BLAW 3430 - Practice Exam 1
1. The enforcement of laws in most soci- True
eties is putative, punishing failure to follow
those laws, rather than rewarding those
who do follow the laws.
True
False
2. The Founding Fathers of the United States False
insisted upon a strong federal government
that took power from the individual state
governments.
True
False
3. Which of the following best describes the The law is an essential part of
law in our society? practically every aspect of our
The law is relegated to the courtroom. lives.
In the United States, the law is consistent The law is a part of most as-
from state to state. pects of our lives, particular-
We only need to concern ourselves with ly in matters of business and
the law when we need its protections. work.
The law is an essential part of practically
every aspect of our lives.
4. Which characteristic of law is used to de- flexibility
cide how the law applies to the rights of The question of how to take
copyright holders when internet sites al- a three-hundred-year-old law
low users to post copyrighted videos that like copyright law and adapt it
were created before there was an internet? to function under a new set of
authority circumstances tests the flexi-
pervasiveness bility of the law. The ability of
consistency the law to address changes in
flexibility society and respond accord-
ingly is a characteristic of the
law that is essential to assur-
ing its survival.
5. Who oversees the day-to-day application administrative agencies
of laws and regulations across dozens of Administrative agencies at the
, BLAW 3430 - Practice Exam 1
jurisdictions? federal, state, and local level
administrative agencies oversee the day-to-day appli-
courts cation of laws and regulations
law enforcement officers within their designated juris-
Congress diction. For example, the Inter-
nal Revenue Service (IRS) ad-
ministers federal statutory tax
law.
6. Court decisions are a form of common law
that set precedent that can Common laws are laws that
be used in similar cases. are based on previous court
statutory law decisions or precedent. The
civil law body of common law contin-
criminal law ues to grow as court decisions
common law add to precedent that can be
used in future cases.
7. Litigation decisions in the United States False
usually reflect one school of jurispru-
dence.
True
False
8. Once a business has developed a set of make it available for every
behavioral ethics, what is the best thing to stakeholder
do with this set of behavioral rules? Because a business's ethical
keep it private for use by the officers of the code should be the basis for
business all major decisions by every
keep it for use only in an emergency member of the organization,
make it available on a limited basis since making all stakeholders aware
it is likely to change regularly of this code will inform their
make it available for every stakeholder work and their decisions.
9. Descriptive ethics describes the acts or omis-
indicates how we should judge the charac- sions of people which appear
ter of people based on their morally signif- to have moral weight.
icant decisions. The study of descriptive ethics
states that what is ethical is what is normal is often undertaken by so-
for a community. cial and behavioral scientists
, BLAW 3430 - Practice Exam 1
describes the acts or omissions of people who research how people un-
which appear to have moral weight. derstand morality and apply
describes how people should act and that understanding in making
which acts are morally right. morally significant decisions.
10. Actions that are completely legal can be True
used to facilitate highly unethical results.
True
False
11. Which school of thought holds that a busi- social responsibility
ness should prioritize the needs of society The social responsibility
above the business's own needs? school of thought holds that
enlightened self-interest the role of business is to serve
social responsibility the larger society by respond-
the invisible hand ing to society's needs as a
inherence first priority. These businesses
adhere to the belief that their
sense of social responsibility
contributes to their long-term
success.
12. What does the Latin phrase stare decisis to stand on decided cases
mean? he Latin phrase stare decisis
to understand the power of the courts means to stand on decided
to consider all aspects cases.
to follow the order of law
to stand on decided cases
13. If two counties within a state have a dis- the state supreme court
pute, where would the trial take place? The state supreme court
the state supreme court would hear the case in order
the city courts to ensure fairness.
the general trial courts
the state courts of appeals
14. Rey owns a multimedia company in Penn- diversity jurisdiction.
sylvania. Jeff owns a different multime- Even if a case does not con-
dia company in New Jersey. Rey is filing cern a federal law, the case
a patent infringement suit in U.S. District may be heard in a federal
, BLAW 3430 - Practice Exam 1
Court against Jeff for one million dollars. court if the plaintiff and de-
This type of jurisdiction is an example of fendant are citizens of differ-
range jurisdiction. ent states and the amount of
exclusive jurisdiction. the dispute exceeds seven-
diversity jurisdiction. ty-five thousand dollars. This
long-arm jurisdiction. is known as diversity jurisdic-
tion.
15. The president can make treaties with two-third
other countries with the support of Under Article II, Section 2
of the Senate. of the U.S. Constitution, the
one-third president has the power to
one-half make treaties with the support
two-thirds of two-thirds of the Senate.
three-quarters
16. In equity proceedings, the party bringing a petitioner.
lawsuit is called the In equity proceedings, the par-
petitioner. ty bringing a lawsuit is called
respondent. the petitioner.
plaintiff.
defendant.
17. Criminal trials held in federal district False
courts are governed by the Federal Rules
of Civil Procedure.
True
False
18. Which of the following statements is true A motion to dismiss is typically
about a motion to dismiss? filed by the defendant.
A motion to dismiss is typically filed by the A motion to dismiss is typically
defendant. filed by the defendant in re-
A motion to dismiss is typically filed at the sponse to the complaint and
end of the trial. would not wait until the end of
Either party can file a motion to dismiss if the trial.
there are no facts in dispute.
A motion to dismiss is filed when the com-
plaint needs to be edited for clarity.
1. The enforcement of laws in most soci- True
eties is putative, punishing failure to follow
those laws, rather than rewarding those
who do follow the laws.
True
False
2. The Founding Fathers of the United States False
insisted upon a strong federal government
that took power from the individual state
governments.
True
False
3. Which of the following best describes the The law is an essential part of
law in our society? practically every aspect of our
The law is relegated to the courtroom. lives.
In the United States, the law is consistent The law is a part of most as-
from state to state. pects of our lives, particular-
We only need to concern ourselves with ly in matters of business and
the law when we need its protections. work.
The law is an essential part of practically
every aspect of our lives.
4. Which characteristic of law is used to de- flexibility
cide how the law applies to the rights of The question of how to take
copyright holders when internet sites al- a three-hundred-year-old law
low users to post copyrighted videos that like copyright law and adapt it
were created before there was an internet? to function under a new set of
authority circumstances tests the flexi-
pervasiveness bility of the law. The ability of
consistency the law to address changes in
flexibility society and respond accord-
ingly is a characteristic of the
law that is essential to assur-
ing its survival.
5. Who oversees the day-to-day application administrative agencies
of laws and regulations across dozens of Administrative agencies at the
, BLAW 3430 - Practice Exam 1
jurisdictions? federal, state, and local level
administrative agencies oversee the day-to-day appli-
courts cation of laws and regulations
law enforcement officers within their designated juris-
Congress diction. For example, the Inter-
nal Revenue Service (IRS) ad-
ministers federal statutory tax
law.
6. Court decisions are a form of common law
that set precedent that can Common laws are laws that
be used in similar cases. are based on previous court
statutory law decisions or precedent. The
civil law body of common law contin-
criminal law ues to grow as court decisions
common law add to precedent that can be
used in future cases.
7. Litigation decisions in the United States False
usually reflect one school of jurispru-
dence.
True
False
8. Once a business has developed a set of make it available for every
behavioral ethics, what is the best thing to stakeholder
do with this set of behavioral rules? Because a business's ethical
keep it private for use by the officers of the code should be the basis for
business all major decisions by every
keep it for use only in an emergency member of the organization,
make it available on a limited basis since making all stakeholders aware
it is likely to change regularly of this code will inform their
make it available for every stakeholder work and their decisions.
9. Descriptive ethics describes the acts or omis-
indicates how we should judge the charac- sions of people which appear
ter of people based on their morally signif- to have moral weight.
icant decisions. The study of descriptive ethics
states that what is ethical is what is normal is often undertaken by so-
for a community. cial and behavioral scientists
, BLAW 3430 - Practice Exam 1
describes the acts or omissions of people who research how people un-
which appear to have moral weight. derstand morality and apply
describes how people should act and that understanding in making
which acts are morally right. morally significant decisions.
10. Actions that are completely legal can be True
used to facilitate highly unethical results.
True
False
11. Which school of thought holds that a busi- social responsibility
ness should prioritize the needs of society The social responsibility
above the business's own needs? school of thought holds that
enlightened self-interest the role of business is to serve
social responsibility the larger society by respond-
the invisible hand ing to society's needs as a
inherence first priority. These businesses
adhere to the belief that their
sense of social responsibility
contributes to their long-term
success.
12. What does the Latin phrase stare decisis to stand on decided cases
mean? he Latin phrase stare decisis
to understand the power of the courts means to stand on decided
to consider all aspects cases.
to follow the order of law
to stand on decided cases
13. If two counties within a state have a dis- the state supreme court
pute, where would the trial take place? The state supreme court
the state supreme court would hear the case in order
the city courts to ensure fairness.
the general trial courts
the state courts of appeals
14. Rey owns a multimedia company in Penn- diversity jurisdiction.
sylvania. Jeff owns a different multime- Even if a case does not con-
dia company in New Jersey. Rey is filing cern a federal law, the case
a patent infringement suit in U.S. District may be heard in a federal
, BLAW 3430 - Practice Exam 1
Court against Jeff for one million dollars. court if the plaintiff and de-
This type of jurisdiction is an example of fendant are citizens of differ-
range jurisdiction. ent states and the amount of
exclusive jurisdiction. the dispute exceeds seven-
diversity jurisdiction. ty-five thousand dollars. This
long-arm jurisdiction. is known as diversity jurisdic-
tion.
15. The president can make treaties with two-third
other countries with the support of Under Article II, Section 2
of the Senate. of the U.S. Constitution, the
one-third president has the power to
one-half make treaties with the support
two-thirds of two-thirds of the Senate.
three-quarters
16. In equity proceedings, the party bringing a petitioner.
lawsuit is called the In equity proceedings, the par-
petitioner. ty bringing a lawsuit is called
respondent. the petitioner.
plaintiff.
defendant.
17. Criminal trials held in federal district False
courts are governed by the Federal Rules
of Civil Procedure.
True
False
18. Which of the following statements is true A motion to dismiss is typically
about a motion to dismiss? filed by the defendant.
A motion to dismiss is typically filed by the A motion to dismiss is typically
defendant. filed by the defendant in re-
A motion to dismiss is typically filed at the sponse to the complaint and
end of the trial. would not wait until the end of
Either party can file a motion to dismiss if the trial.
there are no facts in dispute.
A motion to dismiss is filed when the com-
plaint needs to be edited for clarity.
