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ETH 321T Week 1 Apply Assignment
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ETH 321 Week 1 Apply Assignment
- Match the prompt with the law or principle of law which is most relevant.
Devon is accused of robbing a jewelry store and is summarily thrown in jail.
o First Amendment
o Equal Protection Laws
o Substantive Due Process
o Procedural Due Process
- Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.
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 Historical
o Natural Law
o Sociological
o Irrational Forces
o Legal Realism
- 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 If the plaintiff provides proof only up to the level of “clear and convincing,” Casey can still be acquitted.
o The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.
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 does have unambiguous evidence that meets a “clear and convincing” burden of proof, Casey will most likely be found guilty.
- 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: Identify the actor and the dialogue which illustrates the legal theory.
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
o Critical legal studies school of thought.
o Sociological school of thought.
o Legal realism school of thought.
o Irrational forces perspective.
- 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: Identify the actor and the dialogue which illustrates the legal theory.
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
o Sociological school of thought.
o Law and economics school of thought.
o Command school of thought.
o Legal realism school of thought.
- 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: Identify the actor and the dialogue which illustrates the legal theory.
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 says unenthusiastically. 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.
- Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.
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.
o Law and Economics
o Sociological
o Irrational Forces
o Legal Realism
o Command
- Match the prompt with the law or principle of law which is most relevant.
The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate.
o Equal Protection Laws
o First Amendment
o Procedural Due Process
o Substantive Due Process
- 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: Identify the actor and the dialogue which illustrates the legal theory.
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
o Critical legal studies school of thought.
o Irrational forces perspective.
o Natural law school of thought.
o Historical perspective school of thought.
- Match the prompt with the law or principle of law which is most relevant.
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.
o Equal Protection Laws
o Procedural Due Process
o First Amendment
o Substantive Due Process
- Match the prompt with the law or principle of law which is most relevant.
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.
o Equal Protection Laws
o Substantive Due Process
o Procedural Due Process
o First Amendment
- Which of the following situations would most likely receive a change of venue?
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 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.
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.
- 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: Identify the actor and the dialogue which illustrates the legal theory.
DONUT DAY AT THE OFFICE
Part 2 – Bob: Listen, donuts are made to bring joy into our lives and to wake up or 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 they who enjoy them most. Don’t over complicate this. Where’s the chocolate milk? End Part 2
o Critical legal studies school of thought.
o Irrational forces perspective.
o Historical perspective school of thought.
o Natural law school of thought.
- 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: Identify the actor and the dialogue which illustrates the legal theory.
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? Dogmatic rules are made to be broken by the enlightened and that’s what we are now officially “the enlightened” of the break room. End Part 4
o Critical legal studies school of thought.
o Sociological school of thought.
o Irrational forces perspective.
o Legal realism school of thought.
- 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: Identify the actor and the dialogue which illustrates the legal theory.
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 stuck-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 Law and economics school of thought.
o Command school of thought.
o Sociological school of thought.
o Legal realism school of thought.
- Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.
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 Legal Realism
o Natural Law
o Sociological
o Irrational Forces
o Historical
- Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.
A new law is established in the town of Avery that promotes affirmative action employment for people trans-gender and homosexual individuals. This law would be in pursuance of the tenets of the __________ school of jurisprudential thought.
o Law and Economics
o Legal Realism
o Sociological
o Command
o Irrational Forces
- 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 depends solely on where the property – the focus of the dispute – is located.
o Jurisdiction falls in Clara’s state of residence, since she is the plaintiff.
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.
- Match the situation with the court that would most likely address it.
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.
o State Small Claims Court
o U.S. Bankruptcy Court
o U.S. Tax Court
- Match the situation with the court that would most likely address it.
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.
o U.S. Tax Court
o State Small Claims Court
o U.S. Bankruptcy Court
- Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.
Which jurisprudential school of thought relies the most upon precedent in establishing law?
o Legal Realism
o Natural Law
o Historical
o Sociological
o Irrational Forces
- Match the scenario or question with the school of jurisprudential thought that is most clearly exhibited.
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 Legal Realism
o Irrational Forces
o Sociological
o Historical
o Natural Law
- 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 with which she has been served. Which of the following is likely true?
o A court will not open a case or post a judgment until Isabel chooses to respond.
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 can judge in Isabel’s favor even if she doesn’t respond if it appears Sages allegations are frivolous.
- Which of the following situations would not substantiate proper standing to sue?
o Calvin wants to sue his sister after finding out she has been taking cash from the cash register at the family business. Answer: B
o TreesForDays, an environmental activist group, wants to sue a company dumping chemicals into a river in a different state.
o Aniesha wants to sue her neighbor Robert after seeing him engage in criminal animal cruelty.
o Tyler wants to sue Kevin after Kevin harms Tyler’s sister in a car crash which leaves her sister in a coma.
- 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 preserved on the jury since he would have inside information about one of the parties.
o Charlie would be excluded for cause.
o Charlie would be excluded through preemptory challenge.
o Charlie can refuse to serve on the jury.
- 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?
o JuneCorp can contest the legality of the law if there is no evident state interest which substantiates the enforcement of the law.
o JuneCorp cannot contest the legality of the law, since the Equal Protection Clause applies to people rather than corporations.
o JuneCorp can contest the legality of the law if it passes all three scrutiny tests employed by the courts.
o JuneCorp cannot contest the legality of the law if there is anything but a financial impact on the company because of the law.
- 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 found a mistake of fact that occurred during the initial trial.
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.
- 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 init. 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 Kantian ethics and utilitarianism
o Social justice theory and Kantian ethics
- Examine the scenario and determine which principle of International Law is at play.
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.
o Act of State Doctrine
o Comity of Nations
o Sovereign Immunity
- Examine the following scenario and match it to the philosophy of ethics that most closely aligns with the character in the scenario.
Anthony votes in favor of a bill which would prevent people above a certain level of income from being able to purchase subsidized housing.
o Kantianism
o Social Justice Theory
o Virtue Ethics
o Utilitarianism
- 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 Stakeholder Theory Moral Standard
o Moral Minimum Standard
o Indeterminable
o Profit-Maximizing Moral Standard
o Corporate Citizenship Moral Standard
- Examine the following scenario and match it to the philosophy of ethics that most closely aligns with the character in the scenario.
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.
o Social Justice Theory
o Utilitarianism
o Virtue Ethics
o Kantianism
- 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 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.
o The treaty is only enforceable if it doesn’t conflict with state law in Radcliffe’s state.
- Examine the scenario and determine which principle of International Law is at play.
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:
o Act of State Doctrine
o Comity of Nations
o Sovereign Immunity
- 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 Country A and Country B have a binding agreement to this arrangement under customary international law.
o Country A and Country B have no binding agreement under customary international law.
o The government of Country A may not arbitrarily begin to charge fees for items brought in from Country B.
o More than one response is correct.
- 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 Indeterminable
o Corporate Citizenship Moral Standard
o Profit-Maximizing Moral Standard
o Stakeholder Theory Moral Standard
o Moral Minimum Standard
- 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.
o Profit-Maximizing Moral Standard
o Corporate Citizenship Moral Standard
o Stakeholder Theory Moral Standard
o Moral Minimum Standard
o Indeterminable
- Examine the following scenario and match it to the philosophy of ethics that most closely aligns with the character in the scenario.
Finley steals from a greedy CEO in order to give money to a large number of poor people.
o Kantianism
o Virtue Ethics
o Social Justice Theory
o Utilitarianism
- Examine the scenario and determine which principle of International Law is at play.
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.
o Comity of Nations
o Sovereign Immunity
o Act of State Doctrine
- 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.
o Corporate Citizenship Moral Standard
o Moral Minimum Standard
o Profit-Maximizing Moral Standard
o Indeterminable
o Stakeholder Theory Moral Standard