Question
Whichlegal school of thought is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part 6 Bob: Donut spheres? Glazed happiness? Anyone notice who is
- Whichlegal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
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
A) Legal realism school of thought.
B) Sociological school of thought.
C) Law and economics school of thought.
D) Command school of thought.
2) Which of the following situations would most likely receive a change of venue?
A) A woman wants a change of venue when it appears that all jurors to the case will be male.
B) A local teacher is taken to court after a video of him beating his students goes viral.
C) 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.
D) 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.
3) 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.Which law or principle of law which is most relevant to this situation?
A) First Amendment
B) Equal Protection Laws
C) Procedural Due Process
D) Substantive Due Process
4) 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. Which court that would most likely address this situation?
A) U.S. Tax Court
B) U.S. Bankruptcy Court
C) State Small Claims Court
5) Whichlegal theory is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
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
A) Historical perspective school of thought.
B) Irrational forces perspective.
C) Natural law school of thought.
D) Critical legal studies school of thought.
6) 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?
A) Charlie would be excluded for cause.
B) Charlie would be excluded through preemptory challenge.
C) Charlie would be preserved on the jury since he would have inside information about one of the parties.
D) Charlie can refuse to serve on the jury.
7) 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.
A) Natural Law
B) Legal Realism
C) Sociological
D) Historical
E) Irrational Forces
8) 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 which she has been served. Which of the following is likely true?
A) A court can judge in Sage favor because Isabel is not bargaining in good faith.
B) A court can judge in Isabel's favor even if she doesn't respond if it appears Sages allegations are frivolous.
C) A court can judge in Sage's favor because Isabel seems to be constructively admitting to Sage's allegations.
D) A court will not open a case or post a judgment until Isabel chooses to respond.
9) 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 school of jurisprudential thought ismost clearly exhibited in this scenario?
A) Natural Law
B) Irrational Forces
C) Historical
D) Legal Realism
E) Sociological
10) Whichlegal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
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. We are officially "the enlightened" of the break room.
End Part 4
A) Irrational forces perspective.
B) Legal realism school of thought.
C) Sociological school of thought.
D) Critical legal studies school of thought.
11) 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?
A) The appellate court found a mistake of law that occurred during the initial trial.
B) The appellate court wants to see more evidence before it can make an informed decision.
C) The appellate court wants the lower court to handle the case, since it is a civil rather than criminal case.
D) The appellate court found a mistake of fact that occurred during the initial trial.
12) Devon is accused of robbing a jewelry store and is summarily thrown in jail.Which law or principle of law which is most relevant to this situation?
A) Procedural Due Process
B) First Amendment
C) Substantive Due Process
D) Equal Protection Laws
13) The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate.Which law or principle of law which is most relevant to this situation?
A) First Amendment
B) Substantive Due Process
C) Equal Protection Laws
D) Procedural Due Process
14) 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:Whichlegal school of thought is illustrated in this dialogue?
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
A) Irrational forces perspective.
B) Natural law school of thought.
C) Critical legal studies school of thought.
D) Historical perspective school of thought.
15) 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.
A) Law and Economics
B) Legal Realism
C) Sociological
D) Irrational Forces
E) Command
16) The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Which of the following statements is true?
A) JuneCorp cannot contest the legality of the law, since the Equal Protection Clause applies to people rather than corporations.
B) JuneCorp can contest the legality of the law if it passes all three scrutiny tests employed by the courts.
C) JuneCorp can contest the legality of the law if there is no evident state interest which substantiates the enforcement of the law.
D) JuneCorp cannot contest the legality of the law if there is anything but a financial impact on the company because of the law.
17) 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) Sociological
B) Law and Economics
C) Legal Realism
D) Command
E) Irrational Forces
18) 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?
A) If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted.
B) If the plaintiff does have unambiguous evidence that meets a "clear and convincing" burden of proof, Casey will most likely be found guilty.
C) Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway.
D) The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.
19) Whichlegal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
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 stick-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
A) Legal realism school of thought.
B) Sociological school of thought.
C) Command school of thought.
D) Law and economics school of thought.
20) Which jurisprudential school of thought relies the most upon precedent in establishing law?
A) Irrational Forces
B) Natural Law
C) Sociological
D) Historical
E) Legal Realism
21) 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.Which law or principle of law which is most relevant to this situation?
A) Substantive Due Process
B) Procedural Due Process
C) Equal Protection Laws
D) First Amendment
22) 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?
A) Annie cannot provide any information since her position as a manager precludes her ability to be unbiased.
B) Annie is required by Good Samaritan laws to put forth any information she has relevant to the case.
C) Annie can be required via subpoena to provide the information she has.
D) Annie can refuse any attempt to involve her in the dispute between her tenants.
23) 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?
A) Jurisdiction falls in Clara's state of residence, since she is the plaintiff.
B) Jurisdiction falls in David's state of residence, since he is the one being summoned to court.
C) Jurisdiction depends solely on where the property - the focus of the dispute - is located.
D) 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.
24) Whichlegal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 2
Bob: Listen, donuts are made to bring joy into our lives and to wake up our 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 those who enjoy them most. Don't over complicate this. Where's the chocolate milk?
End Part 2
A) Natural law school of thought.
B) Critical legal studies school of thought.
C) Irrational forces perspective.
D) Historical perspective school of thought.
25) 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?
A) Negotiation
B) Legally-binding arbitration
C) Non-binding arbitration
D) Legally-binding mediation
26) 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.Which court that would most likely address this situation?
A) U.S. Tax Court
B) State Small Claims Court
C) U.S. Bankruptcy Court
27) Which of the following situations would not substantiate proper standing to sue?
A) TreesForDays, an environmental activist group, wants to sue a company dumping chemicals into a river in a different state.
B) Aniesha wants to sue her neighbor Robert after seeing him engage in criminal animal cruelty.
C) Tyler wants to sue Kevin after Kevin harms Tyler's sister in a car crash which leaves her sister in a coma.
D) Calvin wants to sue his sister after finding out she has been taking cash from the cash register at the family business.
28) 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?
A) Radcliffe may not be restricted from teaching if his university has no rule concerning the need for a master's degree.
B) The treaty is only enforceable if it doesn't conflict with state law in Radcliffe's state.
C) Radcliffe no longer meets the qualifications to teach.
D) Radcliffe may still teach as long as he only teaches in the U.S.
29) Anthony votes in favor of a bill which would prevent people above a certain level of income from being able to purchase subsidized housing.Which philosophy of ethics is applies here?
A) Virtue Ethics
B) Social Justice Theory
C) Utilitarianism
D) Kantianism
30) 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?
A) The government of Country A may not arbitrarily begin to charge fees for items brought in from Country B.
B) Country A and Country B have no binding agreement under customary international law.
C) Country A and Country B have a binding agreement to this arrangement under customary international law.
D) More than one response is correct.
31) Determine which moral standard of social responsibility the business is observing.
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.
A) Indeterminable
B) Stakeholder Theory Moral Standard
C) Corporate Citizenship Moral Standard
D) Moral Minimum Standard
E) Profit-Maximizing Moral Standard
32) Determine which moral standard of social responsibility the business is observing.
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.
A) Moral Minimum Standard
B) Corporate Citizenship Moral Standard
C) Indeterminable
D) Profit-Maximizing Moral Standard
E) Stakeholder Theory Moral Standard
33) Determine which moral standard of social responsibility the business is observing.
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.
A) Profit-Maximizing Moral Standard
B) Corporate Citizenship Moral Standard
C) Stakeholder Theory Moral Standard
D) Moral Minimum Standard
E) Indeterminable
34) 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 could 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?
A) NoraCorp has met its moral minimum requirements.
B) NoraCorp has exceeded its moral minimum requirements, meeting g a corporate citizenship standard.
C) It is impossible to determine whether the company has met a moral minimum standard of ethical behavior.
D) NoraCorp has not met its moral minimum requirements.
35) 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.Which principle of International Law is at play?
A) Comity of Nations
B) Sovereign Immunity
C) Act of State Doctrine
36) 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.Which philosophy of ethics is applies here?
A) Kantianism
B) Utilitarianism
C) Virtue Ethics
D) Social Justice Theory
37) Determine which moral standard of social responsibility the business is observing.
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.
A) Moral Minimum Standard
B) Stakeholder Theory Moral Standard
C) Profit-Maximizing Moral Standard
D) Indeterminable
E) Corporate Citizenship Moral Standard
38) 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 in it. 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?
A) Social justice theory and Kantian ethics
B) Social justice theory only
C) Social justice theory and Kantian ethics
D) Kantian ethics and utilitarianism
39) 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.Which philosophy of ethics is applicable?
A) Social Justice Theory
B) Kantianism
C) Virtue Ethics
D) Utilitarianism
40) 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.Which principle of International Law is at play?
A) Sovereign Immunity
B) Comity of Nations
C) Act of State Doctrine
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