ETH 321T Week 1 Assignment 2 | University of Phoenix | Assignment Help
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ETH 321T Week 1 Assignment 2 | University of Phoenix | Assignment Help
1. Which legal theory is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 3
Joyce: We had a lawsuit filed about this after the pastry rumble of 2017 and there was . . . oh yeah, I remember there were some specific rules that are detailed out in 34 (b), section 4.
Bob: Those stupid rules were just made right after Winfred face-planted in the donuts when he slipped trying to get past Alison. They don't apply here and now. There wouldn't even be donut rules if he'd paid attention to his own big feet.
End Part 3
o Irrational forces perspective.
o Natural law school of thought.
o Historical perspective school of thought.
o Critical legal studies school of thought.
2. Federico is in a financial dispute. He is trying to collect money for a project he completed, but the debtor does not want to pay the money owed to Federico. Which court that would most likely address this situation?
o U.S. Bankruptcy Court
o U.S. Tax Court
o State Small Claims Court
3. Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 2
Bob: Listen, donuts are made to bring joy into our lives and to wake up our glazed faculties. Just let them be distributed according to unchanging moral principles of justice. The donuts will distribute themselves according to natural principles. We just take what we want and the leftovers will be appreciated by those who enjoy them most. Don't overcomplicate this. Where's the chocolate milk?
End Part 2
o Irrational forces perspective.
o Critical legal studies school of thought.
o Natural law school of thought.
o Historical perspective school of thought.
4. The federal government passes a law which targets one specific company even though it does not operate any differently from other local companies. Which law or principle of law is not being properly upheld?
o Procedural Due Process
o First Amendment
o Equal Protection Laws
o Substantive Due Process
5. Clara is suing David because of a property dispute. Clara and David are from different states, so it is not readily clear which state has jurisdiction over this case. Which of the following is true?
o Jurisdiction falls in Clara's state of residence, since she is the plaintiff.
o Jurisdiction depends solely on where the property - the focus of the dispute - is located.
o Jurisdiction falls in David's state of residence, since he is the one being summoned to court.
o Jurisdiction can fall in whichever state has subject matter or personal jurisdiction, likely depending on which state Clara feels will give her a more favorable outcome for her case.
6. Claudia feels strongly against a law that was recently passed in her hometown. She proceeds to write letters to the local newspaper criticizing the effect of the law. She also marches up and down the sidewalk in front of city hall loudly publicizing her opinion. Which law or principle of law which is most relevant to this situation?
o First Amendment
o Substantive Due Process
o Procedural Due Process
o Equal Protection Laws
7. Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 6
Bob: Donut spheres? Glazed happiness? Anyone notice who is not eating donuts right now? Are we about to form a blue-ribbon commission here?
David: Bob, don't you see what's happening. While we fight over which one of us gets the goodies, our coworkers, who are actually working by the way, are missing out on these delicious chemical donuts. Meanwhile our friend Alison will be left out of the mix as well as Winfred, who is again in the hospital. What about our custodial and shipping people who are relegated to the basement world? Once again, they will get no goodies, and they are the ones doing the actual work. They aren't even allowed up here in our break room because we don't want their greasy hands on our microwave. The only good reason for rules here is to protect the donut-less among us. Donut laws are not any good unless they address the inequalities that would not otherwise even be considered.
End Part 6
o Command school of thought.
o Legal realism school of thought.
o Law and economics school of thought.
o Sociological school of thought.
8. Sally and Kirk are at odds over the details of a business contract. Neither of them wants to go to court, but they both refuse to make a compromise on the terms they expect from one another. Which of the following would most easily force them to a resolution?
o Non-binding arbitration
o Legally-binding mediation
o Negotiation
o Legally-binding arbitration
9. Charlie is summoned for jury duty. While still in the selection process, it is discovered that one of the parties to the case used to be an old friend and neighbor of Charlie's. Which of the following would most likely happen?
o Charlie would be excluded for cause.
o Charlie can refuse to serve on the jury.
o Charlie would be preserved on the jury since he would have inside information about one of the parties.
o Charlie would be excluded through preemptory challenge.
A relationship with one of the parties is substantial cause to remove a person from a jury.
10. Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 4
Lee: Right. Inflexible rules, applied the same way every time and in every situation, are just a sign of corporate insanity. This is a company that knows how to adapt and make smart decisions based on the circumstances at hand. Remember when we found out that Allied Chemical hair gel accelerated hair growth at twice the industry standard . . . just before the hair would fall out? Remember what happened to Winfred after he tested out the stuff for us? Remember how happy Allied Chemical was with us when we figured how to market their goop anyway? The rules are made to help us, the best of the best, get what we want. We are the "enlightened" of the break room, and the rules are meant to help US get what WE want.
End Part 4
o Sociological school of thought.
o Critical Legal Studies school of thought.
o Legal realism school of thought.
o Irrational forces perspective.
11. A television producer/director receives the following script designed to celebrate National Donut Day. As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.
Help her out: Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 1
(The scene is a lunchroom or break room. There are at least three round tables visible and perhaps a vending machine, microwave, or refrigerator in the background. Of the three tables, no one is sitting at the center table as the scene opens.)
Karen: (She walks in carrying two big boxes of donuts and places them on the center table.) Allied Chemical just dropped these off to thank us for our work on the "Expressly Hair" project. Have fun. (She is unenthusiast. She shows absolutely no interest in the donuts and quickly leaves. Everyone else, except Alison, immediately stands. Alison is still showing an interest in the goodies but not moving toward them. Joyce immediately positions herself between the donuts and Bob.)
Bob: It's a donut festival!
Joyce: (She moves to block and slow him, as if checking him in basketball.) Just wait a second! We have to first establish the rules.
Bob: Rules, in a donut festival?
Joyce: Yes rules. Last time donuts like these were brought in, Winfred got a broken nose and, once again, Alison didn't get any. We aren't animals. If we don't slow down, someone is going to accidentally eat the cardboard again.
Bob: Oh, no. Here we go. Where's the PowerPoint?
Joyce: There are guidelines in the employee handbook that have been developed over many years that detail out exactly what is to be done with these kind of employee gifts. (She opens a thick binder.) Nearly any scenario you can imagine has been detailed out in section 34 (b), including pastries from chemical companies. Practices and procedures have been set and we would be smart to follow them.
End Part 1
o Critical legal studies school of thought.
o Historical perspective school of thought.
o Irrational forces perspective.
o Natural law school of thought.
12. Dixonville has had fundamentally the same demographics, economic system, and social structure for decades. In recent years these factors have begun to shift, causing many to call for new legislation and legal practices. Shifting the legal structure of Dixonville in order to account for the changes that are occurring would be in accordance with the __________ school of jurisprudential thought.
o Historical
o Natural Law
o Irrational Forces
o Legal Realism
o Sociological
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13. Adelyn is in a financial dispute with her creditor. She wants to declare bankruptcy because she is finding herself unable to meet the requirements of paying off her debt. Which court that would most likely address this situation?
o State Small Claims Court
o U.S. Bankruptcy Court
o U.S. Tax Court
14. Sage files a complaint against Isabel, alleging that Isabel is responsible for damages to Sage's property. Isabel thinks the allegations are ridiculous and doesn't bother to respond to the complaint which she has been served. Which of the following is likely true?
o A court can judge in Sage's favor because Isabel seems to be constructively admitting to Sage's allegations.
o A court can judge in Sage favor because Isabel is not bargaining in good faith.
o A court will not open a case or post a judgment until Isabel chooses to respond.
o A court will judge in Isabel's favor if it knows she thinks the charges are ridiculous.
This is the definition of a default.
15. A law was recently passed in the city of Birmingdon that specifies a long list of restrictions on disposing of different kinds of waste material. The law is long, meticulous, and complicated, and many citizens do not understand all the points of the law or the purpose it is meant to fulfill. Citizens are commonly caught breaking the ordinance. Which law or principle of law will help defend them? Select the most relevant answer for this situation.
o Procedural Due Process
o First Amendment
o Substantive Due Process
o Equal Protection Laws
16. Which of the following situations would most likely receive a change of venue?
o A woman wants a change of venue when it appears that all jurors to the case will be male.
o A local teacher is taken to court after a video of him beating his students goes viral and is viewed by most people in town..
o A defendant in a case requests a change of venue because the location of the trial is inconveniently far away from the state where he lives.
o An employer who is accused of racially-discriminatory practices wants a change of venue when it finds out that the local venue judge is African-American.
17. After a tragic event in which an armed intruder storms into a mall and fatally shoots several people, the city of Belmonte institutes a law that prohibits any form of weapon in public retail establishments. This reaction would be an example of following which school of jurisprudential thought?
o Natural Law
o Historical
o Legal Realism
o Irrational Forces
o Sociological
18. An appeals court feels that a lower court has made an incorrect judgment concerning a civil law case. Which of the following would be the mostly reason to remand the case back to the lower court?
o The appellate court wants to see more evidence before it can make an informed decision.
o The appellate court found a mistake of law that occurred during the initial trial.
o The appellate court wants the lower court to handle the case, since it is a civil rather than criminal case.
o The appellate court is not interested in the case.
Mistakes of law are the main reason for an appellate court hearing a case in the first place. They are also the main reason cases are remanded back to lower courts.
19. Devon is accused of robbing a jewelry store and is summarily thrown in jail. Which law or principle of law will help Devon in this situation?
o Equal Protection Laws
o First Amendment
o Procedural Due Process
o Substantive Due Process
20. Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 7
Alison: (She stands during David's speech as if inspired but sits down once Bob starts talking.)
Bob: Right. Power to the people David. Anyone else hungry? (He tries to slowly move to the donuts and Joyce continues to defend them like a point guard.)
Lee: I have an idea that might address all of these issues. What if none of us have any of these donuts but instead we break up into teams and sell them to our coworkers for a profit? Instead of getting one or two donuts, we can stop on our way home and pick up a dozen of them each with our profits. In this case, we ignore the company stick-in-the-mud book regulations because, as you can see, we are obviously presented with some opportunities for a little economic development. Corporate rules here must bow to economic opportunity. If we let our rules block our prosperity, what kind of company will we become?
End Part 7
o Command school of thought.
o Law and economics school of thought.
o Sociological school of thought.
o Legal realism school of thought.
21. A law which promotes the opportunity for foreign workers to obtain employment, housing, and medical care regardless of their citizenship status would likely fall under which school of jurisprudential thought?
o Natural Law
o Irrational Forces
o Legal Realism
o Historical
o Sociological
22. Annie is an observer to a legal dispute between two of the tenants in a building she manages. She has documented information relevant to the case but prefers not to get involved in the dispute. Which of the following is true?
o Annie can be required via subpoena to provide the information she has.
o Annie is required by Good Samaritan laws to put forth any information she has relevant to the case.
o Annie can refuse any and all attempts by a court to involve her in the dispute.
o Annie cannot provide any information since her position as a manager precludes her ability to be unbiased.
23. Which jurisprudential school of thought relies the most upon precedent in establishing law?
o Irrational Forces
o Natural Law
o Sociological
o Historical
o Legal Realism
24. The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Under the strict scrutiny test, which of the following statements is true?
o JuneCorp can contest the legality of the law if the law doesn't serve a state interest.
o JuneCorp can contest the legality of the law if all three scrutiny tests determine that the law is necessary.
o JuneCorp cannot contest the legality of the law if only its finances are harmed.
o JuneCorp cannot contest the law because the government makes the laws and therefore has the final say.
A court would need to determine that the law does not pass whichever scrutiny level applies to this situation. The key to overturning biased laws is proving that they do not further important state interests.
25. Which of the following situations would not substantiate proper standing to sue?
o TreesForDays, an environmental activist group, wants to sue a company dumping chemicals into a river in a different state.
o Calvin wants to sue his sister after finding out she has been taking cash from the cash register at the family business.
o Aniesha wants to sue her neighbor Robert after she witnessed him steal someone else's car.
o Tyler wants to sue Kevin after Kevin harms Tyler's sister in a car crash which leaves her sister in a coma.
26. Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 8
(Just then Calvin, the fit CEO, comes jogging into the room with a water bottle in hand. He spots the donuts and shows his disgust.) Calvin: Why do people inflict such nasty, sugar-coated poison on all of us?! A healthy workplace is a happy workplace. (He takes both boxes of donuts, puts them in a small, dirty, battered trash can and steps on them to squash them down, making them suddenly inedible. He smiles at everyone as if they all agree that he has done them a great service.) That's my job as CEO, to help everyone realize a long and happy life! Cheers! (He runs from the room as everyone looks on in stunned silence. After a couple of seconds Bob collapses on the floor next to the garbage can, looking at the destroyed donuts as if they were a long-lost love.)
End Part 8
o Law and economics school of thought.
o Legal realism school of thought.
o Command school of thought.
o Sociological school of thought.
27. Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true?
o The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.
o If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted.
o Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway.
o If the plaintiff meets a "clear and convincing" burden of proof, Casey will be found guilty.
Since Casey is being charged with criminal allegations, a jury would need a "beyond a reasonable doubt" burden of proof to be met.
28. Determine which moral standard of social responsibility the business is observing.
Meg's company decided to build an additional factory in a small community. When the community started a protest because of the negative impact the factory would potentially have, Meg's company promised to prevent and pay for any negative impact to the community. It also offers to build a community park to balance out the negative impact the factory might cause.
o Profit-Maximizing Moral Standard
o Indeterminable
o Stakeholder Theory Moral Standard
o Moral Minimum Standard
o Corporate Citizenship Moral Standard
29. NoraCorp wants to meet a moral minimum of ethical behavior in its operations. It is planning a merger with another company which would cause any or all of the following:
I) Stock price will go up, positively impacting shareholders
II) The company could build a new central headquarters, which would decrease nearby property values
III) The company could fire 200 employees
IV) The company could afford a new production facility, which would negatively impact the environment and landowners' property.
V) The company could offer higher-quality products to customers for lower cost, positively impacting customers.
NoreCorp decides to move forward with the merger. All of the above events occur, but NoraCorp offers severance packages to the employees it fires and plans to compensate landowners for damages caused by the new production facility. Which of the following is true?
o NoraCorp has met its moral minimum requirements.
o NoraCorp has not met its moral minimum requirements.
o NoraCorp has exceeded its moral minimum requirements, meeting a "corporate citizenship" level of social responsibility.
30. Radcliffe is a college business professor with little education but extensive experience in business. A treaty negotiating the free trade of educational opportunities was just passed between Canada and the U.S., and it includes a condition that "all university professors must have at least a master’s degree in order to teach." Which of the following is true?
o Radcliffe may still teach as long as he only teaches in the U.S.
o The treaty is only enforceable if it doesn’t conflict with state law in Radcliffe’s state.
o Radcliffe no longer meets the qualifications to teach.
o Radcliffe may not be restricted from teaching if his university has no rule concerning the need for a master’s degree.
31. Determine which moral standard of social responsibility the business is observing.
Vivian’s company is considering building a huge new department store in a small town. The community argues that the store will disrupt local commerce and harm local business owners. Vivian argues that the store will save money for customers and bring more jobs to the community. Assume both arguments are true.
o Stakeholder Theory Moral Standard
o Indeterminable
o Corporate Citizenship Moral Standard
o Profit-Maximizing Moral Standard
o Moral Minimum Standard
32. Moira is ashamed to discover that her son stole an apple from the cafeteria and gave it to another student who had no lunch. She grounds him from watching TV as punishment. Which philosophy of ethics is applies here?
o Social Justice Theory
o Virtue Ethics
o Utilitarianism
o Kantianism
33. Silvia and her brother Clyde make a code of rules they have to follow together. The rules are as follows:
I) If Silvia bakes a cake, then Clyde can eat as much of it as he wants.
II) Silvia and Clyde can only go to movies they are both interested in seeing.
III) Every time Clyde borrows Silvia's car, he must put some gas in it. Silvia must do the same when she borrows Clyde's motorcycle.
IV) If Clyde makes a cobbler, Silvia can eat as much of it as she wants.
Which ethical philosophies are represented in these rules?
o Social justice theory only
o Social justice theory and Kantian ethics
o Social justice theory and Kantian ethics
o Kantian ethics and utilitarianism
34. Determine which moral standard of social responsibility the business is observing.
Brad's company has a smokestack that pollutes the air in a nearby community. When people begin complaining about the pollution, the company pays to have a stack scrubber installed on the smokestack to limit the pollution but does not respond to the community's complaints.
o Profit-Maximizing Moral Standard
o Corporate Citizenship Moral Standard
o Stakeholder Theory Moral Standard
o Moral Minimum Standard
o Indeterminable
35. Country A and Country B have had an informal trading arrangement for many years wherein merchants on the border of the countries may freely trade goods without the restriction of fees. Which of the following is true?
o The government of Country A may not arbitrarily begin to charge fees for items brought in from Country B.
o Country A and Country B have a binding agreement to this arrangement under customary international law.
o More than one response is correct.
o Country A and Country B have no binding agreement under customary international law.
36. Finley wants to make as many people happy as possible. He steals from a greedy CEO in order to give money to a large number of poor people. Which philosophy of ethics is applicable?
o Virtue Ethics
o Utilitarianism
o Social Justice Theory
o Kantianism
37. Nation A makes is illegal for its citizens to own more than one vehicle in order to reduce emissions. Nation A’s neighbor Nation B disagrees with the decision and refuses to enforce it in its own borders but refrains from contesting the decision in court. Which principle of International Law is at play?
o Comity of Nations
o Act of State Doctrine
o Sovereign Immunity
38. Lula thinks that people who discipline their children by spanking should be sent to jail and says she would be glad to go to jail if she was caught spanking her child. Which philosophy of ethics is applicable?
o Social Justice Theory
o Kantianism
o Utilitarianism
o Virtue Ethics
39. Nation A is neighbors with Nation B. When an international crime lord who operates in both countries is captured by Nation A, it sentences him to a lifetime of heavy labor. Nation B wants to have the criminal executed, but it defers to Nation A’s judgment. Which principle of International Law is at play?
o Sovereign Immunity
o Act of State Doctrine
o Comity of Nations
40. Determine which moral standard of social responsibility the business is observing.
Genie's company is considering building an annex to its main factory. While deciding on the project, the board of directors discusses the impact the the annex would have on the local community, shareholders, company profits, and nearby landowners.
o Stakeholder Theory Moral Standard
o Moral Minimum Standard
o Corporate Citizenship Moral Standard
o Profit-Maximizing Moral Standard
o Indeterminable
USA 
India