Q&A Hero

Q: Creation of codes of ethics is far more important than implementation and enforcement of those codes.

Q: Due care usually promotes individual rights and self-worth.

Q: In negligence law, failure to exercise due (or reasonable) care is the principal element that triggers liability against a defendant.

Q: For a consequentialist, lying itself is considered unethical.

Q: The Protestant ethic was a boon to capitalism, but the religious basis of the Protestant ethic was eroded by rising wealth and the encouragement of mass consumption.

Q: A formalist is most likely to conclude that a businesss secret monitoring of employees is ethical if the monitoring reveals a significant number of crimes or malfeasance, providing a net good for the business.

Q: When faced with a dilemma, a consequentialist would rely on absolutism.

Q: The way to understand the ethical-legal relationship is to realize that in a society ethical values frequently become law and that legal regulation can reflect the societys ethical values.

Q: Courts have examined due care in negligence cases in terms of a balancing test.

Q: The social contract theory is based on duty and not on contract or agreement.

Q: According to the social contract theory, though there may be social and economic inequalities, these inequalities must be based on what a person does, not on who a person is.

Q: Consequentialism concerns itself with the morality of the actions themselves.

Q: Utilitarianism judges actions by the morality of the actions and not by usefulness.

Q: Business ethics reflect elements of both formalism and consequentialism, but tend to focus more heavily on the former.

Q: Formalism is primarily a duty-based view of ethics.

Q: The foundation of John Rawlss social contract theory is a firm belief that knowledge of peoples age, gender, race, intelligence, strength, wealth, or social status will create a just society.

Q: Laws regarding traffic violations predominantly address ethical concerns.

Q: According to formalist thinker Immanuel Kant, to have good intent, one has to make an exception for ones own behavior.

Q: The news media and the Internet make it increasingly difficult to hide the questionable behavior of large organizations.

Q: According to Adam Smith, leading a good life means being solely concerned about the fortunes of oneself.

Q: Adam Smith, the author of The Wealth of Nations, denied the existence of any moral element in human nature that goes beyond self-interest.

Q: To succeed in international operations, businesses must be sensitive to differences in moral values.

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

Q: What are compensatory damages?

Q: Federal sentencing guidelines reduce criminal fines for legal violations in companies that have taken specific steps to self-police ethical/legal conduct.

Q: In society at large, the sharing of moral values hinders social cooperation and increases social control.

Q: Diversity reduces concerns over ethical values.

Q: Increasing economic interdependence prevents executives and managers at a firm from manipulating corporate actions for their own benefit.

Q: Define a corporation.

Q: How does corporate governance break down due to the illegal actions of managers?

Q: What are exemplary damages?

Q: What sanctions may be imposed for violating statutes and regulations?

Q: What is constitutional relativity? How does it affect stare decisis?

Q: Briefly explain conflicts of law.

Q: List the various sources of law and their order of hierarchy.

Q: The Fourteenth Amendment recognizes that law may be enforced by taking resources owned by a citizen. Name the instances in which someones resources may be taken.

Q: Differentiate between an intentional tort and negligence.

Q: What are opinions, precedents, and citations?

Q: What information can be obtained from the citation of a case?

Q: List any two disadvantages of case law.

Q: Distinguish between holding and dicta in prior precedent.

Q: What is private law? What are its categories?

Q: Briefly describe civil law and criminal law.

Q: Briefly describe stare decisis.

Q: Briefly explain the importance of federal law.

Q: What are acts, statutes, and codes?

Q: Describe public law and its categories.

Q: Briefly explain the rule of law.

Q: With reference to property in the legal sense, what are the three main types of ownership?

Q: Compare natural law and positive law in jurisprudence.

Q: Illustrate the concept of sociological jurisprudence with an example.

Q: Differentiate between substantive law and procedural law.

Q: Briefly describe the two major legal systems: common law and civil law.

Q: Punitive damages are frequently awarded in _____. A. ordinary negligence cases B. intentional tort cases C. strict liability cases D. equal protection cases E. overbreadth doctrine cases

Q: In a broad general sense, _____ includes the legal property relations that large businesses have with each other, with their customers, and with society. A. corporate governance B. specific performance C. stare decisis D. tort law E. strict liability

Q: _____ refers to the legal rules that structure, empower, and regulate the agents of organizations and define their relationships to the owners. A. Voir dire B. Res judicata C. Corporate relativity D. Corporate governance E. Categorical imperative

Q: Which of the following usually requires a plaintiff to prove only that a defendant has injured something proper to the plaintiff? A. Torts of negligence B. Intentional torts C. Strict liability torts D. Statutory torts E. Torts of nuisance

Q: Why is law considered to be a formal social force?

Q: Why is law considered to be the most significant of social forces in modern nations?

Q: Coach Kleats is in charge of the softball team at Phoenix Junior School. He loses his temper with one of the substitutes following a game and slams the child against the lockers in his anger. The child is badly bruised and is bleeding from the nose. In this scenario, the coach can be sued for committing a(n) _____. A. tort of negligence B. intentional tort C. strict liability tort D. statutory tort E. tort of nuisance

Q: Which of the following is an order by the court commanding the other party actually to perform a bargain as agreed? A. De novo judicial review B. Obiter dicta C. Stare decisis D. Specific performance E. Eminent rationality

Q: Which of the following sanctions are awarded with the objective of ensuring that a party be in as good a position as he or she would have been in had the contract been performed? A. Punitive damages B. Compensatory damages C. Incidental damages D. Exemplary damages E. Liquidation damages

Q: The right of an individual to take another persons resources because that person has failed to meet the requirements of the law is known as a _____. A. precedent B. citation C. remedy D. dicta E. holding

Q: A _____ is a civil wrong other than a breach of contract. A. caucus B. tort C. sanction D. remedy E. dicta

Q: Which of the following statements is true of a breach of contract? A. A tort is a kind of breach of contract, which is a civil wrongdoing. B. Damages make most parties totally whole because as a general rule they include attorneys fees. C. A contract can be rescinded only if both the parties to the contract agree to it. D. The remedy for an injured party may be a decree of specific performance under certain circumstances. E. Breach-of-contract cases may not award any consequential damages under any circumstances.

Q: The administrative agencies in the City of Dover have passed a written law banning smoking in most restaurants and bars. This legislation is an example of a(n) __________. A. statute B. act C. regulation D. ordinance E. jurisprudence

Q: Which of the following are essential to locate prior precedents? A. Codes B. Remediations C. Citations D. Dicta E. Torts

Q: Which of the following refers to judicial decisions that apply to legal problems and interpret the relevant constitutional, legislative, and regulatory laws? A. Case law B. Procedural law C. Substantive law D. Commercial law E. Tort law

Q: The source of law that ranks the lowest among all the others is a _____. A. local ordinance B. statute C. case law D. state administrative regulation E. federal administration regulation

Q: _____ are in effect a form of punishment for violating the law and have a preventive function. A. Ordinances B. Statutes C. Sanctions D. Torts E. Opinions

Q: One important advantage of stare decisis was __________. A. increased emphasis on dicta than on holding B. the elimination of alternative dispute resolution methods C. security with regard to property D. limited volume of cases E. rejection of precedent

Q: Which of the following sources of law ranks the highest in the hierarchy of sources of law? A. Local ordinances B. State constitutions C. Statutes of Congress D. State administrative regulations E. U.S. Constitution and Amendments

Q: The Latin meaning of the word stare decisis is __________. A. speak the truth B. let the prior decision stand C. the thing has been decided D. let the plaintiff beware E. the rationale for the decision

Q: Collections of legislation, often on the same subject, passed by the Congress are called __________. A. precedents B. opinions C. ordinances D. codes E. citations

Q: Following much debate, the Congress has decided to pass a bill that will increase the taxes on tobacco sales. This legislation is called a(n) __________. A. statute B. regulation C. ordinance D. tort E. citation

Q: Which of the following are judicial decisions that interpret the relevant constitutional, legislative, and regulatory laws? A. Citations B. Injunctions C. Case law D. Dicta E. Statutes

Q: In constitutional law, the idea that courts should understand the meaning of the Constitution relative to the times in which they interpret it is known as _____. A. constitutional holding B. legal realism C. legal originalism D. constitutional relativity E. constitutional governance

Q: _____ stands for the idea that courts should interpret the Constitution only according to the intentions of those who wrote it. A. Constitutional relativity B. Originalism C. Legal realism D. Dicta E. Constitutional holding

Q: According to _____, judges in current cases follow whenever possible the interpretation of law determined by judges in prior cases. A. stare decisis B. writ of certiorari C. ratio decidendi D. constitutional relativism E. legal realism

Q: When judges who decide appeals from trial courts make decisions on legal issues, they write their decisions, or _____, setting out reasons. A. citations B. opinions C. codes D. statutes E. ordinances