General partners are not liable for partnership debts. General partners are required to invest capital and refrain from managing the business. Limited partners are not liable for partnership debts.

Limited partners are not liable for partnership debts.

Which of the following is NOT true of a general partnership? Partners can elect to have either general or limited status to avoid liability. It is managed at the discretion of its partners. Partners are equal owners of all business assets. It is taxed directly. Each partner is jointly and severally liable for all claims against the partnership.

It is taxed directly.

If the object of the partnership ________, the partnership must be in writing. involves members lacking capacity involves minors Amounts to over $5,000 requires corporations Cannot be accomplished in one year

Cannot be accomplished in one year

The choice of business structure determines all BUT which of the following? Ease of formation Tax liability Owner liability Difficulty or raising capital Power structure amongst owners

Power structure amongst owners

Which of the following is NOT a partnership duty? Inform Care Best effort Loyalty Obedience

Best effort

Which of the following is NOT true of general partnerships? Partners always split profits and losses evenly. Partners have joint ownership of business assets. Partners have joint and several liability. Partners have an equal right to engage in the management of the business. Partners share profits and losses according to the partnership agreement.

Partners always split profits and losses evenly.

When a partnership is winding up, when do the profits get distributed amongst the partners? Before debts to non-partner creditors At the end After family members Before partner capital contributions Before partner creditors

At the end

Which of the following is NOT a benefit of a general partnership? They are cheap to maintain. They allow for greater owner collaboration. They can raise capital easily. They are easy to create. They are easy to operate.

They can raise capital easily.

A ________ is established when one party licenses another party for use of its trade name, trademarks, commercial symbols, patents, and other property in the selling of goods and services. Franchisee Franchisor General partnership Franchise Limited franchise

Franchise

Members of a general partnership have a ________ duty relationship to each other. Good faith Arm's length General Fiduciary Legal

Fiduciary

When a corporation acts outside of its express or implied powers, the act is known as ________. Corporate powers Commercial code violation Reversion Ultra vires Fraud

Ultra vires

Most corporations include a ________ clause that allows the corporation to engage in any lawful activity. Ultra-vires Activites Limited-purpose General-purpose Legality

General-purpose

Which of the following is NOT true of executives of a corporation? Executives see that the business runs according to the Articles of Incorporation. Executives are subject to the same duty of care in carrying out a corporation's purposes as is the board of directors. Executive positions can include secretary and treasurer. Executives carry out the day-to-day operations of a corporation. Executives are prohibited from being members of the board of directors.

Executives are prohibited from being members of the board of directors.

Which of the following is NOT true of a C Corporation? It cannot have more than 100 shareholders. It is taxed at the corporate level. Articles of incorporation must be filed with the secretary of state. Shareholders must pay taxes on dividends. Nonresident aliens can be shareholders

It cannot have more than 100 shareholders.

Huntswoman is a corporation formed in Maine but now operates in Vermont. This is an example of a(n) ________ corporation. Alien Not-for-profit Foreign Domestic General

Foreign

The ________ is the document that must be filed with the secretary of state of the state of incorporation to create a corporation. It provides the governing structure and guidelines for the corporation. Startup documents Articles of incorporation Foundator documentum Certification of authority Founders agreement

Articles of incorporation

Which of the following is required to be an S Corporation? It cannot make over $100 million in profits annually Shareholders must be foreign nationals Taxation is required at the corporate level There can be no more than 100 shareholders It must be licensed by the S Corporation governing board

There can be no more than 100 shareholders

Owners of a corporation are liable for ________. Torts committed by the corporation Taxes incurred by the corporation Crimes committed by the corporation Capital investment into the corporation Contracts made by the corporation

Capital investment into the corporation

Depending on the requirements of the state of incorporation, a close corporation must have ________. Less than 50 shareholders "Closely held corporation" in the company name Corporate bylaws More than 75 shareholders A board of directors

less than 50 shareholders

Aggie Zoo, a pet store chain with five shareholders, is an example of a ________ corporation. Limited liability Partnership Closely held Professional Not-for-profit

Closely held

The ________ of contracts doctrine states that the existence of a contract is determined by the words and actions of the parties, not by their actual intent. Reality theory Party intent Objective theory Subjective theory Manifest intent

Objective theory

In order for a valid contract to exist, there must be all BUT which of the following Consideration Agreement Mutual understanding Legality Capacity

Mutual understanding

Which of the following is true of the theory of mistake? A unilateral mistake is where both parties err. Mistakes are always unilateral. A bilateral mistake is where one party errs. Mistakes are always bilateral. A unilateral mistake is where one party errs.

A unilateral mistake is where one party errs.

Which of the following is NOT one of the four elements required of a contract? Capacity Agreement Consideration Writing Legality

Writing

Which of the following constitutes grounds for canceling a contract? Mutual mistake of fact Unilateral mistake of fact Mutual mistake of value Unilateral mistake of value Bilateral mistake of value

Mutual mistake of fact

The act of refraining from an action a person has a legal right to do is called ________. Reciprocation Forbearance Value exchange Consideration Restraint

Forbearance

June wants to sell a painting that has been in her family for many years. She knows it is a Monet and believes it to be worth $150. Paul is interested in buying the painting and purchases it for $150, also believing that is its actual worth. Later, the painting is appraised at $1.6 million. Can June void the contract and get her painting back? Yes, there was a bilateral mistake on June's part since it was her painting. It is possible if June can prove there is fraud. Yes, there was mutual mistake on both sides. No, the mutual mistake does not void the contract. No, because there is bilateral mistake on Paul's part over the value of the painting.

No, the mutual mistake does not void the contract.

Greg is selling his saltwater aquarium and equipment on KSL for $300. Anita responds to the offer by saying, "I will buy your aquarium for $300 if you also throw in the fish and plants." Has a contract been created? It is impossible to tell from these details No, the agreement was not in writing Yes, as there is an offer and a counteroffer Yes, there was a clear offer and acceptance No, Anita's response was not an acceptance, but a counteroffer

No, Anita's response was not an acceptance, but a counteroffer

What is the legal term for intentional misrepresentation of a material fact upon which a party reasonably relies to their detriment. Fraud Duress Undue influence Valid agreement Spurious

Fraud

Which of the following is NOT true of an agreement? The offeree is the party receiving the offer. An agreement consists of an offer and a counteroffer. The offeror must manifest a serious and meaningful intent to become bound by an agreement. The offeror proposes the terms of an agreement. The offeree may respond to an offer with a counteroffer.

An agreement consists of an offer and a counteroffer.

Which type of damages are awarded when the non-breaching party sues the breaching party, even though the breach did not result in financial loss? Compensatory Punitive Nominal Consequential Judicial

Nominal

Which of the following contracts is required to be in writing? A two month car lease A contract for the lease of a motorcycle with payments of $500 A contract for the sale of a bed for $350 A prenuptial agreement A contract for the sale of a bicycle for $200

A prenuptial agreement

A contract that has been fully performed is deemed complete and is said to have achieved ________. Novation Substantial performance Complete performance Substitution Legal performance

Complete performance

Which of the following is NOT a true statement? A contract may include several documents that are integrated into a whole. Contracts that establish an agency relationship for the sake of real estate must be in writing. Employment contracts can be oral. Guaranty contracts can be either oral or written. Contracts involving interest in land must be in writing.

Guaranty contracts can be either oral or written.

Ms. Smith paid June $1,000 to shovel snow from her driveway throughout the winter. June, who was paid in full before work commenced, breached the contract by not showing up on the first day. June should refund Ms. Smith $1,000 as ________ damages. General Consequential Punitive Compensatory Nominal

Compensatory

Which of the following is NOT true of minors? Minors may enter into contracts. Minors may disaffirm contracts. Minors are always bad contract partners. Minors may not enter into contracts without parental permission. Minors who void a contract must return the consideration.

Minors may not enter into contracts without parental permission.

The one-year-rule requires that ________. A contract that cannot be performed within a year must be in writing If either party changes their mind about a contract, the terms can be changed if Any contract that lasts longer than a year must be valued for at least $1,000 to be valid Neither party can rescind a contract for one year after it is agreed to Every contract must be reviewed and authorized each year

A contract that cannot be performed within a year must be in writing

While John is shopping at a local department store he picks out a hat that he likes. He glances at the price tag and believes the hat costs $10, but the tag actually says $100. He purchases the hat by credit card and does not notice the mistake for several days. Once he realizes the mistake, he wants to void the sale. This is an example of a ________. Bilateral mistake Unilateral mistake Multilateral mistake of material fact Mutual mistake of material fact Innocent mistake

Unilateral mistake

When is parol evidence allowed? If either party is on parole at the time of the contract creation When the parties are related If an appeals court needs to understand context When the plaintiff wants to adjust damages To determine if fraud was present

To determine if fraud was present

Contracts are said to violate public policy if they include all but which of the following? Broad exculpatory clauses Unfair terms Crude or offensive language Unequal bargaining power Excessive non-competition restrictions

Crude or offensive language

Moral judgments, decision making, and actions differ from moral reasoning and justification because ________. Moral reasoning and justification are quick, intuitive and tied to emotions Moral judgments, decision making, and actions are more conscious Moral reasoning and justification are more deliberative and conscious Moral judgments, decision making, and actions are more deliberative

Moral reasoning and justification are more deliberative and conscious

People are boundedly ethical in decision making and behavior when ________. Psychological, situation, and organizational factors constrain their ability to act Only cognitive factors constrain the economy Their preferred values have no constraint on their ability to act Only fiscal factors define their ethics

Psychological, situation, and organizational factors constrain their ability to act

Which of the following is NOT an example of a script? Automatically stopping at a stop sign without thinking about it Making a peanut butter and jelly sandwich the same way how you've made it for years Driving home on the same path you've driven for the past twenty years without thinking about it Deciding which internships to apply to

Deciding which internships to apply to

Role morality is defined as ________. Our ability to infer and structure meaning out of the words and images around us How we unconsciously lower our ethical standards over time through small changes in behavior Tendency to use different moral or ethical standards depending on our given "role" None of the above

Tendency to use different moral or ethical standards depending on our given "role"

Blaming someone's personality for their behavior but blaming external factors for your behavior is known as ________. Plagiarism Incrementalism Self-deception Self-serving bias

Self-serving bias

Justifying unethical behavior is known as ________. Denial Plagiarism Ethical fading Self-deception

Self-deception

Which of the following is a result of the Flint, Michigan water crisis? Flint residents are put at risk of lead poisoning. Children are at risk for impaired cognition, behavioral disorders, hearing problems, and delayed puberty. Some water from Flint has been tested to have lead samples as high as 13,200 ppb. It is an example of how government officials can prioritize short-term problems over long-term problems. All of the above

All of the above

Understanding the difference between system 1 and system 2 thinking can help us ________. Understand why our choices and behavior may not always seem "rational" Recognize when we are more prone to ethical lapses in behavior Better structure situations of ethical lapses to reduce their likelihood of occurrence. All of the above

All of the above

Framing in the context of this class refers to ________. A job for construction workers Our ability to infer and structure meaning out of the words and images around us The use of lying and tactics to transfer blame onto an unsuspecting individual None of the above

Our ability to infer and structure meaning out of the words and images around us

In the Haidt metaphor of the elephant and the rider, what does the elephant represent? A. Our emotional, automatic, and instinctive self B. How we do not always behave or act rationally C. Our controlled, analytical, and rational self Both A and B

Both A and B

The core of Gilligan's arguments is that ________. Men and women focus on different things while making moral decisions Women focus more on individuality and justice All of the above Men are more communally focused

Men and women focus on different things while making moral decisions

When a person looks to their immediate family and friend group for acceptance and validation, they are operating at which level and stage of development? Post-Conventional Level, Stage 1 Post-Conventional Level, Stage 4 Conventional Level, Stage 2 Conventional Level, Stage 3

Conventional Level, Stage 3

An experience that people struggle with but is crucial to psychological development is referred to as ________. Locus of control Moral justification Cognitive dissonance Moral refinement

Cognitive dissonance

Which stage(s) of pre-conventional development relies on operant conditioning? Neither stage Stage 1 Both Stage 1 and 2 Stage 2

Both Stage 1 and 2

According to Kohlberg, the most basic and least sophisticated level of moral reasoning is the ________ level. Pre-Conventional Unconventional Conventional Post-Conventional

Pre-Conventional