Q&A Hero

Q: Which of the following is most likely to be the function of a judge? A. Determining the relevant facts B. Presenting evidence to the jury C. Serving as representative advocates in the courts D. Applying the law to the facts E. Arguing the law to the court

Q: The _____ Amendments to the Constitution guarantee the right to a jury trial. A. Sixth and Seventh B. First and Twelfth C. First and Seventh D. Second and Fifth E. Ninth and Fourteenth

Q: In civil cases, the right to trial by a jury is preserved in suits at common law when the amount in controversy exceeds: A. $20. B. $2,500. C. $500. D. $175. E. There is no minimum amount.

Q: The _____ jury is the trial jury that returns a verdict in both criminal and civil cases. A. grand B. appellate C. petit D. federal E. hung

Q: The main job of judges is to: A. determine the facts from the evidence in a jury trial. B. present the evidence to the jury. C. give juries no deference. D. apply the law to the facts. E. campaign for reelection.

Q: The government cannot ban political spending by corporations.

Q: Proponents of judicial restraint do not view the role of attorneys and the practice of law as that of social reform.

Q: The terms judicial restraint and judicial activism are not exclusive to particular judges and many may share aspects of both in their judicial philosophy.

Q: The philosophy of judicial restraint is sometimes referred to as strict constructionism.

Q: Those who believe in judicial restraint believe that social, political, and economic change in society should result from the political process rather than from court action.

Q: Activist courts tend to be more result conscious and to place less reliance on precedent.

Q: Declaring that seniority has preference over Affirmative Action layoffs is an example of a typical judicial restraint decision.

Q: Congress has created a separate U.S. Court of Appeals for each state.

Q: When the U.S. Supreme Court reviews petitions for a writ of certiorari, the writ is granted if four of the nine justices vote to take the case.

Q: A writ of certiorari is a request from the winner in a case to have the favorable judgment confirmed by a higher court.

Q: Every citizen must have his or her petition for a writ of certiorari granted by the U.S. Supreme Court by right.

Q: A lawyer cannot testify against a client, even if called to do so at a trial.

Q: The judicial power of the federal courts is defined and limited by the U.S. Constitution.

Q: All taxpaying American citizens automatically have the right to begin any lawsuit in any court they choose.

Q: Diversity of citizenship requires that all plaintiffs be citizens of different states from all defendants.

Q: A lawyer cannot be actively involved in the personal decisions of clients.

Q: A lawyer's first duty is to his client.

Q: The Sixth and Seventh Amendments of the U.S. Constitution guarantee the right to a jury trial in civil and criminal cases.

Q: Jurors are required to give reasons for their decisions.

Q: The judiciary can review the laws passed by the legislative body.

Q: Many states have rules allowing for juries of less than twelve in civil cases but all states continue to require juries of twelve in criminal matters.

Q: The results arrived at by juries of 6 and juries of 12 show quite discernable differences.

Q: In most states, a jury's decision must be unanimous.

Q: The U.S. Constitution does not specify the size of juries required in civil and criminal trials.

Q: According to Benjamin Cardozo, what are the forces that shape the progress of the law?

Q: Do you think justice would be better served if the human element could be removed from judicial decision-making? Would our system be better and more dependable if computers decided right and wrong?

Q: Taking the chapter a whole, what, in your opinion, are the most dangerous problems facing the American justice system, and what suggestions would you make to fix these problems?

Q: The members of the U.S. Supreme Court are called magistrates.

Q: In cases tried before a jury, the function of the jury is to decide questions of fact, but the judge still is responsible for deciding questions of law.

Q: In your opinion, do the decisions of the Supreme Court affect the daily lives of American citizens? What are the implications of 5-4 decisions, and are these any guide to how the populace views the court?

Q: Do you think it is a good or bad thing that the Supreme Court has become more divided? What benefits and problems do you see in this development, and what effect might it have on the average citizen?

Q: What benefits to society can activist judges effect, and how does their philosophy both respond to and advance society?

Q: Congratulations! You have just been sworn in as a member of your state's highest court. What will your judicial philosophy be? Will you likely practice judicial restraint or judicial activism? Why? Identify a current Supreme Court Justice that shares your chosen philosophy.

Q: Discuss your opinion about the Citizens United case. Thoroughly discuss the legal issues decided, the reasons given for the majority opinion, and whether you agree or disagree with the majority.

Q: What is the major reason Congress provides for diversity of citizenship jurisdiction and why could this help a litigant?

Q: What is the court process that a typical litigant will go through if they take their case from the beginning to the last court possible in a typical state court system?

Q: With regard to state court decisions, what is the extent of federal jurisdiction in these matters?

Q: What is judicial review? How did it originate and what was the rationale for its existence?

Q: What potential dangers do lawyers and law firms pose to the administration of justice?

Q: What is the purpose of having specialized lower state courts and how does this serve justice?

Q: Beatrice owns a trucking company in Texas, and is looking for a few new trucks to add to her fleet. She buys three trucks, each valued at $50,000, from the partnership of Ted & Larry Trucks. However, when Beatrice receives the trucks, it is obvious that they are in disrepair and not at all what she ordered. In preparation for bringing a suit against Ted & Larry Trucks, Beatrice finds out that the partnership was created in Louisiana, where Larry lives, and Ted lives in Texas. Should Beatrice file her claim in a state or federal court?

Q: How might corporate managers promote a culture of open communication within a corporation?

Q: Much has been made in recent years of the disparity of property in the United States. Many say that it is unjust that a small percentage of Americans can own and control a large majority of the country's wealth and resources. Many oppose this view, responding that the very nature of property acknowledges that some may have more than others, but are not immoral for using or controlling more resources. Discuss the various views on the morality of property and your own views on modern America's property disparity.

Q: Why is there a strong trend among states to require jury duty?

Q: Trial by jury is a Constitutional right that presents difficult issues when complex and complicated issues and cases arise. What are some of these issues?

Q: In most states, a jury's decision must be unanimous. What is the rationale behind such a requirement?

Q: Describe the functions and capacities that a lawyer serves in the legal system.

Q: Even with a code of ethics, why is it important for top management in a corporation to set an example for ethical conduct?

Q: What is meant by stakeholder theory and who are the stakeholders of a corporation?

Q: What were the four observations made by the Spanish journal, Boletin Circulo, about business ethics?

Q: Why should businesses promote openness in communication?

Q: Trevor works at Trevsinc, a company that has been buying from Stigg Corp for years. Stigg Corp., a private corporation, has been doing very well recently, and will soon go public, selling its stock on the open market. As appreciation for his years of loyal service, Stigg Corp. offers Trevor the option of buying a large block of stock at a low fixed price before the initial public offering. However, over the last few months, Trevor has been concerned that the management of Stigg Corp. may not be acting ethically, and that the success may be because of the management's risky actions. What ethical issues must Trevor consider?

Q: What are the purposes of permitting self-regulation, and what potential issues may arise from letting certain industries police themselves?

Q: When facing an ethical dilemma, what questions should you ask yourself before making a personal or business decision? Questions to ask: 1) Have I thought about whether the action I may take is right or wrong? 2) Will I be proud to tell of my action to my family, employer, or news media? 3) Am I willing for everyone to act as I am thinking of acting? 4) Will my decision cause harm to others or to the environment? 5) Will my actions violate the law?

Q: Do you think it is practical to live by the categorical imperative in a corporate world? What problems could arise by applying this philosophy in a business perspective?

Q: Achieving and maintaining an ethical business corporation is a laudable but difficult task. What are some of the obstacles that a corporation faces, by its very nature, in seeking an ethical culture?

Q: Peter is an 84-year-old with a heart condition. He has no family and minimal health insurance. He is on a fixed income and barely has enough money to survive. His doctor tells him that he needs to take a particular medicine for three months or his condition will severely worsen. The medicine will cost $450 and only $150 of the cost is covered by insurance. Peter goes to the bank and hands the teller a note saying, "Give me $300.00 or I'll detonate a bomb." When Peter is later apprehended, he told the police that he stole the money to buy needed medicine. Understanding that bank robbery is a crime, is there an ethical theory that can serve to justify Peter's actions?

Q: Of the two main systems of ethics, which do you think is better for a corporate philosophy? Compare the two giving examples of each and potential problems.

Q: How could a utilitarian argue for the view that the tobacco industry is a positive part of society?

Q: What roles do regulations serve in promoting or frustrating ethical decisions in the business world? Do you think there should be more or less regulations on business?

Q: Is the concept of due care a formalist or consequentialist concept? What are the difficulties in applying this to business actions?

Q: Civil rights leaders in their quest to promote civil rights and equality often held peaceful marches and non-violent sit-ins that they understood to be at times illegal. Their justification for their actions was to promote and give focus to inequities with the ultimate aim of reducing discrimination and establishing equal rights for all. Were these leaders acting ethically? Fully explain your answer citing the ethical theory you believe to apply.

Q: Placing himself behind a wall of self-ignorance, Rawls proposed what ethical principles?

Q: What potential problems arise from the modern corporate structure and its dependence on separation of the managers from the owners?

Q: Supporters of private property contend that adequate property in resources maximizes _____. A. gender equality. B. total resources for each individual. C. religious devotion. D. total wealth in society. E. communal fairness.

Q: The poor may benefit from a private property system more than the rich because private property systems promote _____. A. diversification of financial obligations. B. protections of all citizens' resources. C. accumulation of wealth. D. unethical conduct. E. gender equality.

Q: What is created through the morality of property, or the legal right to exclude others from the resources one has or acquires? A. A veil of ignorance B. A categorical imperative C. An economic interdependence D. A field of protection E. An exclusive private sphere

Q: How does the 2008 economic recession illustrate the potential problems of economic interdependence?

Q: How would a formalist and a consequentialist view an employer secretly monitoring an employee's e-mail messages?

Q: Which of the following is a national group of senior business leaders that has identified a general list of topics that organizational codes of business ethics should cover? A. The Corporate Deciders B. The Business Roundtable C. National Business Ethics Survey D. The Board of Review E. The Springfield Armory

Q: Hannah Arendt believed that immoral behavior was often the result of: A. apathy. B. ignorance. C. thoughtlessness. D. boredom. E. anger.

Q: Plato wrote that immoral behavior often flows from _____. A. apathy B. ignorance C. thoughtlessness D. boredom E. anger

Q: Stakeholder theory suggests that ethical corporate behavior: A. strongly relies on government interaction. B. focuses on whether corporate actions take the interests of all employees into account before making significant business decisions. C. depends on managers who recognize and take into account the various people whose interests the corporation impacts. D. takes unacceptable risks only when the risk has a reasonable likelihood of enriching the stakeholders net worth substantially. E. requires interaction between managers and customers to promote profit sharing.

Q: Which of the following is credited with this expression: "[T]he theory of the Communists may be summed up in a single sentence: Abolition of private property." A. Bertrand A. Russell B. Karl Marx C. Samuel Adams D. Justice Potter Stewart E. Albert Camus

Q: Opponents of the Civil Rights Act of 1964, in an attempt to prevent its passing, inserted a prohibition against _____ discrimination in employment, thinking that such discrimination was acceptable and that many others agreed with them. A. age B. religious C. sex D. race E. ethnic