A restaurant regularly overfills trash cans in the alley and improperly - 17931

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A restaurant regularly overfills trash cans in the alley and improperly disposes left-over meat and other perishables. Which of the following laws will regulate this incident?

 

Private law

 

Public and civil law

 

Public law

 

Criminal and public law

A collection of rules and decisions made by government agencies is known as _____ law.

 

agency

 

common

 

corporate

 

administrative

 

New statutory law can revoke _____ law.

 

criminal

 

case

 

private

 

corporate

 

“Not letting morality interfere with the obedience of law” comes under which concept?

 

Legal positivism

 

Natural law

 

Identification with the vulnerable

 

Tradition

 

Which of the following concepts come under legal realism?

 

Law can never be enforced with complete consistency.

 

Past practice was the product of careful thought.

 

Some higher law or body of moral principles connects all of us in the human community.

 

Certain ethical laws and principles believed to be morally right and “above” the laws devised by humans.

 

What is an ethical dilemma?

 

Application of ethics to the special problems and opportunities experienced by businesspeople.

 

A problem about what a firm should do, for which no clear, right decision is available.

 

Study and practice of decisions about what is good, or right.

 

The expectations that communities have from businesses.

 

The legality of a business decision is the _____ standard that must be met.

 

optional

 

maximal

  

minimal

 

moderate

Why must multinational companies take into account the different ethical understandings that prevail in a different country?

 

Law and business ethics serve as an interactive system—informing and assessing each other.

 

Business ethics can never produce a list of correct business decisions that all ethical businesses will make.

 

Legal rules that govern the exchange have been shaped in large part by our sense of commercial ethics.

 

Ethical conceptions shape business law and business relationships uniquely in each country.

 

Which of the following statements is true according to the categorical imperative of deontology?

 

No decision taken by the business manager can be wrong as morality is subjective.

 

A business manager should put himself in the shoes of the person to be affected by his decision and then decide.

A business decision can be evaluated on the basis that it would be consistent for everyone in society to take the same decision.

 

A business manager should choose the action which yields the greatest amount of pleasure over pain for all involved.

Which of the following theories of business ethics is most concerned with human relationships?

 

Virtue ethics

 

Utilitarianism

 

Ethics of care

 

Deontology

 

 

Which of the following cases would fall under concurrent federal jurisdiction?

 

Federal-question cases

 

Cases involving admiralty law

 

Federal patent, trademark, and copyright cases

 

Bankruptcy cases

 

In a case between Mann versus Roberts in the state of Iowa, one party appealed the verdict of the state trial court. In the absence of an intermediate court of appeal, where would the case be heard?

 

State Trial Court

 

Federal Circuit court

 

State Supreme Court

 

Federal Trials Court

 

Usually the issue of _________ arises when one party claims that the case is moot.

 

ripeness

 

controversy

 

personal stake

 

standing

 

What is a directed verdict?

 

A verdict reached through an informal meeting of the judge with the attorneys representing the parties where the parties try to work out a settlement.

 

A verdict for the defendant as the jury would have no legal basis for decision in favor of plaintiff even if it regarded the plaintiff’s claims to be true.

 

A verdict given in favor of the plaintiff when the defendant fails to answer the summons.

 

A verdict given by recruited individuals who match the demographics of the jury.

A _____ is a written argument explaining why an appeal is being made.

 

motion

 

verdict

 

settlement

 

brief

Firm X and Firm Y are in dispute over a contract. They decide to use a form of alternative dispute resolution (ADR) to settle the dispute in which both parties meet to discuss the issue. Firm X brings their lawyer to this meeting but Firm Y does not. Which form of ADR is most likely being used here?

 

Arbitration

 

Facilitation

 

Mediation

 

Negotiation

Which of the following is one of the main goals of a mediator in a dispute?

 

Describing the problematic incident leading to the dispute.

 

Helping each party to listen to their opponent’s concerns.

 

Generating alternatives for the disputed points.

 

Helping each party to receive the maximum gains.

Which of these differentiates an arbitration proceeding from a trial?

 

The outcome of the hearing is a legally binding decision.

 

The use of legal counsel by the parties involved.

The absence of official written records of the hearing.

 

The presence of a neutral third party at the hearing.

 

David Myer seeks to resolve his dispute with his manager Ray Thorn. They both zero in on Rachel Moran to act as a neutral third party. Myer and Thorn take turns to explain their position to Ms. Moran who enumerates the strengths and weaknesses of the case. Using this assessment, Myer and Thorn reach a settlement. Which form of ADR is being used here?

 

Peer review

 

Private trial

 

Med-Arb

 

Early neutral case evaluation

 

Which of the following forms of ADR generally occurs after a case has been filed in a district or state court?

 

Arbitration

 

Summary jury trial

Private trial

 

Minitrial

What is meant by federal supremacy?

 

It is a clause which annuls any state or local law that directly conflicts with the U.S. Constitution or federal laws.

 

It is a clause that prohibits states from passing laws that significantly interfere with interstate legislations.

 

It is a clause that grants the federal government the authority to pass regulations that significantly affect the governance of the state legislatures.

 

It is a clause that strikes down laws that do not directly conflict with a federal law but attempt to regulate an area within federal jurisdiction.

 

In addition to the federal environmental standards of solid waste management, the state of Illinois was allowed to pass a new law regulating the disposal of toxic industrial wastes into the Great Lakes. This was a result of:

 

concurrent authority.

 

federal supremacy.

 

state preemption.

 

federal preemption.

The city of Chicago passed an ordinance banning spray painting in the city as a means to reduce graffiti. X Emulsions, a Texan paint manufacturing giant, challenged this legislation as a violation of the ____.

 

dormant commerce clause

 

supremacy clause

 

commerce clause

 

immunity clause

According to the takings clause:

 

all privately owned property used by the government are protected under the Fourth Amendment.

 

if a regulation prohibits the owner from deriving any economic benefit from his land, a taking has occurred and the owner must be compensated.

 

regulatory taking does not warrant compensation by the government as it is not protected by the constitution.

 

when the government takes private property for public use, it must pay compensation only when the property has been used for commercial purposes.

The Fifth Amendment provides that when the government deprives a private property owner of all economically beneficial uses of property, it constitutes a taking for which the takings clause requires payment.

 

If a law prevents individuals from exercising a fundamental right, the action will be subject to ____.

 

transitional scrutiny

 

strict scrutiny

 

intermediate scrutiny

 

the rational-basis test

 

 

                                       

Solution Description

 

A restaurant regularly overfills trash cans in the alley and improperly disposes left-over meat and other perishables. Which of the following laws will regulate this incident?

 

Private law

 

Public and civil law

 

Public law

 

Criminal and public law

A collection of rules and decisions made by government agencies is known as _____ law.

 

agency

 

common

 

corporate

 

administrative

 

New statutory law can revoke _____ law.

 

criminal

 

case

 

private

 

corporate

 

“Not letting morality interfere with the obedience of law” comes under which concept?

 

Legal positivism

 

Natural law

 

Identification with the vulnerable

 

Tradition

 

Which of the following concepts come under legal realism?

 

Law can never be enforced with complete consistency.

 

Past practice was the product of careful thought.

 

Some higher law or body of moral principles connects all of us in the human community.

 

Certain ethical laws and principles believed to be morally right and “above” the laws devised by humans.

 

What is an ethical dilemma?

 

Application of ethics to the special problems and opportunities experienced by businesspeople.

 

A problem about what a firm should do, for which no clear, right decision is available.

 

Attachments
Ch 1-5 Q.docx
Ch 1-5 Q.docx