Part 2 Multiple Choice then Explanation. 1. With which of the following statements would Immanuel Kant and other proponents of Deontological Ethics have agreed? (A) It is ethical to tell a lie if necessary to protect an innocent person from great harm. (B) It is ethical to tell a lie if the benefit of the lie outweighs the cost. (C) It is wrong for some people to have greater opportunities than others. (D) It is always wrong to tell a lie. Answer:______ Explanation: 2. Greg is a strong swimmer. One afternoon he is having a picnic at a lake and sees a man he does not know drowning. Generally, Greg (A) has a legal duty to rescue the man; (B) has a legal duty to rescue the man, but only if his efforts will not pose a serious threat to his own safety; (C) has a legal duty to rescue the man since, as a strong swimmer, he is treated as a "special class" of persons who must get involved in such situations; (D) has no legal duty to rescue the man. Answer:______ Explanation:2 3. The U.S. Fish and Wildlife Service (the Service) was investigating whether NextEra Energy Resources violated the Endangered Species Act because of the number and breeds of birds killed in its wind farm operations. NextEra refused to give the Service its computerized reports concerning bird kills. To get the reports, the Service should use a(n) (A) motion for interpleader; (B) answer; (C) subpoena duces tecum; (D) motion for sanctions. Answer:______ Explanation: 4. What is the fundamental source of contemporary law in the US? (A) Declaration of Independence; (B) Articles of Confederation; (C) US Constitution; (D) State Constitutions; (E) United States Code Answer:______ Explanation: 5. Anna Mae is a freshman at her local public high school. Her sister, Celestine, attends a nearby private high school. Neither school allows them to join its respective wrestling team; only boys can wrestle at either school. Which of the sisters has a winning case based on the Equal Protection Clause of the Fourteenth Amendment? (A) Anna Mae; (B) Celestine; (C) Both Anna Mae and Celestine; (D) Neither Anna Mae nor Celestine Answer:______ Explanation:3 6. Outdoor Technologies (an Australian company) was involved in a contract dispute with Silver Star Limited (a Chinese company). Outdoor prevailed in the litigation in the Australian courts and obtained a judgment for $500,000.00 against Silver Star (a Chinese company) from the Australian courts. Silver Star owned property in Iowa, so Outdoor filed suit in Iowa to enforce and collect the Australian judgment. Which of the following statements is true? (A) Outdoor cannot collect in the United States a judgment that was issued by an Australian court. (B) Outdoor cannot collect in the United States because Silver Star is not an American company. (C) Outdoor can collect in the United States if the proceeding in the Australian courts was fair and proper. (D) Outdoor can collect in the United States, because both the United States and Australia have common law systems. Answer:______ Explanation: 7. For which of the following activities can a foreign sovereign be sued in an American court? (A) Operating a factory dangerously; (B) Issuing a law that discriminates against a certain group of people; (C) Suspending the civil rights of its people; (D) None of the above Answer:______ Explanation:4 8. Grunnings, an American manufacturer of drills and drilling equipment, has been asked to provide construction equipment to a foreign government. The contract is for a sizable amount of money, so Grunnings wants to protect itself if the foreign government refuses to pay for the equipment once it has been delivered. What should Grunnings require in its contract with the foreign government if it wants to protect its right to sue the government if the government does not pay for the goods? (A) a release of sovereignty; (B) a statement of extraterritoriality; (C) a waiver of sovereign immunity; (D) a submission to the jurisdiction of the International Court of Justice Answer:______ Explanation: 9. In 1992, the North Carolina Supreme Court ruled in a case entitled Goodman v. Wenco Foods, Inc., that when a substance in food causes injury to a consumer of the food, it is not a bar to recovery against the seller that the substance was natural to the food. If, in a 2008 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder, the court followed the decision in Goodman v. Wenco Foods, Inc., the court's action in the second case is an example of (A) stare decisis; (B) judicial review; (C) statutory interpretation; (D) public law. Answer:______ Explanation:5 10. Common law is never as easy as we might like because the law is trying to accommodate both (A) intent and reason; (B) flexibility and precedent.; (C) predictability and flexibility; (D) understandability and predictability. Answer:______ Explanation