BUS 230 Test

TEST1SPR2021THURSEVECLASS.docx

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HCCC – BUSINESS LAW – FALL 2020 TEST 1. SECTION 1: TRUE/FALSE.

(BUS-230-04 BUSINESS LAW – THURSDAY EVENING REMOTE/CLASS – WEBEX PLATFORM

(SPRING 2021)

(TEST 1 COVERS THE INSTRODUCTORY MATERIAL POWERPOINT WHICH INCLUDED CHAPTER1 (OUR SYSTEM OF LAW), CHAPTER 2 (COURTS AND JURISDICTION) AND CHAPTER 42 (ETHICS IN BUSINESS AND LAW).

INSTRUCTIONS ON PROVIDING ANSWERS TO INSTRUCTOR.

DUE DATE: THURSDAY, FEBRUARY 25, 2021 BY/NO LATER THAN 9:15 P.M.

YOU ARE TO PROVIDE AN “ANSWER SHEET ONLY” AND ATTACHED IT TO AN EMAIL TO ME AT THE SCHOOL’S EMAIL SYSTEM AS A WORD DOCUMENT OR PDF FILE ATTACHMENT.

WARNING!!!! DO NOT USE THE “FILE SHARING APP” BECAUSE FOR REASONS THAT ARE BEYOND ME THE SYSTEM DOES NOT ALLOW ME TO OPEN “FILE SHARING APPS.” ALSO, DO NOT PLACE YOUR ANSWERS IN THE BODY OF THE EMAIL.

DO NOT, I REPEAT-DO NOT PROVIDE YOUR ANSWERS ON TEST ITSELF AND SEND ME ALL OF IT AS AN ATTACHMENT. YOU ARE TO PROVIDE AN “ANSWER SHEET ONLY”.

FURTHER, YOUR “ANSWER SHEET ONLY” SHOULD HAVE YOUR FIRST AND LAST NAME INDICATED AND SHOULD BE PROPERLY NUMBERED SO I KNOW WHICH QUESTION OF THE TEST YOU ARE ANSWERING. YOU PLACE EITHER A CAPITAL“T”FOR “TRUE” IF YOUR ANSWER IS “TRUE,” OR A CAPITAL “F” IF YOUR ANSWER IS “FALSE.”

NOTE: NO OTHER HEIROGLYPHICS, SYMBOLS, CHARACTERS, MARKINGS, DRAWINGS WILL BE ACCEPTED. IT IS EITHER A CAPITAL “T” FOR “TRUE” OR A CAPITAL “F” FOR “FALSE.” ANY OTHER MARKINGS WILL BE GRADED AS THE QUESTION NOT BEING ANSWERED.

BEST FORM IS TO GO DOWN THE LEFT SIDE OF YOUR ANSWER PAGE/SHEET STARTING WITH #1 AND THEN AT ABOUT #26, PROCEED TO THE TOP OF THE MIDDLE OF THE PAGE ACROSS FROM #1 AND START WITH #26 AND GO DOWN THE PAGE/SHEET IN THAT MIDDLE COLUMN, ETC.

ALSO, IT IS A TRUE/FALSE EXAM. NO EXPLANATIONS OF YOUR ANSWER ARE PERMITTED AND CANNOT BE TAKEN INTO ACCOUNT.

NOTE – PENALTY. IF A STUDENT’S “ ANSWER SHEET ONLY ” IS NOT SENT IN IN ACCORDANCE WITH THESE INSTRUCTIONS BY THE DUE DATE INDICATED ABOVE AND THE INSTRUCTOR HAS NOT GRANTED AN EXTENSION TO THE STUDENT OR OTHERWISE EXCUSED THE STUDENT FROM SENDING THE TEST IN ON THE DUE DATE, THEN 3 PTS PER DAY WILL BE DEDUCTED FOR EACH DAY PAST THE DUE DATE UNTIL THE EXAM IS RECEIVED BY INSTRUCTOR FROM THE STUDENT.

THERE ARE 64 QUESTIONS TO BE ANSWERED EITHER TRUE OR FALSE. EACH QUESTION/ANSWER IS WORTH 1.6 POINTS. THIS MAKES A POTENTIAL POSSIBLE SCORE OF 102.4. THUS, 2.4 CURVE POINTS HAVE ALREADY BEEN BUILT INTO THE EXAM.

1.LAW CONSISTS OF RULES THAT GOVERNS/CONTROLS/REGULATES THE BEHAVIOR/CONDUCT OF THE INDIVIDUAL, THE GROUP, ENTITY/BUSINESS, OR GOVERNMENT IN SOCIETY.	T F

2. ONE OF THE MOST IMPORTANT ASPECTS OF THE LAW IS THAT IT IS ENFORCEABLE BY A LEGAL SYSTEM OF COURTS IN SOCIETY	T F

3. DEVELOPING “CRITICAL THINKING AND LEGAL REASONING SKILLS” IS IMPORTANT IN BUSINESS SO THAT A BUSINESS PERSON CAN EVALUATE HOW LAWS ARE APPLICABLE (RELEVANT) TO A GIVEN FACT SITUATION, DETERMINE HOW THE LAWS APPLY TO THAT FACT SITUATION, AND WHAT IS THE OUTCOME/RESULT/EFFECT/CONCLUSION OF THAT APPLICATION TO GUIDE A BUSINESS DECISION OR INFORM THE DECISION TO BE MADE.	T F

4. THE SIX (6) SOURCES OF LAW IN THE U.S. AND EACH OF THE STATES ARE CALLED “PRIMARY AUTHORITY OR PRIMARY SOURCES” BECAUSE THEY ARE THE ACTUAL LAW.	T F

5. A CONSTITUTION IS A WRITTEN DOCUMENT WHERE AN AGREEMENT IS MADE TO CREATE A GOVERNMENT WITH CERTAIN PRINCIPLES EXPRESSED REGARDING HOW THAT GOVERNMENT BEING CREATED IS TO BE ORGANIZED, ITS POWERS, ITS LIMITATIONS, ITS DUTIES, ETC., ALONG WITH A STATEMENT OF CERTAIN GENERAL LEGAL PRINCIPLES.	T F

6. THE U.S. CONSTITUTION IS CONSIDERED THE “SUPREME LAW OF THE LAND” MEANING THAT ANY AND ALL LAWS ENACTED/CREATED NO MATTER AT WHAT LEVEL OF GOVERNMENT IS NEVER HIGHER THAN IT AND ALL LAWS MUST BE IN ACCORD WITH THE U.S. CONSTITUTION AND NOT IN VIOLATION OF IT.	T F

7. A LAW IS CONSIDERED UNCONSITUTIONAL IF IT EXPANDS RIGHTS GIVEN TO CITIZENS BY THE U.S. CONSTITUTION.	T F

8. ON THE FEDERAL LEVEL, AN EXECUTIVE ORDER IS A DIRECTIVE/COMMAND BY THE PRESIDENT USUALLY DESIGNED TO IMPROVE THE PRACTICES AND OPERATION OF THE FEDERAL GOVERNMENT, BUT IT IS NOT A LAW	T F

9. ON THE FEDERAL LEVEL, AN EXECUTIVE ORDER CAN BE CHALLENGED IN ONLY ONE WAY AND THAT IS BY A LEGAL CHALLENGE BROUGHT IN THE COURT SYSTEM.	T F

10. IN THE U.S., A TREATY IS AN AGREEMENT BETWEEN ANY STATE WITH A FOREIGN GOVERNMENT THAT BINDS THE WHOLE NATION TO IT.	T F

11. A PROPOSED LAW DOES NOT BECOME A LAW UNTIL THE CHIEF EXECUTIVE (PRESIDENT ON THE FEDERAL LEVEL/GOVERNOR ON THE STATE LEVEL) SIGNS IT. IT THEN BECOMES A STATUTE.	T F

12. “STARE DECISIS” IS THE PRACTICE/CUSTOM/TRADITION OF DECIDING PRESENT OR NEW CASES IN THE AMERICAN (FEDERAL AND STATE) LEGAL SYSTEM BEING BROUGHT TO THE COURT SYSTEM OR IN THE COURT SYSTEM TODAY ALREAY BY REFERRING TO PRIOR COURT OPINIONS/DECISIONS WHICH ARE CONSIDERED PRECEDENT TO THE LEGAL PROBLEM (ISSUE/QUESTION) IN THAT CURRENT CASE.	T F

13. PRECEDENT ONLY REQUIRES THAT THERE BE ONE OF THE FOLLOWING PRESENT IN THAT PRIOR CASE FOUND – THAT THERE BE SIMILAR OR SUBSTANTIALLY SIMILAR FACTS TO THE CURRENT CASE.	T F

14. “STARE DECISIS” MAKES A DISTINCTION IN PRECEDENT BETWEEN EITHER MANDATORY BINDING PRECEDENT/AUTHORITY OR PERSUASIVE PRECEDENT/AUTHORITY.	T F

15. THE EFFECT OF MANDATORY BINDING PRECEDENT/AUTHORITY IS THAT A LOWER LEVEL COURT TODAY THAN THE COURT ISSUING THE MANDATORY BINDING PRECEDENT IS TO BE MORE STRONGLY COMPELLED TO BE GUIDED BY IT IN TERMS OF THE RESULT REACHED.	T F

16. UNDER “STARE DECISIS”, THE BIG EXCEPTION TO BEING MORE STRONGLY COMPELLED FOR A COURT TO BE GUIDED BY MANDATORY BINDING PRECEDENT/AUTHORITY IS “UNLESS THERE IS A GOOD LEGAL REASON FOR THE COURT NOT TO BE MORE STRONGLY COMPELLED TO BE GUIDED BY IT.”	T F

17. AS A RESULT OF THE AMERICAN REVOLUTIONARY WAR VICTORY AGAINST ENGLAND, A TRUE DEMOCRACY WAS CREATED IN THE MODEL OF THE ANCIENT GREEK DEMOCRACY WHICH EMPHASIZES RULE BY THE PEOPLE AND NOT REPRESENTATIVES ELECTED BY THE PEOPLE.	T F

18. COURTS EVOLVED IN OUR NATION AND EACH OF THE STATES AS A RESULT OF OUR FOUNDING PHILOSOPHY AND TYPE OF REPRESENTATIVE GOVERNMENT WE CREATED SO THAT SINCE AND DOWN TO TODAY COURTS IN ALL JURISDICTIONS (FEDERAL OR ANY STATE) SPEND 99% OF THEIR TIME INTERPRETING AND APPLYING EXISTING GOVERNMENT ENACTED LAW AS IT APPLIES TO THE CASES BEFORE IT.	T F

19. A NATION THAT HAS THE CIVIL CODE LEGAL SYSTEM IS A LEGAL SYSTEM BASED ON LAW PASSED BY THE GOVERNING BODIES BUT ALSO INCORPORATES THE ENGLISH COMMON LAW LEGAL SYSTEM BASED ON STARE DECISIS AND PRECEDENT.	T F

20. AN ADMINISTRATIVE LAW CONSISTS OF THE RULES AND REGULATIONS CREATED BY THE GOVERNMENT AGENCIES AT ALL LEVELS OF GOVERNMENT CHARGED WITH RESPONSIBILITY CREATING RULES/REGULATIONS FOR THE AREA OF LAW THAT HAS BEEN ASSIGNED TO IT AS WELL AS TO ENFORCE ITS OWN RULES AND REGULATIONS.	T F

21. EVEN THOUGH “MORAL LAW” IS CONCERNED WITH THE OBLIGATIONS/DUTIES MORALLY THAT PEOPLE OWE TO EACH OTHER, THESE LAWS CAN STILL BE ENFORCED IN THE COURT SYSTEM OF THE FEDERAL GOVERNMENT AND IN THAT OF EACH STATE.	T F

22. IT IS CONSIDERED A MORAL DUTY TO COME TO THE RESCUE OF ANOTHER HUMAN BEING, BUT THERE IS NO LEGAL DUTY TO DO SO ESPECIALLY IF YOU LIVE IN A STATE THAT HAS NO LAWS IMPOSING SUCH A LEGAL DUTY.	T F

23. APPELLATE JURIDICTION (AUTHORITY) MEANS THE POWER/AUTHORITY OF A COURT TO REVIEW THE DECISION OF A LOWER COURT AND MAKE A DETERMINATION OF WHETHER ERRORS OF SUBSTANTIVE OR PROCEDURAL LAW WERE COMMITTED.	T F

24. THE CIRCUIT COURTS OF APPEAL ARE THE TRIAL COURTS OF THE FEDERAL COURT SYSTEM	T F

25. FEDERAL EXCLUSIVE JURISDICTION MEANS THAT THE FEDERAL COURTS HAVE THE POWER/AUTHORITY OVER A PARTICULAR AREA OR SUBJECT MATTER, I.E. FEDERAL QUESTIONS.	T F

26. THE SUPREME COURT OF THE U.S. WAS MADE A COURT OF “DISCRETION” BY CONGRESS MEANING THAT IT DECIDES WHICH CASES IT WILL TAKE PER COURT TERM (OCTOBER-MARCH) AND THE GUIDELINE IS WHAT CASES THEY FIND TO BE LEGALLY SIGNIFICANT AT THAT TIME.	T F

27. A CONCURRING OPINION IS AN OPINION WRITTEN BY A JUDGE WHO SAT/HEARD A CASE AND VOTED WITH THE MAJORITY ON WHO SHOULD PREVAIL (WIN), BUT NOT FOR THE REASONS WHY THE MAJORITY RULED THAT WAY.	T F

28. A DISSENTING OPINION IS AN OPINION WRITTEN BY A JUDGE WHO SAT/HEARD A CASE, WHO DID NOT VOTE WITH THE MAJORITY AS TO WHO SHOULD PREVAIL AND FEELS STRONGLY ABOUT WHY THE OTHER PARTY SHOULD HAVE PREVAILED AND SETS FORTH HIS/HER OPINION AS TO WHY HE/SHE FEELS THAT WAY.	T F

29. The unfair results and limited remedies provided by the law courts led to the creation of the Chancery (Equity)Courts.	T F

30. The Federal Statutes passed by the U.S. Congress are considered the supreme law of the land in the United States.	T F

31. Ordinances are codified laws that are issued by local government bodies.	T F

32. The doctrine of stare decisis helps in creating stability, predictability and flexibility in the American legal system by allowing the use of precedent in deciding future cases.	T F

33. Precedent in the American Legal System (Federal and each of the States is defined as a prior written published judicial opinion that: (1) has similar or substantially similar facts as the current case in the legal system or to be taken into the legal system; and (2) has the same question/issue/dispute of law in it or same principles of law applying as the current case in the legal system or to be taken into the legal system	T F

34. A treaty does not require Senate approval before being passed.	T F

35. Statutes what the laws are called when enacted by Congress and state legislatures and signed by the respective chief executive of the executive branch: the President on the federal level, the Governor on the state level.	T F

36. Executive orders are an example of codified/statutory law.	T F

37. Executive orders are issued only by the executive branch of the federal or state governments.	T F

38. More often than not, the law does not provide a bright-line answer, so legal scholars, lawyers and courts must often consider the "gray areas" in determining legal disputes.	T F

39. Conducting trials related to felonies and civil disputes is a function of the State Supreme Courts.	T F

40. In general-jurisdiction trial courts, the testimony and evidence at trial are recorded and stored for future reference	T F

41. Intermediate (mid-level) appellate courts review new evidence or testimony that was not seen or heard in the lower courts.	T F

42. The justices of the U.S. Supreme Court are appointed by being nominated by the President and confirmed by the U.S. Senate.	T F

43. In the United States, each state has only a single Federal District Court.	T F

44. The jurisdiction (authority and power) of the U.S. Supreme Court, which is an appellate court, hears appeals from federal circuit courts of appeals and, under certain circumstances, from federal district courts, special federal courts, and the highest state courts. No new evidence or testimony is heard. As with other appellate courts, the lower court record is reviewed to determine whether there has been an error that warrants a reversal or modification of the decision. Legal briefs are filed, and the parties are granted a brief oral hearing. The Supreme Court's decision is final.	T F

45. In the U.S. Supreme Court, if all the justices voting agree as to the outcome and reasoning used to decide a case, it is a majority decision.	T F

46. The U.S. Congress gave the Supreme Court discretion to decide what cases it will hear.	T F

47. “Diversity of citizenship” cases refer to cases arising under the U.S. Constitution, treaties, and federal statutes and regulations.	T F

48. For “federal question” cases to be brought in a federal court, the dollar amount of the controversy must exceed $75,000.	T F

49. Ethics is the philosophy of moral principles or values and addresses what is good or bad behavior or right or wrong behavior that governs the conduct of an individual or a group.	T F

50. All laws are framed to meet the highest ethical standards.	T F

51. An ethically wrong situation or condition can still be legal.	T F

52. In some situations, the law may permit an act that is ethically wrong and ethics may require an act that the law prohibits.	T F

53. Ethical fundamentalism is an ethical theory where a person adheres to rules or commands that are from an outside source, like a book or a central figure.	T F

54. Charlotte works as a teacher in Africa. Every Sunday, she visits nearby villages and convinces families to send their children to school. She arranges accommodation for these children and helps them with their education. In a recent interview, Charlotte mentioned that she looks up to Mother Teresa not only for inspiration but also to resolve ethical dilemmas. The ethical theory that would support Charlotte's approach to ethics is ethical relativism.	T F

55. Rawls's social justice theory is a moral theory which asserts that fairness is the essence of justice.	T F

56. A perceived disadvantage of Rawls's social justice theory is that it does not consider the fact that people would not want to maximize benefits for the least advantaged persons	T F

57. Ethical relativism is a moral theory which holds that individuals must decide what is ethical based on their own feelings about what is right and wrong.	T F

58. Utilitarianism is a theory that chooses the greatest good to society but does not mean the greatest good for the greatest number of people.	T F

59. If an action would increase the good of twenty-five people by one unit each and an alternative action would increase the good of one person by twenty-five units, then, according to utilitarianism, the latter action should be taken.	T F

60. According to Rawls's social justice theory, a person who is in a state of "veil of ignorance" is best fit to select the fairest possible ethical principles.	T F

61. A social responsibility theory of business which says that a corporation's duty is to make a profit while avoiding causing harm to others is referred to as the moral minimum	T F

62. Social responsibility of business requires corporations and businesses to act with awareness of the consequences and impact that their decisions will have on others. Thus, corporations and businesses are considered to owe some degree of responsibility for their actions to society.	T F

63. The Sarbanes-Oxley Act, enacted by Congress in 2002, requires public companies to adopt codes of ethics and establishes criminal penalties for companies that partake in violations.	T F

64. "Corporate citizenship" as a social responsibility theory in business states that businesses are responsible to even helping solve social problems that they did not cause.	T F