Business Its Legal, Ethical, and Global Environment: Chapter 1. All Answers

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1. Violations of civil laws can result in imprisonment. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Clas... sifications of Law : Bloom's: Knowledge 2. If conduct is a criminal violation, it cannot also be a civil violation. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Comprehension 3. There are no criminal laws at the federal level. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Knowledge 4. Terms of a consulting contract are an example of private law. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Knowledge 5. Substantive laws provide the means and mechanisms for the enforcement of laws. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Knowledge 6. Stare decisis is Latin for "let the decision stand." a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Knowledge 7. The common law in each state is the same. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Knowledge 8. Jurisprudence is legal philosophy. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : The Theory of Law: Jurisprudence : Bloom's: Knowledge 9. Zoning laws are substantive only. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law Sources of Law : Bloom's: Application 10. The scholars of jurisprudence generally agree on the theory of law. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : The Theory of Law: Jurisprudence : Bloom's: Knowledge 11. Statutory law exists at all levels of government. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 12. The United States Code includes laws on anticompetitive activities as well as laws regulating the sale of securities. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 13. Ordinances are generally found in state legislative codes. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 14. The Code of Federal Regulations includes the enactments of federal administrative agencies. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 15. States do not have administrative laws. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 16. City ordinances generally cover the legal aspects of incorporation and securities registration. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 17. Citations are a form of legal shorthand for referring to statutes, ordinances, and cases. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 18. Constitutions exist at both state and federal levels. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 19. The Internal Revenue Code is part of federal statutory law. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 20. Equitable remedies are not available in courts of law in the United States. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Knowledge 21. Laws' flexibility allow adjustments for technology changes. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Characteristics of Law : Bloom's: Application 22. A personnel manual is an example of private law. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Application 23. Union/management laws demonstrate the role of law as a compromiser. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Purposes of Law : Bloom's: Application 24. Criminal laws are generally enforced by individuals. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Comprehension 25. A multilateral treaty is a treaty among several nations. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Knowledge 26. The act of state doctrine permits other countries to intervene in a nation's government when human rights are violated. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Analysis 27. The EU has its own currency. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Knowledge 28. The Uniform Commercial Code and the Uniform Partnership Act are both enactments of Congress. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 29. Party autonomy is not permitted in international contracts. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Knowledge 30. The EU will be disbanded in 2016. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Knowledge 31. Treaties are a source of international law. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Knowledge 32. Custom has no impact on international law. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Knowledge 33. Once a court decision is issued, it cannot be reversed without legislative action. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Synthesis 34. A curfew is an example of the type of law that would be found in city or town ordinances. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 35. The uniform laws on partnerships and corporations are found codified in the United States Code. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Synthesis 36. There are agency regulations at both the state and federal levels. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 37. Courts create and apply the common law. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Knowledge 38. If you run a red light and hit and injure a pedestrian, both civil and criminal laws will apply. a. b. : : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Classifications of Law : Bloom's: Synthesis 39. Most countries follow a philosophy of caveat emptor. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Knowledge 40. The Uniform Commercial Code (UCC) has been adopted in all 50 states. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 41. The CISG is another name for the UCC. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Knowledge 42. Scalping ordinances are an example of criminal laws. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 43. Context is a factor in types of legal systems. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 44. Courts interpret all levels of statutes and regulations. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law Classifications of Law : Bloom's: Knowledge 45. Zoning is an example of private law. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 46. A question about a licensing exam for a real estate agent is best ed by going to federal laws. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Critical Thinking : Sources of Law : Bloom's: Application 47. Statutes that eliminate constitutional protections are still valid if they are federal statutes. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Synthesis 48. The U.S. Constitution does not apply to the states. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Comprehension 49. Judicial review is one means for clarifying the meaning of laws. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 50. Which of the following is not a purpose of law? a. keeping order b. influencing conduct c. promoting equality d. providing compromises e. All of the above are purposes of law. : e : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Purposes of Law : Bloom's: Analysis | Bloom's: Comprehension 51. Several states have recently enacted legislation to permit casino gambling on river boats docked in their states. Gambling is permitted only while the boats are traveling in the rivers surrounding or inside the states. One governor issued the following statement: "It wouldn't matter how many gaming statutes are passed or how many legislatures passed them, the fact of the matter is that commercial gambling is wrong." This governor's views: a. indicate that he follows the positive law theory. b. indicate that he follows the natural law theory. c. indicate that he is against principles of justice. d. are most parallel to those of Oliver Wendell Holmes. : b : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : The Theory of Law: Jurisprudence : Bloom's: Analysis 52. Bill Blackburn is the new mayor of Oceanside, Washington. He discovered that the city-run utility requires a deposit of $50 from new customers in homes. However, new customers who reside in apartments, condominiums, or townhouses must pay a $500 deposit. Mayor Blackburn proposed that the utility deposit be $100 for all new customers. Blackburn's change fits best under which theory of law? a. positive law theory b. natural law theory c. theory of justice d. theory of custom : c : 1 : Challening : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : The Theory of Law: Jurisprudence : Bloom's: Analysis 53. Which of the following is not an example of a law that promotes equality? a. employment discrimination laws b. antisegregation statutes c. Social Security statutes d. trespassing statutes e. All of the above laws promote equality. : d : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Purposes of Law : Bloom's: Analysis 54. Which is the proper cite for the Code of Federal Regulations? a. CFR b. USC c. USCFR d. none of the above : a : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 55. Which of the following is not part of the United States Code? a. 1933 Securities Act b. Sherman Act c. Equal Employment Opportunity Act d. Uniform Commercial Code e. All of the above are part of the United States Code. : d : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 56. Which is the proper cite for Executive Orders? a. CFR b. USC c. E.O.O.C. d. none of the above : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 57. The UCC has been adopted by: a. all 50 states. b. over half the states. c. 49 states. d. a quarter of the states, but it is rapidly gaining in adoptions. : c : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 58. Enactments of federal administrative agencies are found in: a. the United States Code. b. the Code of Federal Regulations. c. U.S.C. d. none of the above : b : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 59. In "cite 15 U.S.C. sec. 77," the 15 represents: a. page number. b. volume number. c. the session of Congress when enactment occurred. d. none of the above : b : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 60. Uniform laws are: a. required to be adopted by states. b. written to make interstate business less complicated. c. found in USC. d. none of the above : b : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Comprehension 61. Legal and equitable remedies: a. are available in all courts in the United States. b. are awarded by separate courts of equity and law. c. are the same remedies. d. exist only in the United States. e. none of the above : a : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Knowledge 62. Which is not an example of private law? a. lease on a residential home b. lease on a commercial building c. zoning ordinances d. contract for the sale of a car e. employer regulations : c : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law Sources of Law : Bloom's: Application 63. Which of the following is not regarding constitutional law? a. exists at the state and federal levels b. establishes government structure c. establishes individual rights d. can be changed by Congress : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Comprehension 64. Phil's Corner Mart is a convenience store and gasoline station. A representative from the Environmental Protection Agency (EPA) has just notified Phil that there is some leakage from his underground gasoline storage tanks. The EPA representative explains to Phil that he will be issuing a citation for violation of federal environmental laws and that Phil could be liable for clean-up costs and penalties. Which of the following statements is ? a. Phil has been charged with a crime. b. Phil has been charged with violation of a state statute. c. Phil is facing civil penalties for the violation. d. The EPA promulgates USC provisions. : c : 1 : Challenging : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Critical Thinking : Classifications of Law : Bloom's: Analysis 65. A state statute that prohibits "baby buying" regardless of circumstances is a law that most closely follows which theory of jurisprudence? a. justice b. natural law c. positive law d. custom : b : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Critical Thinking : The Theory of Law: Jurisprudence : Bloom's: Comprehension 66. Administrative regulations are promulgated by: a. Congress. b. constitutional conventions. c. administrative agencies. d. state legislatures. e. none of the above : c : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 67. Which of the following subjects is not generally covered by local ordinances? a. zoning b. curfews c. dog licensing d. partnerships e. traffic : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 68. Criminal laws: a. carry fines and/or imprisonment penalties. b. are enforced by individuals. c. are generally not enforced by government agencies. d. are the same as private laws. e. none of the above : a : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Critical Thinking : Classifications of Law : Bloom's: Synthesis 69. On faxed documents, it is often difficult to tell if a signature is authentic, both because clarity is a problem and also because signatures can be cut and pasted onto new documents from old documents. The Uniform Commercial Code provides that anything placed on a document with the intent to authenticate it is a binding signature for a valid contract. The UCC definition: a. did not anticipate the technology problems arising from the fax. b. will apply even in these fax situations. c. is a common law definition. d. is part of federal law. : a : 1 : Challenging : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Critical Thinking : Characteristics of Law : Bloom's: Analysis 70. Which of the following is not an example of a law that promotes order? a. disclosure statutes for securities sales b. curfew c. speed limits d. trespassing laws : a : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Purposes of Law : Bloom's: Application 71. Changes in laws that are made because of changes in technology illustrate which characteristic of law? a. consistency b. pervasiveness c. flexibility d. none of the above : c : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Characteristics of Law : Bloom's: Application 72. Which of the following is an example of a law that provides compromises? a. curfews b. antitrust laws c. traffic laws d. union/management laws : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Purposes of Law : Bloom's: Application 73. The federal statute that carries imprisonment as a penalty for trading securities on inside information is an example of a: a. private law. b. civil law. c. procedural law. d. criminal law. e. all of the above : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Application 74. Common law: a. no longer exists today. b. began in the United States. c. exists only in England. d. was eliminated with the courts of equity. e. none of the above : e : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Comprehension 75. Which of the following is not a source of international law? a. custom b. treaties c. private law d. Code of Federal Regulations : d : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Knowledge 76. The European Union: a. was disbanded by GATT. b. is an organization of European countries. c. has established trade barriers. d. has strict customs controls among the members. : b : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Comprehension 77. Ellen Benson has been operating a small catering business out of her home. Business growth is now requiring an office and kitchen facilities. Before expanding facilities, Ellen wishes to incorporate her business. Where would Ellen find the laws of incorporation? a. state statutes b. zoning ordinances c. Code of Federal Regulations d. county ordinances : a : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Critical Thinking : Sources of Law : Bloom's: Analysis 78. Which of the following is not a source of private law? a. lease b. employment agreement c. ordinance d. marriage prenuptial agreement : c : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law Classifications of Law : Bloom's: Application 79. When is precedent not followed? a. when circumstances have changed b. when technology has changed c. when there are changes in the factual circumstances from those in which the precedent was established d. It is possible that precedent would not be followed in all of the above circumstances. : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Critical Thinking : Classifications of Law Characteristics of Law : Bloom's: Synthesis 80. Anna Elleson has just opened her plumbing business in a small industrial park located within the boundaries of the city of Tempe, Arizona. Upon opening her plumbing business, Anna receives a notice from the landlord that her largest pieces of equipment (backhoes) may not be parked in the parking lot of the industrial park overnight. Anna asks why and the landlord explains that there is a restriction in her lease. The restriction against parking equipment in the complex is: a. enforceable as a private law. b. unenforceable unless a city zoning ordinance prohibits such parking. c. an unconstitutional regulation of private property. d. unenforceable unless signs are posted. : a : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Critical Thinking : Sources of Law Classifications of Law : Bloom's: Application 81. Anna's landlord of her business property in Tempe, Arizona notifies her that when the next lease period begins, her rent will increase $45 each month. Where can Anna go to determine her rights with respect to the rent increase? a. her rental contract b. Arizona Revised Statutes c. rent control ordinances d. all of the above : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 82. Anna would like to incorporate her plumbing business, which is located in Tempe, Arizona. Where can she find out the requirements for incorporation? a. Tempe city ordinances b. her rental agreement c. Arizona Revised Statutes d. none of the above : c : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 83. Anna feels, after negotiating her first few plumbing contracts, that there is a pricing conspiracy involving other plumbing contractors that keeps her from really breaking into the market. Her business is located in Tempe, Arizona. Where would Anna find the law on anticompetitive behavior? a. Arizona Revised Statutes b. United States Code c. Tempe city ordinances d. none of the above : b : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 84. John Renfro was recently downsized as part of a corporate restructuring at the jet propulsion firm where he works. Renfro is confused, "Do I have any rights on my health insurance? What about unemployment?". Which sources of law would have information for Renfro in ing his questions? a. jurisprudence b. ordinances c. executive orders d. federal statutes (U.S.C.) : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 85. Jane Dixon is going to create a limited liability company for operating her business that does billing for physicians and medical laboratories. Jane is unsure whether her state allows for the creation of limited liability companies. Advise Jane on the best place to look for finding whether she can create a limited liability company in her state: a. United States Code b. Code of Federal Regulations c. municipal ordinances d. state statutes e. none of the above : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 86. Wexler Corporation has established a new policy on employee e-mails. The policy reads: "All e-mail sent using the company server is the property of the company and is not private. Supervisors and managers shall have the right to review such e-mails. Inasmuch as the company is liable for e-mail content, it reserves the right to review it." The policy: a. is an example of private law. b. is an example of statutory law. c. is an example of constitutional law. d. is never enforceable. e. none of the above : a : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law Classifications of Law : Bloom's: Application 87. Which of the following is an example of law not enacted by an elected body? a. municipal law b. administrative regulations c. state codes d. United States Code e. all of the above are enacted by an elected body : b : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Comprehension 88. The CISG: a. is an example of uniform state laws. b. is an example of uniform international laws. c. is an example of a war convention among several nations. d. does not exist in the EU. e. none of the above : b : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Introduction to International Law : Bloom's: Knowledge 89. Jim Ream is a freshman at Woise State. Jim is a computer whiz and has found a way to download movies from DVDs and then transfer the files to others. “But, Jim,” you tell him, “that Grokster thing made all that illegal.” Jim responds, “That was music, this is movies. Completely different. No legal problems.” Jim: a. is correct because federal law does not apply to movies. b. is correct because the precedent can be distinguished. c. is incorrect because there is an infringement issue and Napster is precedent. d. Both a and b : c : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Critical Thinking : Characteristics of Law : Bloom's: Application 90. Frank Zelco is a manufacturer’s rep who represents the product lines of several manufacturers. Frank has worked with his brother, Dion, in their two person firm for almost five years. They have no written contract, but they split the profits. Frank would like to create a business organization and put their arrangement in a written contract. Which sources of law will Frank need to help him do this? a. ordinances b. the UCC c. state laws on business organizations d. both b and c : c : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 91. During 2003, the White House asked its legal counsel for an interpretation of what constitutes torture of prisoners of war and who is considered a prisoner of war. What sources of law will the legal counsel need to consult? a. federal statutes b. international treaties c. ordinances d. both a and b : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law Introduction to International Law : Bloom's: Application 92. The term “common law” has been in existence since: a. the end of the Civil War. b. the end of World War I. c. 1492. d. 1066. : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Knowledge 93. When the music companies filed suit against the peer-to-peer file sharers on copyrighted music, they wanted legal and equitable remedies. Which of the following is an equitable remedy? a. money damages for the loss of royalties on the downloaded copyrighted songs b. injunction against the facilitating software provider for the downloading c. civil penalties for the infringement d. both a and c : b : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Application 94. A court of chancery: a. is another name for a court that provides equitable remedies. b. is another name for a court that provides legal remedies. c. never existed in the United States. d. handles decisions regarding lottery disputes at the state level. : a : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Application 95. Ralph Waters is a developer who is interested in developing a planned adult mobile home community in Mesa, Arizona. Ralph will need to incorporate and then learn the procedures necessary to begin the development. What levels of law will affect Ralph? What types of laws will apply to him? : Students should discuss the following: County ordinances - zoning City ordinances - zoning, permits State statutes - incorporation Federal statutes - mortgages (FHA, VA) Federal regulations - HUD Private law - contracts for homes : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Comprehension 96. Give a sample citation for each of the following statutes/regulations: a. United States Code b. Code of Federal Regulations : 15 U.S.C. sec.77 12 C.F.R. sec.226 : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 97. In confirmation hearings of nominated judges and justices, what role may stare decisis play in the questioning of the nominee? : Stare decisis means to “let the decision stand”. A judge is supposed to apply the law as written by a legislature. By following stare decisis, a judge will not disregard established precedent simply because the judge does not like it. Since Senators are not supposed to ask nominees about specific case holdings, the questions can try to avoid that by, for example, asking a nominee if she or he believes Roe v. Wade is a legal precedent and then asking if she or he believes in stare decisis. : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Classifications of Law : Bloom's: Comprehension 98. Discuss the differences between public and private law. : Criminal versus civil penalties Private enforcement versus public enforcement Governmental enactment versus individual enactment : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Classifications of Law : Bloom's: Application 99. Give an example of the type of law found at each level of government noted: a. U.S. Constitution b. congressional enactments c. state legislation d. federal administrative regulations : U.S. Constitution: Bill of rights protections like First Amendment; structure of government Congressional: Antitrust statutes Securities laws Internal Revenue Code State legs: Uniform Commercial Code Uniform Partnership Act Corporations laws Federal regs: IRS regs Truth-in-lending regs Securities regs : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Application 100. The Family Leave Act was passed by Congress in 1993. The Act requires certain employers (those of a certain size) to give 12 weeks of leave to their employees for the birth or adoption of a child or the care of an ill spouse, parent, or child. the following questions: a. In which set of statutes will this new law be found? b. Is the statute a civil or criminal law? c. Is the statute an example of legislating natural law? : a. United States Code b. Civil Law c. Yes, in a way. The law legislates the right to be with family members when we are needed most. : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law Sources of Law The Theory of Law: Jurisprudence : Bloom's: Comprehension 101. Name three types of business arrangements governed, at least in part, by private law. : Leases; employment contracts; consulting contracts; sales contracts : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Classifications of Law Sources of Law : Bloom's: Application 102. Draw the pyramid of laws and label each level of the pyramid with the appropriate source of law. : The students should reproduce the pyramid figure from chapter one with the sources of law from bottom to top being: constitution; federal legislative enactments; federal agency regulations; state constitutions; state legislative enactments; state agency regulations; county, city and borough laws; private laws; and the pyramid is surrounded by case law; all statutes are subject to interpretation. : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Comprehension 103. Give the source of statutory law for each of the following : a. Uniform Revised Limited Partnership Act b. 1933 Securities Act c. law requiring bikes on public streets to be licensed d. no taking of property without just compensation e. establishment of the House of Representatives : a. state law b. federal law c. ordinance d. constitution e. constitution : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Sources of Law : Bloom's: Analysis 104. For each of the following actions, describe the sources of law the individuals should consult: a. obtaining a bicycle license b. incorporating a company c. determining how many feet of set back are required for residential construction d. selling securities on a national exchange : a. ordinances b. state law c. ordinances d. federal statutory law - U.S.C. and SEC regulations, C.F.R. : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Analysis 105. Following the 1999 tragedy at Columbine High School in Littleton, Colorado, when 13 students were killed by two of their armed classmates there was discussion of Second Amendment rights and gun control regulations were passed by Congress. What sources of law were part of the discussions and legislation? : Second Amendment is part of U.S. Constitution and Congress passed laws that became part of U.S.C. : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Comprehension 106. Give an example of an executive order. : The book gives several examples such as executive branch agencies being required to first try alternative dispute resolution, the "gag rule" on abortion counseling, ban on federal funds for abortion, the classification of executive branch documents and the use of minority workers in federal contracting. Others that are topical and in the news include the use of federal funds for stem-cell research and the declaration of national preserves. : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Sources of Law : Bloom's: Knowledge 107. In 2006, Congress passed the Pension Reform Act. The act amended the Employee Retirement Income Security Act (ERISA). The act was passed when several companies declared bankruptcy and were discharged from paying their pension obligations to retired employees. Discuss how the Pension Reform Act illustrates the purpose of law and what purposes emerge from the new legislation. : The pension reforms accomplished several purposes that are part of the law. First, the law restored stability to the economy as well as the lives of the retired workers by not eliminating their only source of income. Second, the law was used to enforce expectations and provide reassurance that we can plan on the basis of promises and law in existence at the time we were employees and savings funds in the pension plan. With this reassurance that pensions would be honored. Congress also imposed some new requirements on employers that required them to honor their promises. In all likelihood the reforms had a secondary goal of keeping order because there were threatened strikes and protests when the pensions were discharged. : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Purposes of Law : Bloom's: Comprehension 108. Jason Friedman developed software that allows his fellow students to use the university server for purposes of downloading movies, songs, etc. (all copyrighted), without being detected by the university, which monitors its users for purposes of avoiding vicarious copyright infringement charges and suits. Jason does not sell the software to his fellow students; he simply distributes it to them when they ask. Applying the decisions from the Grokster and Viacom decisions, which of the following statements is correct? a. Because Jason is not making any money from the software, he has done nothing to violate copyright laws. b. Because Jason's software does not involve the ability for the actual downloading of copyrighted materials, he has done nothing to violate copyright laws. c. Because Jason’s software is not copyrighted, he has done nothing to violate copyright laws. d. Because Jason’s software facilitates copyright infringement, he could be liable for that infringement. : d : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Characteristics of Law : Bloom's: Analysis 109. Animo runs a website that allows amateur photographers to post photographs that they have taken for purposes of getting their work recognized and with the hope that others will see their works and purchase them for use in ad, textbooks, and other publications. Animo employees do not review the website, but they do remove photos when notified that a posted photo is not posted with permission and is copyrighted by someone other than the person who posted it. Applying the decisions from the Grokster and Viacom decisions, which of the following statements is correct? a. Animo is liable for copyright infringement because it does not check its cite for possible violations. b. Animo is liable for copyright infringement once it is notified of a problem, but does not take action. c. Because Animo does not accept payment from photographers for the posting and cannot be liable for copyright infringement. d. Animo is liable for copyright infringement only if the owner of the copyright notifies it of the infringement. : b : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Characteristics of Law : Bloom's: Analysis 110. The laws on copyright ownership and infringement were passed by the U.S. Congress. Where would you find those laws? a. in the Uniform Commercial Code b. copyright is governed by the common law c. in the Federal Register d. in the United States Code : d : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Sources of Law : Bloom's: Analysis [Show More]

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