53) A court ruled that a town government can condemn private homes so that the homes can be
torn down and the land can be used by local developers to build offices, restaurants and stores,
which will increase the tax revenues of the town. Which of the following ethical norms is
illustrated in this scenario?
A) freedom
B) security
C) justice
D) efficiency
54) With reference to ethical norms, to minimize costs is a form of ________.
A) freedom
B) efficiency
C) security
D) justice
55) Justice, stability, freedom, and efficiency are ________ ethical norms.
A) primary
B) secondary
C) conditional
D) tertiary
56) Lawyers and judges typically use analogies ________.
A) to maximize costs for trials
B) for critical legal reasoning
C) as substitutes for the facts of the case
D) to compare the facts of legal precedents to the facts of the case at hand
57) Johnson, a lawyer, is representing a male homosexual worker who was sexually harassed by
a male heterosexual worker at his workplace. Which of the following statements is the best
example of an appropriate legal analogy?
A) a case precedent that finds the law protects heterosexuals from gender discrimination in the
workplace
B) a case precedent that finds the law protects heterosexual males from being harassed by
heterosexual males in the workplace
C) a case precedent that finds the law protects homosexuals of either gender from being harassed
by heterosexual supervisors of either gender
D) a case precedent that finds the law does not protect homosexuals from harassment during off
duty hours
58) Which of the following is important in order to be comfortable with a particular analogy?
A) The independent evidence in the current case should be different from the independent
evidence in the precedent.
B) The independent evidences of different cases should not be compared.
C) The independent evidence in the current case should be similar to the independent evidence in
the precedent.
D) The independent evidence in the precedent should be discarded.
59) Which of the following statements best explains why it is important to search for relevant
missing information?
A) All information is relevant, even if the information is not discussed in the judge’s final
decision.
B) Missing information generally proves that one of the parties is trying to hide something.
C) If relevant information is missing, the subsequent reasoning may be faulty because it will not
rest squarely on all relevant facts.
D) Ethical norms are generally based on relevant missing information.
60) Facts provide the context in which the legal issue is to be resolved.
61) The fact is the question that caused the lawyers and the clients to enter the legal system.
62) Reasons are the explanations or justifications provided as support for a conclusion.
63) Judges can offer any reasoning they please.
64) An ambiguous word is one capable of having more than one meaning in the context of the
facts.
65) Security norms aid in receiving the product of your labor.
66) Efficiency norms aid in maximizing the amount of wealth in our society.
67) Freedom norms provide the order in business relationships that permits predictable plans to
be effective.
68) List the various forms of the ethical norms of security and justice.
69) State reasonable perspectives concerning the correct way to word the issue in dispute.
70) Why is it important to identify any significantly ambiguous words when reading a legal
case?
71) An attorney hires a private investigator to question all eyewitnesses to a traffic accident. She
decides not to engage in legal research until she sees the private investigator’s report. Based on
this scenario, the attorney is ________.
A) gathering facts
B) researching the relevant rules of law
C) crafting a legal analogy
D) reasoning to the final conclusion
72) Which of the following statements is true of a legal issue?
A) The legal issue is determined by the judge based on the conclusion the judge hopes to reach.
B) Forming an issue in a very broad or an extremely narrow manner has implications for the
scope of the effect stemming from the eventual decision.
C) Forming the legal issue is a minor feature of critical legal reasoning and takes its place of
importance behind the formation of ethical norms and rules of law.
D) The legal issue should be based on relevant missing information.
73) A norm is an expected standard of ________.
A) appeal
B) deviation
C) conduct
D) aberration
74) The four primary ethical norms include freedom, stability, justice, and ________.
A) retribution
B) efficiency
C) collective identity
D) collective conscience
75) The four primary ethical norms include ________, stability, justice, and efficiency.
A) retribution
B) freedom
C) collective identity
D) collective soul
76) The four primary ethical norms include freedom, ________, justice, and efficiency.
A) retribution
B) stability
C) profit
D) power
77) The four primary ethical norms include freedom, stability, ________, and efficiency.
A) profit
B) justice
C) collective memory
D) collective purpose
78) Which of the following statements is true about finding a legal conclusion?
A) Legal conclusions should generally be found before relevant information is determined.
B) Legal conclusions should be based on analogies and ethical norms rather than statutes,
whenever possible.
C) The issue can be used as a helper in order to find a legal conclusion.
D) One should begin with an analogy to justice and freedom in order to find a legal conclusion.
79) Which of the following is the best example of a conclusion in an employment discrimination
case?
A) The employee was terminated.
B) The employee worked for the company for 2 years.
C) The employee did an interview for a local newspaper supporting a political candidate.
D) The employee is entitled to $50,000 for damages.
80) The relevant rules of law are obtained from ________.
A) legal dictionaries
B) case manifests
C) legal precedents
D) the values of the judge
81) Which of the following statements best describes the risk associated with ambiguity in legal
reasoning?
A) Ambiguity adds flexibility to the court’s decisions.
B) Ambiguity frustrates those who have to read the reasoning.
C) The precedent is ignored because nobody wants to deal with the ambiguity.
D) The meaning of the precedent can change depending on the interpretation given to the court’s
decision by other courts and attorneys.
82) Which of the following statements best explains why legal arguments often contain
significant ambiguity?
A) Legal arguments are expressed in words, and words rarely have the clarity one presumes.
B) Lawyers purposely distort the facts of each case in order to assist their clients in appearing
favorable before a jury.
C) Ambiguity is an important goal of critical thinking.
D) Judges choose ambiguous statutes and precedents in order to reach proper and flexible rules
of law.
83) Which of the following illustrates Emerson’s observation that “to be understood is a rare
luxury”?
A) The phrase “public safety” is clearly understood, because everyone knows the meaning of
both words.
B) The phrase “public safety” is rarely used, because the concept of security is an ethical norm.
C) The phrase “public safety” represents an ethical norm that is a rare luxury, because the public
rarely feels safe.
D) The phrase “public safety” seems clear at first glance, but on pondering its various
interpretations, one realizes that it is not so clear.
84) A standard of conduct is called a(n) ________.
A) issue
B) conclusion
C) reason
D) norm
85) Standards of conduct that are considered good or virtuous are called ________.
A) issues
B) conclusions
C) analogies
D) ethical norms
86) A labor union negotiator insists that all union members be paid according to a standard
schedule to ensure fairness. However, the management negotiator argues that a standard schedule
would tie the hands of management and reduce operating profits. Which of the following best
characterizes this dispute?
A) The two negotiators disagree about the validity of the relevant facts.
B) The two negotiators do not understand the issue of the case.
C) The two negotiators disagree about the relative priority of ethical norms.
D) The two negotiators are attempting to determine the relevant rules of law.
87) Which of the following is a primary ethical norm?
A) complexity
B) stability
C) flexibility
D) animosity
88) Which of the following is a true statement about the current legal system?
A) It is based on certain unchanging laws, which have been handed down from Great Britain and
carefully guarded.
B) It is based solely on the primary ethical norm of freedom, which cannot be subordinated to
other norms.
C) It is based on statutes, which must be interpreted by legal scholars, who then impart their
wisdom to judges and lawyers.
D) It has evolved over the centuries through previous case decisions.
89) A(n) ________ is a verbal device for transferring meaning from something that can be
understood quite well to something that has just been discovered and has, as yet, not been
understood satisfactorily.
A) analogy
B) conclusion
C) norm
D) reason
90) Which of the following statements best describes the relationship between an analogy and
the use of a legal precedent by a lawyer?
A) The lawyer uses an analogy to persuade the court that the facts in a case are similar to the
facts given in a favorable precedent.
B) The lawyer attempts to convince the court that justice is a more important ethical norm than
the analogous ethical norm of freedom.
C) The lawyer is attempting to convince the court to establish a legal precedent in a case by
rephrasing the legal issue.
D) The lawyer draws an analogy between an ethical norm and an ambiguous statement.
91) The ethical norms that influence a judge’s decision can be determined by ________.
A) stating the conclusion
B) inferring from the court’s reasoning
C) stating the facts of the case
D) changing the analogy
92) The four primary ethical norms are freedom, stability, justice, and efficiency.
93) The typical response to an issue is a conclusion.
94) An ethical norm is a standard or conduct that is considered good or virtuous.
95) The legal environment of business is established and modified according to ethical norms.
96) The use of precedent to reach legal conclusions is so common that legal reasoning can be
characterized as predominantly analogical reasoning.
97) What a person already understands in the case of legal reasoning is the precedent; what the
person hopes to understand better is the current legal dispute.
98) An analogy is a verbal device for transferring meaning from something we understand quite
well to something we have just discovered and have, as yet, not understood satisfactorily.
99) If judges are supposed to make decisions on an issue based solely on the facts and applicable
law, what is the role of ethical norms in influencing a judge’s decision?
100) Why is it especially important to be able to identify and evaluate analogies?
101) Why is it important to consider the missing information when evaluating a particular case?
102) Describe the primary ethical norms.
103) A lobbyist attempts to persuade a member of Congress that the federal minimum wage laws
need to be amended. The member of Congress asks the Congressional Budget Office to estimate
the impact of the amendment on the nation’s economy. Which of the following best characterizes
what the member of Congress does?
A) The member of Congress is gathering facts.
B) The member of Congress is determining the relevant rules of law.
C) The member of Congress is weighing two conflicting ethical norms.
D) The member of Congress is defining the issue.
104) John and Sandra signed a contract on the 1st of January. The contract required Sandra to
deliver goods to John on the 20th of January. Sandra failed to deliver the goods. John sued
Sandra and the judge held that she had breached the contract. As a result, John was entitled to
damages. Which of the following is considered the conclusion of the case?
A) John and Sandra signed a contract on the 1st of January.
B) The contract required Sandra to deliver goods to John on the 20th of January.
C) Sandra failed to deliver the goods.
D) Sandra breached the contract and as a result John was entitled to damages.