Q&A Hero

Q: Deontological theory focuses on: A. actions. B. consequences. C. prime movers. D. just distribution of society's resources.

Q: Under Kant's "categorical imperative": A. we must judge an action by applying it universally. B. we should manipulate others for our self-interest. C. the teleological ethical theory is dominant. D. the consequences of a decision are focused on, when deciding if it is ethical.

Q: Modern rights theory: A. holds that duties are absolute. B. holds that we should not abide by a rule unless a more important rule conflicts with it. C. must determine the fundamental rights and how they are ranked in importance. D. argues for a just distribution of society's resources.

Q: The theory that calls for a fair allocation of society's benefits and burdens among all members of society is: A. the allocational efficiency theory. B. Kantianism. C. the modern rights theory. D. the justice theory.

Q: The FCPA allows a company to pay governmental officials to secure routine governmental action.

Q: A group of people who must reach a consensus on an acceptable level of risk often decide on a level of risk lower than the risk they would accept as individuals is known as risky shift.

Q: If culture does shape ethical attitudes, managers in individualist societies may be more inclined to engage in insider trading than members of more collectivist societies.

Q: The Organization for Economic Cooperation and Development is an international institution created for the purpose of promoting harmonized rules where multilateral cooperation is necessary.

Q: There is no guarantee that the values of "ethical" shareholders would be representative of society as a whole.

Q: According to the new federal sentencing guidelines implemented as part of Sarbanes-Oxley, the U.S. Sentencing Commission judges should increase the fines for companies if their directors do not take reasonable steps to monitor managerial conduct in order to discover and prevent criminal activity.

Q: Even if the law enforces corporations to engage in ethical behavior, it is not certain that all corporations will respond to the threat of financial penalties.

Q: According to Joseph L. Badaracco Jr., the question "Which alternative best serves others' rights?" is teleological in nature in that it focuses on the morality of the consequences of the decision.

Q: Under Kantianism, an ethical decision is one that maximizes utility for society as a whole.

Q: Under utilitarianism, an action is ethical only if the benefits to society outweigh their costs.

Q: Critics claim that allocational efficiency is not society's only goal and that sometimes it must be sacrificed for other social concerns.

Q: Corporations sometimes consciously choose to break the law if it poses acceptable risks such as relatively light penalties for violation, if the benefits gained by doing so are great.

Q: Market forces serve as a sufficient control on corporate behavior because the market always reveals social and environmental harm.

Q: Under what conditions can one or more members of a class be sued as representative of a class? What type of lawsuit can their claims be consolidated into? Lawsuits can have more than one plaintiff and/or defendant. Sometimes, when a defendant's actions have injured many plaintiffs, their claims may be consolidated into a class action lawsuit. One or more members of a class may sue or be sued as representative of a class if: a. the class is so numerous that joinder of all members is impracticable b. there are questions of law or fact common to the class c. the claims or defenses of the representative parties are typical of the claims or defenses of the class d. the representative parties will fairly and adequately protect the interests of the class

Q: What is the legal standard for granting a motion to dismiss? What purpose does this motion serve?

Q: Critics of capitalism and Corporate America increasingly argue that corporations should follow socially responsible standards higher than that imposed by law.

Q: Explain why an appeal can only be taken from a court of record.

Q: The function of a judge in the United States differs from that in Europe. Explain.

Q: In order to enforce a judgment against an unwilling loser of the judgment, a court can issue: A. a writ of quo warranto. B. a writ of garnishment. C. a writ of certiorari. D. a writ of mandamus.

Q: Which of the following is true with respect to criminal trial? A. The defendant bears the burden of proof. B. The burden of proof need only have "a preponderance of the evidence". C. The burden of proof should be "beyond a reasonable doubt". D. The burden of proof for a criminal case is the same as that for a civil case.

Q: The term "amicus curiae" means: A. "friendly cure" or the amicable resolution to a mediated dispute. B. "friend of the court" or a third party allowed to file briefs. C. "small courier" or the briefs, originally foot messengers, which are used to communicate between lawyers and the courts. D. the name for the conductor of an arbitration, a position originally filled by medieval clergy.

Q: In order to appeal a decision: A. a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision. B. a party need not have objected to a judge's action at the time the alleged error was made. C. a party must prepare for a new fact-finding process. D. the defendant must show that the errors made were not material.

Q: A record in writing of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a: A. treatise. B. citation. C. transcript. D. brief.

Q: The employees of a company have been on strike for 30 days which has led to huge losses for the business. The employees complain about the increased accidents in the company and lack of safety measures undertaken by the management. The management in turn blames the employees for negligence. Owing to loss of business and wages, both parties want to settle the dispute but have been unable to negotiate successfully; the main problem being feelings of resentment and distrust. Both parties want to settle out of court but do not want the third party to whom the dispute is submitted to decide the outcome. Which method of dispute settlement is best suited to them? Why? Would the method change if the parties were ready to accept awards by third parties but were not particular about the reasons of awards?

Q: A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n): A. counterclaim. B. affirmative defense. C. cross-claim. D. dissenting opinion.

Q: A motion to dismiss made by the defendant is granted when: A. the defendant is scared of losing the case. B. it is clear that the plaintiff does not have a case and it would be wasteful to continue. C. either party feels that the judge is not impartial. D. people or groups other than the parties involved are interested in the outcome of a certain appeal.

Q: Robert files a case against Richard for non payment of dues. Before the trial, Richard is examined under oath in the presence of Robert's attorney. What is this process of examination known as? A. Deposition B. Discovery C. Pretrial conference D. Default judgment

Q: A procedural device that is designed to narrow issues to be proved at trial or to facilitate a settlement is the: A. alternative dispute resolution. B. mediation agreement. C. judgment notwithstanding the verdict. D. pretrial conference.

Q: Which of the following statements hold true during the presentation of testimony? A. Under direct examination, each witness is sworn and then examined by the defendant's attorney. B. The defendant's attorney may cross-examine each witness, trying to raise doubts as to the person's credibility or trustworthiness. C. The defendant's attorney may then conduct a redirect examination to clarify the plaintiff's view of the facts. D. During a witness's testimony, the opposing attorney may not object to the presentation of certain evidence.

Q: Which of the following statements about the adversary system is true? A. The adversary system represents the idea that truth is best discovered through the presentation of competing ideas. B. The judge, in an adversary system, is actively involved in determining the facts of a case. C. In an adversary system the cases are heard by a panel of three judges. D. The judges have a duty to direct the search for truth rather than expecting it to emerge from the efforts of the lawyers for the parties.

Q: Which of the following concerning pleadings' is true? A. The first step in starting a lawsuit is the serving of a summons on the defendant. B. The case is set for trial on the court calendar once the pleadings have commenced. C. They serve three major functions. D. The complaint, answer and reply inform the parties of each other's claims and form the basis for a trial.

Q: A complaint: A. must contain sufficient facts to show that the plaintiff is entitled to some legal relief. B. is a rule of law enabling the defendant to win even if all of the plaintiff's allegations are true. C. was created to help deal with the increasing congestion of cases in most civil courts. D. is a procedural device that is designed to narrow down issues to be proved at trial.

Q: A rule of law enabling the defendant to win even if all of plaintiff's allegations are true is a(n): A. counterclaim. B. affirmative defense. C. deposition. D. judgment notwithstanding the verdict.

Q: A resident of Ohio was convicted of bank robbery of $90000 in California. In which of the following courts should his case be filed? A. Small Claim Court B. Trial Court C. District Court D. Justice of Peace Court

Q: District courts: A. only review the legal conclusions reached by lower federal courts. B. are the intermediate courts of the federal court system. C. have both fact-finding (by the judge or jury) and law-finding (by the judge) functions. D. are specialized courts in the federal court system.

Q: A U.S. court of appeals is empowered to: A. find new facts for the case. review legal conclusions reached by lower federal courts and administrative agencies. D. hear witnesses and determine facts. An appeal from a district court is taken to a U.S. court of appeals. Like state intermediate appellate courts, the U.S. courts of appeals generally do not have a fact-finding function. They only review the legal conclusions reached by lower federal courts. The courts of appeal also hear appeals from many federal administrative agency decisions.

Q: The primary way a case can be appealed to the Supreme Court is through a: A. writ of habeas corpus. B. writ of quo warranto. C. writ of certiorari. D. writ of mandamus.

Q: Writ of certiorari (cert.) is given when: A. a person does not want to appeal to the Supreme Court. B. there have been conflicting decisions in similar cases by different courts of appeal. C. the court has too many cases to be heard and has no time to take up a new case. D. the loser of the case does not pay the judgment.

Q: Trial courts differ from inferior courts in that trial courts: A. are courts of limited jurisdiction. B. are limited by the amount of civil damages that can be awarded. C. are courts of record from which an appeal can be taken. D. are called municipal courts in urban areas.

Q: Generally, the role of appellate courts is to: A. review the proceeding in the trial court and correct legal errors made by the trial judge. B. accept the findings of the trial court with minor changes even if it goes against all the evidence. C. hear witnesses once again and establish new facts. D. review all proceedings in the trial court and penalize the trial court judges for wrong decisions.

Q: It is seen that Court X hears cases that have been referred to it by trial courts. However, it does not hear any witnesses nor does it review new facts about the case. Court X is a/an: A. municipal court. B. inferior court. C. appellate court. D. justice of peace court.

Q: A prisoner seeks injunctive relief to improve prison conditions. However, while the case is still pending, the prisoner's sentence ends and he is released. On the date of deciding the case, the American Federal Court could: A. choose not to decide the case stating the case was moot. B. ask the ex-prisoner to appeal to the Supreme Court. C. ask the prisoner to apply for a new trial. D. ask the prisoner to appeal to the court of appeals.

Q: Jurisdiction is defined as: A. the authority of a court to hear a case and render a binding decision on it. B. the unlimited authority of the court. C. the process by which cases are decided. D. the power an individual appointed within an organization possesses to settle disputes.

Q: Mr. Burns filed a case against Mr. Johnson in the court at Ohio. However, Mr. Johnson had never visited Ohio, nor had any personal ties with anyone in Ohio. Mr. Johnson could defend the case on the basis that the court: A. lacked personal jurisdiction. B. was not in proximity to the place where Mr. Johnson resides. C. was limited by subject matter jurisdiction. D. did not have judges that would understand the language spoken by him.

Q: Municipal courts are: A. courts of record. B. known as superior courts. C. known as justice of peace courts in rural areas. D. courts that handle civil matters involving a limited amount of money.

Q: Under the Uniform Arbitration Act, a court: A. cannot hold that the dispute was not arbitrable under the agreement of the parties. B. will not review the wisdom or decision of the arbitrator. C. can only make the arbitration award enforceable. D. can publish its arbitration awards.

Q: Which of the following statements is true about a minitrial? A. In a minitrial, a six-member mock jury empaneled by the court hears a shortened presentation of the case by the lawyers for each side, and renders an advisory verdict. B. If a settlement is not reached in a minitrial, neutral third-party advisor will render a nonbinding opinion regarding how the dispute is likely to be resolved if it goes to trial. C. The minitrial is conducted under court guidance. D. The minitrial differs from mediation in that the third party to whom the dispute is submitted decides the outcome.

Q: In the "private judging" method of dispute resolution: A. a hired judge renders a binding opinion after hearing the evidence and arguments of the parties. B. executives of the disputing companies, who have settlement authority, hear a shortened presentation of the case by the lawyers for each side. C. a six-member mock jury empaneled by the court hears a shortened presentation of the case by the lawyers for each side. D. executives of the disputing companies meet with lawyers to negotiate a settlement. In this private judging, or "rent-a-judge," method of dispute resolution, the hired judge (who is often a retired judge) renders a binding opinion after hearing the proofs and arguments of the parties.

Q: An employee appointed within an organization to settle disputes is called a(n): A. mediator. B. arbitrator. C. ombudsperson. D. private judge.

Q: Even if a jury unanimously finds a defendant guilty, the judge can find in the defendant's favor by granting a motion for judgment notwithstanding the verdict'.

Q: A new trial is required in case where a case is remanded by an appellate court.

Q: Small claim courts are courts of record.

Q: A party who is dissatisfied with the decision of a lower court can always take the case all the way to the U.S. Supreme Court.

Q: All opinions of the Supreme Court can be cited as precedents.

Q: The adversary system in the United States is based on the idea that the truth will emerge in courtrooms through a "battle of words" between two lawyers.

Q: Sally files a lawsuit against Jim in a Tennessee court. Jim does not live in Tennessee nor has he ever visited the state. The Tennessee court may not decide the case unless it can demonstrate that Jim somehow has a close connection with the state.

Q: Mr. Smith filed a case in a municipal court against Bob for a minor criminal violation. Dissatisfied with the decision of the court, Mr. Smith can now appeal the case in a court of record.

Q: The losing party in arbitration cannot appeal the arbitrator's decision in a regular court on the basis that the decision was unwise.

Q: International trade arbitration agreements are enforced through multilateral treaties.

Q: Minitrial is also known as a summary jury trial.

Q: When the issue in a case no longer exists or has become pointless, that issue is considered moot.

Q: Define the three steps involved in applying stare decisis.

Q: Mediators make decisions based on the merits of a dispute.

Q: The U.S. Supreme Court generally disfavors arbitration as a way to settle disputes.

Q: The parties to an arbitration proceeding can select an arbitrator in any way they desire.

Q: Describe the four steps in the process of legal interpretation.

Q: In the business world, the goal of preventative law is to increase profits by: A. imposing higher inheritance and income taxes on wealthy people. B. avoiding losses through fines and damage judgments. C. involving the client in the business-planning process. D. creating unenforceable contracts.

Q: The use of lawyers by business managers to help them plan avoidance of business emergencies and to help them comply with the rapidly growing mass of legal rules imposed on business operations by government bodies is called as: A. common law. B. preventive law. C. criminal law. D. substantive law.

Q: List the four basic functions of law.

Q: Describe the difference between criminal and civil law and the penalties that accompany violations of each.

Q: List the three ways in which courts make law.

Q: The work product privilege: A. prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice. B. covers information divulged to an attorney's subordinates (secretaries or paralegals). C. considers a lawyer to be an officer of the court who is bound to work for the advancement of justice while faithfully protecting the rightful interests of his clients. D. is derived from the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak fully and honestly with his attorney.

Q: When a lawyer agrees to represent a client, the lawyer agrees to: A. the reality that he will be liable for malpractice if he loses the case. B. exercise the skill, prudence and diligence expected of lawyers of ordinary skill and competence in the community. C. the probability that a court will likely second-guess the legal strategy he chooses to use in representing his client. D. the reality that the courts are likely to second-guess his professional judgment.

Q: Lee was charged with public intoxication. Shortly after being charged with the offense, he wrote a letter to his attorney explaining the circumstances surrounding his arrest. The letter is considered: A. privileged communication under the work-product privilege. B. privileged communication under the attorney-client privilege. C. privileged communication under legal positivism. D. privileged communication under legal realism.

Q: According to attorney-client privilege: A. the privilege does not apply until the attorney is actually retained by a client. B. an attorney is allowed to divulge confidential information communicated to the lawyer by a client in the course of seeking legal advice. C. a client must feel free to speak fully and honestly with his attorney if the judicial system is to function effectively. D. the privilege covers statements made in the presence of people other than the attorney or the attorney's subordinates.

Q: In addition to statements made to an attorney, the attorney-client privilege covers: A. information divulged to an attorney's subordinates, such as secretaries or paralegals. B. statements made in the presence of people other than the lawyer. C. statements made to a law-enforcement officer. D. information divulged in the presence of people other than the lawyer's subordinates.