Article III establishes the court system.
Chapter 04
The American Legal System
Pushing managers to adopt a bigger and broader conception of social responsibility will
reduce the chances of establishing a sustainable, enduring global community where
resources are not dangerously depleted or damaged.
Social enterprise is a movement in which people launch for profits programs,
addressing social problems.
The Due Process Clause of the 14th Amendment incorporates the personal freedoms
guaranteed by the Bill of Rights and protects them against intrusion by state
governments.
A moral rule is “categorical” rather than “hypothetical” in that its prescriptive force is
independent of its consequences.
Identify a true statement about workers’ compensation.
A. It covers all self-inflicted on-the-job injuries.
B. It is not the exclusive remedy for workplace injury.
C. It covers the entire labor force.
D. It does not require proof of employer negligence.
Ryan’s neighbor, Nick, is away on a week-long tour. Ryan sees smoke rising from
Nick’s house one day and, fearing a possible outbreak of fire, breaks in through the
front door only to find that the smoke was from outside and not from within the house
as he had thought. In this case, Ryan can avail the defense of _____.
A. necessity
B. consent
C. duress
D. self-defense
Which of the following statements is true of the Taft-Hartley Act?
A. It declared that refusal to bargain over a permissive subject constituted a National
Labor Relations Act violation.
B. It gave the National Labor Relations Board the authority to govern the result of a
collective bargaining arrangement.
C. It signaled a move by the government away from unconditional support for labor
toward a balance of rights between labor and management.
D. It allowed employees to claim compensation from employers for services not
performed.
Which of the following imposes on a manufacturer a duty to design its products so that
they are safe not only for their intended use but also for any reasonably foreseeable use?
A. Risk-utility test
B. Miller test
C. Consumer expectations test
D. Dominant factor test
Which of the following is a decisive argument in the criticism put forth by Carol
Gilligan against Kohlberg’s proposition on moral development?
A. Kohlberg’s initial experimental subjects were limited to young females.
B. Conceptions on morality are substantially based on gender.
C. Moral judgment evolves primarily as a function of age.
D. Moral judgment improves as a function of education.
Which of the following statements is true of Article I of the United States Constitution?
A. It establishes the court system.
B. It creates Congress and enumerates its powers.
C. It sets up the executive branch, headed by the president.
D. It addresses the relationship between the federal government and the states.
Under _____, an employer will be liable for acts outside the scope of employment.
A. respondeat superior
B. negligence liability
C. restrictive covenant
D. qualified privilege
In the context of employment discrimination, which of the following is a statutory
defense against disparate treatment and disparate impact claims under Title VII of the
Civil Rights Act of 1964?
A. Seniority
B. Marital status
C. Sexuality
D. Economic status
In the international context, _____ refers to judicial personal jurisdiction.
A. jurisdiction to enforce
B. jurisdiction to prescribe
C. jurisdiction to legislate
D. jurisdiction to adjudicate
Which of the following statements is true of the digital divide in the United States?
A. Although nearly 98 percent of American households are located where broadband is
available, 60 percent of American adults are not connected.
B. The percentage of Internet users in certain areas such as California is much lower
than some other areas such as Mississippi.
C. Seventy-six percent of white households are connected to the Internet, but only 57
percent of African-American households are connected.
D. Ninety percent of those under 65 use the Internet, but only about 50 percent of those
65 and older use the Internet.
Under Chapter 11 of the Bankruptcy Act:
A. debtors may voluntarily seek reorganization.
B. creditors cannot participate in bankruptcy procedures.
C. creditors cannot petition for an involuntary action.
D. debtors have to cease their business operations as soon as a petition is filed.
In the context of employment discrimination, which of the following is a difference
between disparate treatment and disparate impact?
A. Disparate impact claims require victims to produce evidence, whereas disparate
treatment claims do not.
B. Disparate impact is covered under Title VII of the Civil Rights Act, whereas
disparate treatment is not.
C. Disparate treatment can be corrected through affirmative action, whereas disparate
impact cannot.
D. Disparate treatment requires proof of intent, whereas disparate impact does not.
If a governmental body takes all of the economic value of a property or permanently
physically invades the property, the taking requires just compensation unless the
government is preventing a nuisance, or the regulation was permissible under property
law at the time of the purchase of the property. This type of regulatory taking is referred
to as _____.
A. mitigation
B. partial taking
C. total taking
D. exaction
Which of the following statements is true of the Resource Conservation and Recovery
Act?
A. Its provisions exclude safe movement and disposal of hazardous solid wastes.
B. It covers recycled hazardous materials.
C. Its provisions for nonhazardous solid wastes are more supportive than punitive.
D. It vests authority with the states rather than the federal government.
Which of the following statements is true of antitrust law?
A. Antitrust laws facilitate market foreclosure by raising barriers to entry.
B. Antitrust laws are designed to curb competition that poses threats to market
dominant companies.
C. Antitrust law does not apply in the event of a conglomerate merger.
D. Antitrust law does not punish efficient companies who legitimately earn and
maintain large market shares.
_____ generally refers to the contracting by U.S. companies of such services as call
centers, accounting, and customer services to foreign companies located in low-wage
markets.
A. Outsourcing
B. Featherbedding
C. Offshoring
D. Dumping
Patents that address matters of basic communication and data handling which support
and permit industrywide norms are called _____.
A. standard-essential patents
B. design patents
C. utility patents
D. quasi-legal patents
Which of the following forbids price discrimination, tying arrangements, mergers
restraining commerce or tending to create a monopoly, and interlocking directorates?
A. The Clayton Act
B. The Sherman Antitrust Act
C. The Robinson-Patman Act
D. The Sarbanes-Oxley Act
Which of the following federal agencies has the authority to issue regulations and
guidelines as well as to receive, initiate, and investigate charges of employment
discrimination against employers covered by federal antidiscrimination statutes?
A. The Department of Labor
B. The Equal Employment Opportunity Commission
C. The Department of Justice
D. The Employee Assistance Certificate Commission
A few firms sharing monopoly power constitute a(n) _____.
A. monopsony
B. monopolistic market
C. oligopoly
D. perfectly competitive market