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Charlie is summoned for jury duty. While still in the selection process, it is discovered that one of the parties to the case used to
- Charlie is summoned for jury duty. While still in the selection process, it is discovered that one of the parties to the case used to be an old friend and neighbor of Charlie's. Which of the following would most likely happen?
- Charlie would be excluded for cause.
- Charlie would be preserved on the jury since he would have inside information about one of the parties.
- Charlie would be excluded through preemptory challenge.
- Charlie can refuse to serve on the jury.
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- A television producer/director receives the following script designed to celebrate National Donut Day.As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.
- Help her out:Identify the actor and the dialogue which illustrates the legal theory.
- DONUT DAY AT THE OFFICE
- Part 1 -(The scene is a lunchroom or break room. There are at least three round tables visible and perhaps a vending machine, microwave, or refrigerator in the background. Of the three tables, no one is sitting at the center table as the scene opens.)
- Karen: (She walks in carrying two big boxes of donuts and places them on the center table.) Allied Chemical just dropped these off to thank us for our work on the "Expressly Hair" project. Have fun. (She says unenthusiastically. She shows absolutely no interest in the donuts and quickly leaves. Everyone else, except Alison, immediately stands. Alison is still showing an interest in the goodies but not moving toward them. Joyce immediately positions herself between the donuts and Bob.)
- Bob: It's a donut festival!
- Joyce: (She moves to block and slow him, as if checking him in basketball.) Just wait a second! We have to first establish the rules.
- Bob: Rules, in a donut festival?
- Joyce: Yes rules. Last time donuts like these were brought in, Winfred got a broken nose and, once again, Alison didn't get any. We aren't animals. If we don't slow down, someone is going to accidentally eat the cardboard again.
- Bob: Oh, no. Here we go. Where's the PowerPoint?
- Joyce: There are guidelines in the employee handbook that have been developed over many years that detail out exactly what is to be done with these kind of employee gifts. (She opens a thick binder.) Nearly any scenario you can imagine has been detailed out in section 34 (b), including pastries from chemical companies. Practices and procedures have been set and we would be smart to follow them.End Part 1
- Part 2 -Bob: Listen, donuts are made to bring joy into our lives and to wake up or glazed faculties. Just let them be distributed according to unchanging moral principles of justice. The donuts will distribute themselves according to natural principles.We just take what we want and the leftovers will be appreciated by they who enjoy them most. Don't over complicate this. Where's the chocolate milk?End Part 2
- Part 3 -Joyce: We had a lawsuit filed about this after the pastry rumble of 2017 and there was.... Oh yeah, I remember there were some specific rules that are detailed out in 34 (b), section 4.
- Bob: Those stupid rules were made after Winfred face-planted in the donuts when he slipped trying to get past Alison. They don't apply here. There wouldn't even be donut rules if he'd paid attention to his own big feet.End Part 3
- Part 4 -Lee: Right. Inflexible rules, applied the same way every time and in every situation, are just a sign of corporate insanity. This is a company that knows how to adapt and make smart decisions based on the circumstances at hand. Remember when we found out that Allied Chemical hair gel accelerated hair growth at twice the industry standard ... just before the hair would fall out? Remember what happened to Winfred after he tested out the stuff for us? Remember how happy Allied Chemical was with us when we figured how to market their goop anyway? Dogmatic rules are made to be broken by the enlightened and that's what we are now officially "the enlightened" of the break room.End Part 4
- Part 5 -Derek: We need someone we can trust who can divide up the donuts. One set of rules can't always be applied here. If we had an impartial judge or two in the mix, someone who doesn't like donuts perhaps, they could take into account all of the changing factors impacting our donut sphere and make up rules that will bring glazed-happiness to all who seek it.End Part 5
- Part 6 -Bob: Donut spheres? Glazed happiness? Anyone notice who is not eating donuts right now? Are we about to form a blue-ribbon commission here?
- David: Bob, don't you see what's happening. While we fight over which one of us gets the goodies, our coworkers, who are actually working by the way, are missing out on these delicious chemical donuts. Meanwhile our friend Alison will be left out of the mix as well as Winfred, who is again in the hospital. What about our custodial and shipping people who are relegated to the basement world? Once again, they will get no goodies and they are the ones doing the actual work. They aren't even allowed up here in our break room because we don't want their greasy hands on our microwave. The only good reason for rules here is to protect the donut-less among us. Donut laws are not any good unless they address the glazed inequalities that would not otherwise even be considered.End Part 6
- Part 7 -Alison: (She stands during David's speech as if inspired but sits down once Bob starts talking.)
- Bob: Right. Power to the people David. Anyone else hungry? (He tries to slowly move to the donuts and Joyce continues to defend them like a point guard.)
- Lee: I have an idea that might address all of these issues. What if none of us have any of these donuts but instead we break up into teams and sell them to our coworkers for a profit? Instead of getting one or two donuts, we can stop on our way home and pick up a dozen of them each with our profits. In this case, we ignore the company stuck-in-the-mud book regulations because, as you can see, we are obviously presented with some opportunities for a little economic development. Corporate rules here must bow to economic opportunity. If we let our rules block our prosperity, what kind of company will we become?End Part 7
- Part 8 -(Just then Calvin, the fit CEO, comes jogging into the room with a water bottle in hand. He spots the donuts and shows his disgust.) Calvin: Why do people inflict such nasty, sugar-coated poison on all of us?! A healthy workplace is a happy workplace. (He takes both boxes of donuts, puts them in a small, dirty, battered trash can and steps on them to squash them down, making them suddenly inedible. He smiles at everyone as if they all agree that he has done them a great service.)
- Calvin: That's my job as CEO, to help everyone realize a long and happy life! Cheers! (He runs from the room as everyone looks on in stunned silence. After a couple of seconds Bob collapses on the floor next to the garbage can, looking at the destroyed donuts as if they were a long-lost love.)End Part 8
- Part 4
- Part 5
- Part 8
- Part 3
- Part 1
- Part 2
- Part 6
- Part 7
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- Historical perspective school of thought.Law and economics school of thought.Sociological school of thought.Irrational forces perspective.Legal realism school of thought.Critical legal studies school of thought.Natural law school of thought.Command school of thought.
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- An appeals court feels that a lower court has made an incorrect judgment concerning a civil law case. Which of the following would be the mostly reason to remand the case back to the lower court?
- The appellate court wants the lower court to handle the case, since it is a civil rather than criminal case.
- The appellate court found a mistake of fact that occurred during the initial trial.
- The appellate court wants to see more evidence before it can make an informed decision.
- The appellate court found a mistake of law that occurred during the initial trial.
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- Clara is suing David because of a property dispute. Clara and David are from different states, so it is not readily clear which state has jurisdiction over this case. Which of the following is true?
- Jurisdiction falls in David's state of residence, since he is the one being summoned to court.
- Jurisdiction depends solely on where the property - the focus of the dispute - is located.
- Jurisdiction can fall in whichever state has subject matter or personal jurisdiction, likely depending on which state Clara feels will give her a more favorable outcome for her case.
- Jurisdiction falls in Clara's state of residence, since she is the plaintiff.
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- Sally and Kirk are at odds over the details of a business contract. Neither of them wants to go to court, but they both refuse to make a compromise on the terms they expect from one another. Which of the following would most easily force them to a resolution?
- Negotiation
- Legally-binding arbitration
- Legally-binding mediation
- Non-binding arbitration
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- Annie is an observer to a legal dispute between two of the tenants in a building she manages. She has documented information relevant to the case but prefers not to get involved in the dispute. Which of the following is true?
- Annie can be required via subpoena to provide the information she has.
- Annie cannot provide any information since her position as a manager precludes her ability to be unbiased.
- Annie can refuse any attempt to involve her in the dispute between her tenants.
- Annie is required by Good Samaritan laws to put forth any information she has relevant to the case.
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- Match each scenario or question with the school of jurisprudential thought that is most clearly exhibited.
- A new law is established in the town of Avery that promotes affirmative action employment for people trans-gender and homosexual individuals. This law would be in pursuance of the tenets of the __________ school of jurisprudential thought.
- The government of Sharonville is deep in debt, and consequently enacts a city ordinance that requires citizens to do volunteer work for the city once per week. Such and act would be in accordance with the __________ school of jurisprudential thought.
- A law which promotes the opportunity for foreign workers to obtain employment, housing, and medical care regardless of their citizenship status would likely fall under which school of jurisprudential thought?
- Which jurisprudential school of thought relies the most upon precedent in establishing law?
- After a tragic event in which an armed intruder storms into a mall and fatally shoots several people, the city of Belmonte institutes a law that prohibits any form of weapon in public retail establishments. This reaction would be an example of following which school of jurisprudential thought?
- Dixonville has had fundamentally the same demographics, economic system, and social structure for decades. In recent years these factors have begun to shift, causing many to call for new legislation and legal practices. Shifting the legal structure of Dixonville in order to account for the changes that are occurring would be in accordance with the __________ school of jurisprudential thought.
- Laws which are meant to promote free trade and market efficiency likely fall under which school of jurisprudential thought?
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- HistoricalCommandLegal RealismLaw and EconomicsNatural LawIrrational ForcesSociological
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- Sage files a complaint against Isabel, alleging that Isabel is responsible for damages to Sage's property. Isabel thinks the allegations are ridiculous and doesn't bother to respond to the complaint with which she has been served. Which of the following is likely true?
- A court can judge in Sage's favor because Isabel seems to be constructively admitting to Sage's allegations.
- A court will not open a case or post a judgment until Isabel chooses to respond.
- A court can judge in Sage favor because Isabel is not bargaining in good faith.
- A court can judge in Isabel's favor even if she doesn't respond if it appears Sages allegations are frivolous.
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- Match each situation with the court that would most likely address it.
- Neither prompt matches this item.
- Federico is in a financial dispute. He is trying to collect money for services rendered, but the debtor does not want to pay the money owed to Federico.
- Adelyn is in a financial dispute with her creditor. She wants to declare bankruptcy because she is finding herself unable to meet the requirements of paying off her debt.
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- U.S. Tax CourtState Small Claims CourtU.S. Bankruptcy Court
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- Match each prompt with the law or principle of law which is most relevant.
- Claudia feels strongly against a law that was recently passed in her hometown. She proceeds to write letters to the local newspaper criticizing the effect of the law. She also marches up and down the sidewalk in front of city hall loudly publicizing her contradictory point of view.
- A law was recently passed in the city of Birmingdon that specifies a long list of restrictions on disposing of different kinds of waste material. The law is long, meticulous, and complicated, and many citizens do not understand all the points of the law or the purpose it is meant to fulfill. Citizens are commonly caught breaking the ordinance.
- Devon is accused of robbing a jewelry store and is summarily thrown in jail.
- The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate.
- Drag and drop the choices from below.
- Equal Protection LawsProcedural Due ProcessSubstantive Due ProcessFirst Amendment
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- Which of the following situations would not substantiate proper standing to sue?
- Tyler wants to sue Kevin after Kevin harms Tyler's sister in a car crash which leaves her sister in a coma.
- Aniesha wants to sue her neighbor Robert after seeing him engage in criminal animal cruelty.
- TreesForDays, an environmental activist group, wants to sue a company dumping chemicals into a river in a different state.
- Calvin wants to sue his sister after finding out she has been taking cash from the cash register at the family business. Answer: B
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- Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true?
- If the plaintiff does have unambiguous evidence that meets a "clear and convincing" burden of proof, Casey will most likely be found guilty.
- The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.
- If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted.
- Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway.
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- Which of the following situations would most likely receive a change of venue?
- A local teacher is taken to court after a video of him beating his students goes viral.
- A defendant in a case requests a change of venue because the location of the trial is inconveniently far away from the state where he lives.
- An employer who is accused of racially-discriminatory practices wants a change of venue when it finds out that the local venue judge is African-American.
- A woman wants a change of venue when it appears that all jurors to the case will be male.
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- Examine the following scenarios and determine which principle of International Law is at play.
- Nation A makes is illegal for its citizens to own more than one vehicle in order to reduce emissions. Nation A's neighbor Nation B disagrees with the decision and refuses to enforce it in its own borders but refrains from contesting the decision in court.
- Nation A builds a new highway next to citizens' properties. In the months following, littering as well as several highway accidents result in damage to the properties. The property owners want to sue the government for damages, but are restrained by:
- Nation A is neighbors with Nation B. When an international crime lord who operates in both countries is captured by Nation A, it sentences him to a lifetime of heavy labor. Nation B wants to have the criminal executed, but it defers to Nation A's judgment.
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- Comity of NationsAct of State DoctrineSovereign Immunity
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- Radcliffe is a college business professor with little education but extensive experience in business. A treaty negotiating the free trade of educational opportunities was just passed between Canada and the U.S., and it includes a condition that all university professors must have at least a master's degree in order to teach. Which of the following is true?
- Radcliffe may not be restricted from teaching if his university has no rule concerning the need for a master's degree.
- Radcliffe may still teach as long as he only teaches in the U.S.
- The treaty is only enforceable if it doesn't conflict with state law in Radcliffe's state.
- Radcliffe no longer meets the qualifications to teach.
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- Country A and Country B have had an informal trading arrangement for many years wherein merchants on the border of the countries may freely trade goods without the restriction offees. Which of the following is true?
- The government of Country A may not arbitrarily begin to charge fees for items brought in from Country B.
- More than one response is correct.
- Country A and Country B have a binding agreement to this arrangement under customary international law.
- Country A and Country B have no binding agreement under customary international law.
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- Determine for each scenario which moral standard of social responsibility each business is observing.
- Genie's company is considering building an annex to its main factory. While deciding on the project, the board of directors discusses the impact the the annex would have on the local community, shareholders, company profits, and nearby landowners.
- Brad's company has a smokestack that pollutes the air in a nearby community. When people begin complaining about the pollution, the company pays to have a stack scrubber installed on the smokestack to limit the pollution but does not respond to the community's complaints.
- Vivian's company is considering building a huge new department store in a small town. The community argues that the store will disrupt local commerce and harm local business owners. Vivian argues that the store will save money for customers and bring more jobs to the community. Assume both arguments are true.
- Earl's company wants to change the material it uses for its products to a cheaper, less-durable material. Processing the material causes more waste and the final products will not be as safe for customers.
- Meg's company decided to build an additional factory in a small community. When the community started a protest because of the negative impact it feels a factory will have on the community, Meg's company promises to prevent and pay for any negative impact to the community. It also offers to build a community park to balance out the negative impact the factory will have.
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- Corporate Citizenship Moral StandardProfit-Maximizing Moral StandardStakeholder Theory Moral StandardIndeterminableMoral Minimum Standard
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- NoraCorp wants to meet a moral minimum of ethical behavior in its operations. It is planning a merger with another company which would cause any or all of the following:
- I)Stock price will go up, positively impacting shareholders
- II)The company could build a new central headquarters, negatively impacting landowners and community members by decreasing property values
- III)The company could fire 200 employees
- IV)The company afford a new production facility, which would negatively impact the environment and landowners' property
- V)The company could offer more, higher-quality products to customers for lower cost, positively impacting them.
- NoreCorp decides to move forward with the merger. All of the above events occur, but NoraCorp offersseverance packages to the employees it fires and plans to compensate landowners for damages caused by the new production facility. Which of the following is true?
- NoraCorp has met its moral minimum requirements.
- NoraCorp has exceeded its moral minimum requirements, meeting g a corporate citizenship standard.
- It is impossible to determine whether the company has met a moral minimum standard of ethical behavior.
- NoraCorp has not met its moral minimum requirements.
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- Examine each of the following scenarios and match it to the philosophy of ethics that most closely aligns with the character in the scenario.
- Moira is ashamed to discover that her son stole an apple from the cafeteria and gave it to another student who had no lunch. She grounds him from watching TV as punishment.
- Anthony votes in favor of a bill which would prevent people above a certain level of income from being able to purchase subsidized housing.
- Finley steals from a greedy CEO in order to give money to a large number of poor people.
- Lula thinks that people who discipline their children by spanking should be sent to jail and says she would be glad to go to jail if she was caught spanking her child.
- Drag and drop the choices from below.
- Virtue EthicsKantianismUtilitarianismSocial Justice Theory
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- Silvia and her brother Clyde make a code of rules they have to follow together. The rules are as follows:
- I)If Silvia bakes a cake, then Clyde can eat as much of it as he wants.
- II)Silvia and Clyde can only go to movies they are both interested in seeing.
- III)every time Clyde borrows Silvia's car, he must put some gas init. Silvia must do the same when she borrows Clyde's motorcycle.
- IV)If Clyde makes a cobbler, Silvia can eat as much of it as she wants.
- Which ethical philosophies are represented in these rules?
- Social justice theory and Kantian ethics
- Kantian ethics and utilitarianism
- Social justice theory only
- Social justice theory and Kantian ethics
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