EW-MindTap - Business Chapter Worksheet 1 3 1 3 1 3 1 3 1 3...

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Unformatted text preview: Business Chapter # Worksheet # 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 4 3 4 3 4 3 4 3 4 3 4 3 4 3 4 3 4 3 4 3 4 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 5 3 6 3 6 3 6 3 6 3 6 3 6 3 6 3 6 3 6 3 6 3 6 3 6 3 7 3 7 3 7 3 7 3 7 3 7 3 7 3 7 3 7 3 7 3 7 3 9 3 9 3 9 3 9 3 9 3 9 3 9 3 9 3 9 3 9 3 10 3 10 3 10 3 10 3 10 3 10 3 10 3 10 3 10 3 10 3 10 3 10 3 10 3 10 3 10 3 10 3 11 3 11 3 11 3 11 3 11 3 11 3 11 3 11 3 11 3 12 3 12 3 12 3 12 3 12 3 12 3 12 3 12 3 12 3 12 3 12 3 12 3 12 3 13 3 13 3 13 3 13 3 13 3 13 3 13 3 13 3 13 3 13 3 13 3 13 3 13 3 13 3 13 3 14 3 14 3 14 3 14 3 14 3 14 3 14 3 14 3 14 3 14 3 15 3 15 3 15 3 15 3 15 3 15 3 15 3 15 3 15 3 15 3 15 3 15 3 16 3 16 3 16 3 16 3 16 3 16 3 16 3 16 3 16 3 16 3 16 3 18 3 18 3 18 3 18 3 18 3 18 3 18 3 18 3 18 3 18 3 18 3 18 3 18 3 19 3 19 3 19 3 19 3 19 3 19 3 19 3 19 3 19 3 19 3 20 3 20 3 20 3 20 3 20 3 20 3 20 3 20 3 20 3 20 3 20 3 20 3 21 3 21 3 21 3 21 3 21 3 21 3 21 3 21 3 21 3 21 3 21 3 21 3 21 3 21 3 22 3 22 3 22 3 22 3 22 3 22 3 22 3 23 3 23 3 23 3 23 3 23 3 23 3 23 3 23 3 23 3 23 3 23 3 23 3 23 3 24 3 24 3 24 3 24 3 24 3 24 3 24 3 24 3 24 3 24 3 24 3 24 3 24 3 24 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 26 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 27 3 28 3 28 3 28 3 28 3 28 3 28 3 28 3 28 3 28 3 28 3 28 3 28 3 28 3 28 3 28 3 28 3 29 3 29 3 29 3 29 3 29 3 29 3 29 3 29 3 29 3 29 3 29 3 29 3 29 3 29 3 30 3 30 3 30 3 30 3 30 3 30 3 30 3 30 3 30 3 30 3 30 3 30 3 30 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 31 3 33 3 33 3 33 3 33 3 33 3 33 3 33 3 33 3 33 3 33 3 33 3 33 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 34 3 35 3 35 3 35 3 35 3 35 3 35 3 35 3 35 3 35 3 35 3 35 3 35 3 35 3 36 3 36 3 36 3 36 3 36 3 36 3 36 3 36 3 36 3 36 3 36 3 36 3 37 3 37 3 37 3 37 3 37 3 37 3 37 3 37 3 37 3 37 3 37 3 37 3 37 3 37 3 37 3 38 3 38 3 38 3 38 3 38 3 38 3 38 3 38 3 38 3 38 3 38 3 38 3 38 3 39 3 39 3 39 3 39 3 39 3 39 3 39 3 39 3 39 3 39 3 39 3 39 3 39 3 41 3 41 3 41 3 41 3 41 3 41 3 41 3 41 3 41 3 41 3 41 3 41 3 41 3 41 3 42 3 42 3 42 3 42 3 42 3 42 3 42 3 42 3 42 3 42 3 42 3 42 3 42 3 42 3 42 3 43 3 43 3 43 3 43 3 43 3 43 3 43 3 43 3 43 3 43 3 43 3 44 3 44 3 44 3 44 3 44 3 44 3 44 3 44 3 44 3 44 3 44 3 44 3 44 3 44 3 45 3 45 3 45 3 45 3 45 3 45 3 45 3 45 3 45 3 45 3 45 3 45 3 46 3 46 3 46 3 46 3 46 3 46 3 46 3 46 3 46 3 46 3 46 3 46 3 46 3 46 3 46 3 46 3 47 3 47 3 47 3 47 3 47 3 47 3 47 3 47 3 47 3 47 3 47 3 47 3 47 3 47 3 47 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 49 3 50 3 50 3 50 3 50 3 50 3 50 3 50 3 50 3 50 3 50 3 50 3 50 3 50 3 51 3 51 3 51 3 51 3 51 3 51 3 51 3 51 3 51 3 51 3 51 3 51 3 51 3 51 3 51 3 Business Law: Text and Cases, 1 Worksheets Key 1. In the field of legal research, a “citation” is: Question & Answer a. the location of a trial court or court of original jurisdiction b. a reference to a publication in which a legal authority can be found c. a reference to U.S. Supreme Court cases only d. a reference to legal charges filed by the federal government against individuals 2. When Congress passes a law, in which publication can it be found? a. United States Statutes at Large b. United States Congressional Studies c. United States Acts at Large d. United States Federal Legislation Records 3. A citation to 42 U.S.C. 1981 means that the statute is in _________ 1981 of _____ 42 of the United States Code. ANS: Section, Title DIS: Chapter, Book, Journal 4. Administrative rules and regulations can be found first in the ________________, and then more permanently in the _______________. a. Federal Register b. Code of Federal Regulations c. U.S. Code a. Federal Register b. Code of Federal Regulations c. U.S. Code 5. Match the state with the correct regional reporter. Arizona Georgia Illinois Kentucky Pennsylvania Pacific South Eastern North Eastern South Western Atlantic 6. United States Supreme Court opinions can be found in which three of the following reporters? a. United States Reports (U.S.) b. High Court Reports (H.C.) c. Supreme Court Reporter (S.Ct.) d. Lawyers’ Edition of the Supreme Court Reports (L.Ed.) e. Counselor Reference Library (CRL) f. Federal Register (F.R.) 7. In a case title at the appellate court level, the first party name is always the plaintiff at the trial court level. a. True b. False 8. The plaintiff is the person who files the original petition with the court to start a lawsuit. a. True b. False 9. The _____________________ is the party who appeals a lower court’s decision. a. appellee b. appellant c. plaintiff d. respondent 10. When a court’s opinion is not unanimous, but most judges in that case agree with it, it is called a: a. concurring opinion b. dissenting opinion c. majority opinion d. unanimous opinion 11. In a particular case, Judge A does not agree at all with the other judges’ opinions. Which of the following type of opinion will he write? a. A plurality opinion b. A majority opinion c. A concurring opinion d. A dissenting opinion 1. Under what circumstances will a judge grant a motion for a new trial? a. When the jury did not ask enough questions during the trial. b. When the jury clearly misapplied the law or misunderstood the evidence. c. When the attorneys did not ask enough questions of witnesses. d. When the attorneys ask too many questions of witnesses. 2. Anderson loses the trial. Anderson's attorney can make a motion for ________. a. additional time to find new evidence b. a judgment notwithstanding the verdict c. a judgment on the merits d. an additional rebuttal 3. Appellate courts are comprised of three jurors who evaluate the case for possible errors. a. True b. False 4. The appellate court does not hear new ________. The appellate court may affirm or ________ the trial court’s judgment or ________ th case for further proceedings. ANS: evidence, reverse, remand DIS: arguments, disapprove, disavow, transfer 5. An appellate court can ________ a lower court’s decision if, for example, the jury has awarded an excessive amount of damages and the court wants to reduce the award to a more appropriate amount. a. affirm b. reverse c. modify d. remand 6. In general, appellate courts do not reverse findings of fact unless the findings are unsupported or contradicted by the evidence. a. True b. False 7. Your attorney prepares a _______ to present to the appellate court when you decide to appeal the trial court's decision. a. summary of closing arguments b. copy of jury instructions c. brief d. complaint 8. An order directing a sheriff to seize and sell the defendant's nonexempt assets is called a: a. writ of certiorari. b. writ for claim damages. c. writ of execution. d. writ of mandamus. 9. A plaintiff who obtains a court judgment against a defendant can obtain compensation from all of the defendant’s assets if it is necessary compensate the plaintiff. a. True b. False 1. Provisions of the Fifth and Fourteenth Amendments guarantee that no person shall be deprived of life, liberty, or property without due process of law. This clause applies to all “legal persons,” meaning: a. individuals only. b. natural beings, including humans and animals. c. individuals and corporations. d. corporations only. 2. Match the constitutional provision with the appropriate meaning Procedural due process processes Substantive due process Equal protection Requires that the government give proper notice and opportunity to be heard and follow any established Requires that the government be fair and reasonable in its legislation and executive actions Requires that the government treat similarly situated people in a similar manner 3. A law that imposes prison sentences on all street entertainers without a trial would likely violate procedural due process. a. True b. False 4. If a student is kicked out of school based on an allegation of cheating but does not have an opportunity to present his case to the dean, likely a violation of _________________. a. procedural due process b. substantive due process c. equal protection d. free speech 5. The Fourteenth Amendment does NOT guarantee: a. freedom of the press. b. equal protection of the laws. c. fair process and procedure. d. fair content of regulations. 6. To determine whether a law violates the equal protection clause, courts use one of three different standards. These three standards are: a. due process scrutiny b. intermediate scrutiny c. rational basis scrutiny d. discrimination scrutiny e. strict scrutiny 7. A state law that bans illegitimate children from claiming child support from their parents after they turn ten, but does not ban legitimate children from doing the same, violates the procedural due process clause. a. True b. False 8. The _____________ basis test requires that the classification of people be related to a _________________ government interest. ANS: rational, legitimate DIS: strict, compelling, important, intermediate 9. The U.S. Constitution specifically mentions privacy as one of the protected rights U.S. citizens have. a. True b. False 10. Match the federal privacy law with the main subject of that law. Freedom of Information Act Gives individuals a right to access information about them in government files Privacy Act Regulates agency use and disclosure of data related to individuals Electronic Communications Privacy Act Prohibits interception of information communicated electronically Health Insurance Portability and Accountability Act Requires medical records to be used only for authorized purposes and requires inform patients of their rights to medical records Gramm-Leach-Bliley Act Prohibits disclosure of nonpublic personal information about a consumer to third parties 11. The _________________ greatly expanded the authority of the government to monitor e-mails and Web site visits. a. Gramm-Leach-Bliley Act b. Privacy Act c. Patriot Act d. Health Insurance Act 1. Under Leonard Bucklin’s approach, decision makers should go through the following steps in order: First Step Second Step Third Step Fourth Step Fifth Step Inquiry Discussion Decision Justification Evaluation 2. The inquiry analysis involves identifying the ______________ and collecting the relevant __________. ANS: parties, facts DIS: alternatives, problems, leaders 3. The listing of alternatives and evaluation of them using ethical theories occurs in the ______________ stage and the agreement of a plan action happens in the ______________ stage. a. decision b. discussion c. justification d. evaluation a. decision b. discussion c. justification d. evaluation 4. The justification stage is used to explain the decision and rationalize why a bad decision may actually be good. a. True b. False 5. ______________________ is the key to setting an ethical tone for a business. a. A strong company code of ethics b. Management’s attitude c. An ethics training program d. Decentralized management 6. Managers who set unrealistic production or sales goals decrease the probability that employees will act unethically. a. True b. False 7. Which three of the following may contribute to a lack of ethics in a workplace? a. Unrealistic production or sales goals b. Managers who do not actively discuss ethics c. Ethics seminars and open forums d. Unethical activities by management e. Quality ethics training f. Written codes of ethics 8. The law that requires companies to set up confidential systems so that “red flags” can be raised about suspected illegal and unethical business practices is the: a. Private Compliance Act. b. Enron-Joyce Act. c. Sarbanes-Oxley Act. d. Patriot Act. 9. Why is it important to monitor the employment practices of foreign suppliers? a. Because foreign suppliers may be overpaying their employees, causing a higher price to an American company, which then is passed on t consumers. b. Because foreign suppliers may be too lenient with their employees, allowing for employee theft, which causes higher prices for consume c. Because corporate watch groups will discover and publicize unethical behavior by suppliers, link it to the American company, and harm it reputation. d. Because the governments of foreign nations often overlook unethical behavior by American companies, but American companies are be than that. 10. Since the late 1970s, the _____________ has prohibited U.S. businesses from bribing foreign officials. a. Foreign Corrupt Practices Act (FCPA) b. Sarbanes-Oxley Act c. Patriot Act d. U.S. Antibribery Act 11. The FCPA does not prohibit payments to low-level employees of foreign nations who exercise little (or no) discretion in their jobs, but merely process paperwork. a. True b. False 12. Companies must keep detailed records that __________ and ____________ reflect foreign payments. ANS: accurately, fairly DIS: perfectly, promptly 1. The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeasor does NOT wis bring about the consequence of the act, nor does she or he believe it they will occur. a. True b. False 2. Which of the following is NOT an element of negligence? a. Intent b. Duty c. Breach d. Causation e. Damages 3. A breach of the duty of care can be ___________ or ____________. a. an act b. a person a. an omission b. a cause 4. The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act. a. True b. False 5. Those who enter retail premises are called business ________. Storeowners must warn business invitees of ________ risks. A landowner a duty to discover and remove any ________ dangers to customers or other invitees. When risks are ________, owners need not warn of t ANS: invitees, foreseeable, hidden, obvious DIS: enforceable, standard, unlikely, breached 6. An attorney’s courtroom conduct would be judged by the reasonable person standard if that attorney was sued for negligently representi client. a. True b. False 7. Which of the following questions does a court NOT ask to determine whether the requirement of causation is met? a. Is there causation in fact? b. Was there intent? c. Was the act the proximate cause of the injury? 8. You accidentally bump into someone on the sidewalk and that person falls but is unharmed. Nonetheless, that person usually can successfully sue you for damages. a. True b. False 9. ________ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations. ________-sh acts impose liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar. ANS: Good Samaritan, Dram DIS: Good Samary, Gram, Emergency 10. Assumption of risk does NOT require: a. seeking out the riskiest activities. b. knowledge of the risk. c. voluntary assumption of the risk. 11. An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event. a. True b. False 12. Match the term to the correct definition. Comparative negligence A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties wh were negligent (including the injured party), on the basis of each person’s proportionate negligence. Contributory negligence A theory in tort law under which a complaining party’s own negligence contributed to or caused his or her inju No matter how insignificant the plaintiff’s negligence was relative to the defendant’s negligence, the plaintiff is precluded from recovering a damages. 1. One good defense against strict product liability is that ______________. a. the goods were altered after they were sold b. the goods were sold at a heavily discounted price c. the goods were advertised on TV d. the goods were meant for children, not adults 2. A company that manufactures a device that is heavily regulated by the government and has to undergo a rigorous pre-market approval process likely can use the following defense if it is sued: a. exemption. b. “didn’t know” exemption. c. no-knowledge exemption. d. preemption. e. causation. f. full basis. 3. Assumption of the risk is a viable defense in a product liability action. a. True b. False 4. If a company mails registered letters, sends e-mail, and places ads in local newspapers where it sold a defective product, and a customer knows of the recall but ignores it and uses the product anyway, which defense can the company likely use at trial? a. Preemption b. Causation c. Assumption of risk 5. Product misuse obviously occurs when a product is used for a purpose other than what it was intended for. The courts recognize this def in almost all lawsuits today. a. True b. False 6. When the defense of comparative negligence is successful at trial, it completely absolves the defendant of liability. a. True b. False 7. If a defendant can succeed in convincing the court that a plaintiff’s injury resulted from a commonly known danger, the defendant norm _________ be liable. a. will b. will not 8. A lawsuit against a knife manufacturer by a customer who cut herself using the knife likely won’t succeed because: a. the customer implicitly signed an agreement against such lawsuits when she bought the knife. b. there is a commonly known danger of cutting oneself when using a knife. c. knife manufacturers participate in market-share liability. 9. Individuals who frequently buy and consume supersized portions of fatty food at a particular restaurant chain are not likely to succeed in lawsuits against the chain if they become overweight. a. True b. False 10. In product liability suits, statutes of limitations normally are set by____________ and typically limit the time in which a case can be bro after __________. a. federal law b. municipal law c. state law a. the product is manufactured b. the injury occurred 11. Statutes of repose often allow for unlimited liability for manufacturers of defective products, no matter how far in the past. a. True b. False 1. Cyber torts include online defamation. a. True b. False 2. Posting negative comments about other individuals on your social media is protected speech. a. True b. False 3. One of the major problems in pursuing an online defamation claim is that: a. discovering the identity of the person who posted the defamation is often extremely difficult. b. the person posting the defamatory statements would just retract them. c. the courts rarely accept such lawsuits. 4. If a person sues an Internet service provider because one of the ISP’s customers posted a defamatory statement about that person, will t person likely prevail in court? a. Yes, because it doesn’t matter where the defamatory statement was published. b. No, because the Communications Decency Act treats Internet service providers differently from print publishers. c. No, because the person lives in another state. 5. Internet service providers are generally treated the same as print publishers and other media regarding liability for defamation. a. True b. False 6. Online posts have been used to support allegations of ____________ and ______________. a. wrongful interference b. arson c. wrongful imprisonment a. infliction of emotional distress b. assault c. conversion 7. Accusations of invasion of privacy have been limited to government agencies and private individuals, and have not extended to organiza a. True b. False 8. In which situations do people likely have a reasonable expectation of privacy? Choose two. a. When they enter their personal banking information online b. When they allow 3,000 “friends” on their Facebook account c. When they “tweet” about their daily activities d. When they disclose online credit information to obtain a loan 9. Retailers collect information about consumers using ________. a. cookies b. donuts c. bugs d. tracer strings 10. Which agency ...
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