Which of the following would be the mostly reason to remand the case back to the lower court?

ETH 321 Week 1 Apply Assignment


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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?

·        The appellate court wants to see more evidence before it can make an informed decision.

·        The appellate court found a mistake of law that occurred during the initial trial.

·        The appellate court wants the lower court to handle the case, since it is a civil rather than criminal case.

·        The appellate court found a mistake of fact that occurred during the initial trial.

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Which legal school of thought is illustrated in this dialogue?

DONUT DAY AT THE OFFICE

Part 5

Derek: We need someone we can trust who can divide up the donuts. One set of rules can’t always be applied here. If we had an impartial judge or two in the mix, someone who doesn’t like donuts perhaps, they could take into account all of the changing factors impacting our donut sphere and make up rules that will bring glazed-happiness to all who seek it.

End Part 5

·        Sociological school of thought.

·        Critical legal studies school of thought.

·        Irrational forces perspective.

·        Legal realism school of thought.

  Bookmark question for later

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 

·        Law and economics school of thought.

·        Legal realism school of thought.

·        Command school of thought.

·        Sociological school of thought.

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Devon is accused of robbing a jewelry store and is summarily thrown in jail. Which law or principle of law which is most relevant to this situation?

·        Substantive Due Process

·        Equal Protection Laws

·        First Amendment

·        Procedural Due Process

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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?

·        A court can judge in Isabel’s favor even if she doesn’t respond if it appears Sages allegations are frivolous.

·        A court can judge in Sage favor because Isabel is not bargaining in good faith.

·        A court can judge in Sage’s favor because Isabel seems to be constructively admitting to Sage’s allegations.

·        A court will not open a case or post a judgment until Isabel chooses to respond.

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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?

·        Negotiation

·        Legally-binding mediation

·        Legally-binding arbitration

·        Non-binding arbitration

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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?

·        Legal Realism

·        Sociological

·        Natural Law

·        Irrational Forces

·        Historical

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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?

·        Jurisdiction falls in David’s state of residence, since he is the one being summoned to court.

·        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.

·        Jurisdiction falls in Clara’s state of residence, since she is the plaintiff.

·        Jurisdiction depends solely on where the property – the focus of the dispute – is located.

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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 made after Winfred face-planted in the donuts when he slipped trying to get past Alison. They don’t apply here. There wouldn’t even be donut rules if he’d paid attention to his own big feet.

End Part 3 

·        Historical perspective school of thought.

·        Critical legal studies school of thought.

·        Natural law school of thought.

·        Irrational forces perspective.

  Bookmark question for later

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 over complicate this. Where’s the chocolate milk?

End Part 2

·        Natural law school of thought.

·        Irrational forces perspective.

·        Historical perspective school of thought.

·        Critical legal studies school of thought.

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Federico is in a financial dispute. He is trying to collect money for services rendered, but the debtor does not want to pay the money owed to Federico. Which court that would most likely address this situation?

·        U.S. Bankruptcy Court

·        State Small Claims Court

·        U.S. Tax Court

  Bookmark question for later

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

·        Law and economics school of thought.

·        Command school of thought.

·        Sociological school of thought.

·        Legal realism school of thought.

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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?

·        Annie cannot provide any information since her position as a manager precludes her ability to be unbiased.

·        Annie can be required via subpoena to provide the information she has.

·        Annie can refuse any attempt to involve her in the dispute between her tenants.

·        Annie is required by Good Samaritan laws to put forth any information she has relevant to the case.

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The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Which law or principle of law which is most relevant to this situation?

·        Procedural Due Process

·        First Amendment

·        Substantive Due Process

·        Equal Protection Laws

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The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Which of the following statements is true?

·        JuneCorp cannot contest the legality of the law if there is anything but a financial impact on the company because of the law.

·        JuneCorp cannot contest the legality of the law, since the Equal Protection Clause applies to people rather than corporations.

·        JuneCorp can contest the legality of the law if there is no evident state interest which substantiates the enforcement of the law.

·        JuneCorp can contest the legality of the law if it passes all three scrutiny tests employed by the courts.

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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.

·        Historical

·        Natural Law

·        Legal Realism

·        Sociological

·        Irrational Forces

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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 contradictory point of view. Which law or principle of law which is most relevant to this situation?

·        Substantive Due Process

·        Equal Protection Laws

·        First Amendment

·        Procedural Due Process

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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?

·        State Small Claims Court

·        U.S. Bankruptcy Court

·        U.S. Tax Court

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Which of the following situations would most likely receive a change of venue?

·        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.

·        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.

·        A local teacher is taken to court after a video of him beating his students goes viral.

·        A woman wants a change of venue when it appears that all jurors to the case will be male.

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The government of Sharonville is deep in debt, and consequently enacts a city ordinance that requires citizens to do volunteer work for the city once per week. Such and act would be in accordance with the __________ school of jurisprudential thought.

·        Command

·        Law and Economics

·        Irrational Forces

·        Legal Realism

·        Sociological

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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?

·        Charlie would be excluded through preemptory challenge.

·        Charlie would be excluded for cause.

·        Charlie can refuse to serve on the jury.

·        Charlie would be preserved on the jury since he would have inside information about one of the parties.

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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?Which school of jurisprudential thought is most clearly exhibited in this scenario?

·        Historical

·        Sociological

·        Legal Realism

·        Natural Law

·        Irrational Forces

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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 which is most relevant to this situation?

·        Procedural Due Process

·        Substantive Due Process

·        Equal Protection Laws

·        First Amendment

  Bookmark question for later

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 glazed inequalities that would not otherwise even be considered.

End Part 6

·        Command school of thought.

·        Sociological school of thought.

·        Legal realism school of thought.

·        Law and economics school of thought.

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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?

·        Casey need not worry about the plaintiff’s evidence, since parties tend to boast about the level of proof they can establish anyway.

·        If the plaintiff does have unambiguous evidence that meets a “clear and convincing” burden of proof, Casey will most likely be found guilty.

·        The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.

·        If the plaintiff provides proof only up to the level of “clear and convincing,” Casey can still be acquitted.

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Which of the following situations would not substantiate proper standing to sue?

·        Tyler wants to sue Kevin after Kevin harms Tyler’s sister in a car crash which leaves her sister in a coma.

·        TreesForDays, an environmental activist group, wants to sue a company dumping chemicals into a river in a different state.

·        Calvin wants to sue his sister after finding out she has been taking cash from the cash register at the family business.

·        Aniesha wants to sue her neighbor Robert after seeing him engage in criminal animal cruelty.

  Bookmark question for later

Which jurisprudential school of thought relies the most upon precedent in establishing law?

·        Legal Realism

·        Sociological

·        Natural Law

·        Historical

·        Irrational Forces

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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:

  1. I) Stock price will go up, positively impacting shareholders
  2. II) The company could build a new central headquarters, negatively impacting landowners and community members by decreasing property values

III) The company could fire 200 employees

  1. IV) The company could afford a new production facility, which would negatively impact the environment and landowners’ property
  2. V) The company could offer more, higher-quality products to customers for lower cost, positively impacting them.

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?

·        NoraCorp has not met its moral minimum requirements.

·        NoraCorp has exceeded its moral minimum requirements, meeting g a corporate citizenship standard.

·        It is impossible to determine whether the company has met a moral minimum standard of ethical behavior.

·        NoraCorp has met its moral minimum requirements.

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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.

·        Profit-Maximizing Moral Standard

·        Indeterminable

·        Stakeholder Theory Moral Standard

·        Moral Minimum Standard

·        Corporate Citizenship Moral Standard

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Determine which moral standard of social responsibility the business is observing.

Earl’s company wants to change the material it uses for its products to a cheaper, less-durable material. Processing the material causes more waste and the final products will not be as safe for customers.

·        Moral Minimum Standard

·        Indeterminable

·        Stakeholder Theory Moral Standard

·        Corporate Citizenship Moral Standard

·        Profit-Maximizing Moral Standard

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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?

·        Utilitarianism

·        Kantianism

·        Social Justice Theory

·        Virtue Ethics

  Bookmark question for later

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.

·        Moral Minimum Standard

·        Corporate Citizenship Moral Standard

·        Profit-Maximizing Moral Standard

·        Indeterminable

·        Stakeholder Theory Moral Standard

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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?

·        Sovereign Immunity

·        Comity of Nations

·        Act of State Doctrine

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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?

·        More than one response is correct.

·        Country A and Country B have no binding agreement under customary international law.

·        Country A and Country B have a binding agreement to this arrangement under customary international law.

·        The government of Country A may not arbitrarily begin to charge fees for items brought in from Country B.

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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?

·        Radcliffe may still teach as long as he only teaches in the U.S.

·        Radcliffe no longer meets the qualifications to teach.

·        Radcliffe may not be restricted from teaching if his university has no rule concerning the need for a master’s degree.

·        The treaty is only enforceable if it doesn’t conflict with state law in Radcliffe’s state.

  Bookmark question for later

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 it feels a factory will have on the community, Meg’s company promises 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 will have.

·        Corporate Citizenship Moral Standard

·        Stakeholder Theory Moral Standard

·        Moral Minimum Standard

·        Profit-Maximizing Moral Standard

·        Indeterminable

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Finley steals from a greedy CEO in order to give money to a large number of poor people. Which philosophy of ethics is applicable?

·        Virtue Ethics

·        Kantianism

·        Social Justice Theory

·        Utilitarianism

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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?

·        Utilitarianism

·        Virtue Ethics

·        Kantianism

·        Social Justice Theory

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Anthony votes in favor of a bill which would prevent people above a certain level of income from being able to purchase subsidized housing. Which philosophy of ethics is applies here?

·        Virtue Ethics

·        Social Justice Theory

·        Kantianism

·        Utilitarianism

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Nation A builds a new highway next to citizens’ properties. In the months following, littering as well as several highway accidents result in damage to the properties. The property owners want to sue the government for damages, but are restrained by:

·        Comity of Nations

·        Act of State Doctrine

·        Sovereign Immunity

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