MGT401 test 1 multiple choice Questions

1.

In analyzing a question regarding interstate commerce among the states, a court would give priority to:

A) A Federal statute
B) A state statute
C) The common law
D) The U.S. Constitution

2.

A violation of a law _________________________________________.

A) is always illegal and immoral
B) is never illegal and immoral
C) is always illegal but can be moral
D) is unconstitutional

3.

Fred files a complaint against Bert in a contract dispute. Bert is known as the________________ in the lawsuit:

A) Plaintiff
B) Complainee
C) Defendant
D) Participant

4.

The doctrine of stare decisis means that:

A) the common law has not been able to evolve in a stable and predictable manner.
B) decisions can be overruled by a lower court.
C) courts are not allowed to correct erroneous decisions or choose among conflicting precedents.
D) courts adhere to and rely on rules of law that they or superior courts announced and applied in prior similar decisions.

5.

Under a recently enacted statute by the State of Ohio, it has increased the sales tax rate by 1%. Jim objects to the provisions regarding the additional tax. He has no objection to the way the tax is collected. Jim is objecting to:

A) substantive law
B) procedural law
C) common law
D) criminal law

6.

The U.S. Supreme Court hears a decision from a lower court:

A) upon the discretionary writ of certiorari.
B) automatically upon appeal from a lower court.
C) automatically from state courts.
D) upon appeals in rem.

7.

The U.S. Supreme Court determines that the powers to determine legal issues surrounding the definition of marriage are reserved to the respective States. The Supreme Court relies on which of the following?

A) The 12th Amendment to the Constitution
B) The 10th Amendment to the Constitution
C) Article VI of the Constitution
D) The Commerce Clause of the Constitution

8.

Linda, the CEO of your organization has initiated cost cutting measures to avoid bankruptcy. One such cost cutting measure is the reduction of health insurance costs. All employees with health problems have been let go. This will result in the largest reduction in costs and the company will avoid bankruptcy. Linda reasons that this act will create the most good for the greater number of employees. Linda is practicing the ethical theory of:

A) libertarianism
B) deontology
C) fundamentalism
D) utilitarianism

9.

To what source did Kant look to find his categorical imperatives?

A) God
B) The Bible
C) Man
D) The Ten Commandments

10.

Under which ethical system would it be ethical to compel a few citizens to undergo painful or fatal medical tests in order to develop cures for the rest of the world?

A) Act Utilitarianism
B) Ethical fundamentalism
C) Distributive justice
D) Libertarianism

11.

A decision of the Supreme Court of Ohio would always be binding on:

A) the U.S. Court of Appeals for the 9th Circuit in Ohio.
B) a state trial court in Michigan.
C) a state trial court in Ohio.
D) All of the above.

12.

A minor traffic offense, such as a speeding ticket, would be heard by a:

A) U.S. District Court.
B) state inferior trial court.
C) state probate court.
D) U.S. Court of Federal Claims.

13.

When a trial is conducted with a jury, the judge determines issues of ____ and the jury determines questions of ____.

A) law, fact
B) fact, law
C) evidence, law
D) law, evidence

14.

According to the 10th Amendment to the U.S. Constitution, the powers not specifically assigned to the United States by the Constitution are reserved to the state governments or the people. An example of such a power would be:

A) The power to regulate interstate commerce.
B) The power to regulate intrastate commerce.
C) The power to declare war.
D) The power to incur National debt.

15.

The main purpose of the 10 amendments called the Bill of Rights was to:

A) enumerate all of the rights of U.S. citizens.
B) list the powers of the federal government.
C) provide for restrictions on the power of the federal government in terms of protecting fundamental rights.
D) provide limitations on the powers of individuals.

16.

Federal and state governments are prohibited from depriving any person of life, liberty, or property without due process of law by the :

A) First, Tenth Amendments
B) Fifth, Fourteenth Amendments
C) Fourth, Fourteenth Amendments
D) Fifth, Ninth

17.

Dr. David Doright is a Professor at a private university in Oregon. One day he has an argument with the president of the university over which team should win the next Super Bowl. The next day, Dr. Doright is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges.

A) This is a criminal case, so Dr. Doright has a right to a hearing.
B) Dr. Doright appears to have been denied the equal protection of the law.
C) The firing by any university is a state action involving a property right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him.
D) The due process rights under the U.S. Constitution do not apply to this case because the university is private and not a public institution.

18.

The U.S. Government has the right to regulate commercial activity on interstate highways within a state based on the :

A) the Bill of Rights
B) the 10th amendment
C) the Commerce Clause
D) All of the above are correct.

19.

Under which social ethical system would one believe that society should provide all members with equal amounts of goods and services regardless of their contributions to society?a. Democracyb. Social Egalitariansc. Distributive justiced. Libertarianism

A) Democracy
B) Social Egalitarians
C) Distributive justice
D) Libertarianism
E) All of the above.

20.

The Declaration of Independence was signed:

A) after the 13 colonies waged war on the British and won.
B) after the Articles of Confederation failed to provide the needed powers for U.S. to effectively govern.
C) along with the Bill of Rights in 1776.
D) none of the above.