Thursday 1 October 2015

ETH 321 Week 1 Knowledge Check

ETH 321 Week 1 Knowledge Check


ETH 321 Week 1 Knowledge Check Study Guide


  • What has been one of the focus areas of law in the United States over the past few decades?

  • Removing antidiscrimination laws

  • Moving away from the domain of education

  • Guaranteeing consistency and equality

  • Promoting the domination of tribal societies

  • Identify the true statement about the role of law in the United StatesThe law has no influence on commerce and business transactions

    The law is yet to introduce legal mechanisms to ensure equality in the workplace.

    The law plays a role in fostering trust and reliability among merchants and consumers.

    The focus of law has now significantly shifted to domination and power3.Which of the following is one of the purposes of law today?

    Acting as a change agent for commerce

    Promoting domination

    Embracing discrimination laws

    Excluding commercial transactions from the purview of law

    4.Identify the true statement about the American judiciary.


    All courts interpret laws and take decisions independently.

    Certain courts have the duty to evaluate the actions of other courts.

    All courts are charged with the responsibility of judicial review.

    Every court has the authority to hear all kinds of cases


    5.What is the function of an appellate court?


    To review petitions filed by losing parties

    To review the actions of federal courts

    To conduct trial proceedings for lawsuits

    To conduct trials for issues involving violations of federal statutes


    6.Identify the courts that conduct primary trials for issues that involve federal matters such as federal regulations and statutes. The courts also hear a range of matters and provide decisions that are binding only on the parties involved.


    Appellate courts

    Circuit Courts of Appeal

    U.S. District Courts

    State trial courts


    7.What is true about arbitration as an alternative form of dispute resolution?


    The arbitrator functions like a judge in a standard trial.

    The arbitrator is not authorized to demand the testimony of witnesses in any dispute.

    The arbitrator’s final decision must be approved by a higher court.

    The arbitrator’s decision cannot be questioned under any circumstances


    8.Sigma Inc. and Beta LLC. are two companies involved in a dispute. Both companies have agreed to appoint a third party, an attorney, to listen to their arguments and help them reach an agreement. The third party, however, will not render any kind of decision for the two parties involved. What type of alternative form of dispute resolution is being used by Sigma Inc. and Beta LLC.?


    Arbitration

    Mediation

    Expert evaluation

    Trial


    9.In certain cases, the legal issues involve the intricacies of a specific industry or profession. In such cases, which type of alternative dispute resolution is used in which a neutral professional is hired to assess and evaluate facts and arguments. The professional is expected to come up with an appropriate solution or recommendation. The professional could also collect more information, if required, for the case


    Mediation

    Negotiation

    Standing

    Expert evaluation




  • ETH 321 Week 2 Knowledge Check

  • Identify the true statement about a claim of defamation

    A statement must have the ability to hurt the reputation of an individual in order to qualify as defamatory.

    A statement does not have to be heard by a third party in order to qualify as defamatory.

    An unkind statement made against a profession as a whole is also considered defamatory.

    A statement should be based on pure opinion to qualify as defamatory2.Who among the following is given absolute privilege or immunity against defamation?

    Journalists while covering the news

    Employers while recruiting new employees

    Business owners during press conferences

    Congress members during congressional debates3.Delta Inc. has filed a lawsuit against one of its new franchisees for providing false information about the amount of its profits it would give to Delta every month. Delta has also ascertained that the incorrect information caused pecuniary damages to Delta as well as damages to its reputation. What type of business tort is illustrated in the scenario?

    Fraudulent misrepresentation

    Slander

    Battery

    Tortious interference with existing contractual relationship

    4.What is likely to make a plaintiff’s case stronger in a negligence lawsuit?

    Use of the assumption of risk

    Absence of a safety statute

    Occurrence of misfeasance

    Absence of proximate cause


    5.In cases of negligence, what is one problem in applying the but for test?

    It may result in holding a tortfeasor responsible for injuries that were not foreseeable.

    It relieves a defendant of all liabilities, ruling that the defendant did not owe a duty of care to the plaintiff.

    It may result in limiting the liability on a defendant in cases where the plaintiff, in some way, was also responsible for the damages.

    It limits the liability on the defendant in cases where a superseding event caused more damages


    5.Which doctrine allows a plaintiff to presume that a defendant caused certain damages without describing exactly how the defendant behaved?

    Comparative negligence

    Res ipsa loquiter

    Assumption of the risk

    Actus Reus


    6.What is true about strict liability?

    It places emphasis on the intent of the tortfeasor.

    It requires the plaintiff to prove duty of care and negligence.

    It applies primarily to abnormally dangerous activities

    It does not apply to defective products


    7.Venus Corp. is a building demolition company that produces large quantities of plastic explosives, which are stored in its warehouses. These warehouses are typically insulated and protected against damage. However, one day, a worker unintentionally causes an explosion in one of the warehouses, damaging buildings around it and causing injury to some individuals in the area. Which type of liability will a court most likely impose on Venus Corp.?

    Strict liability

    Assumption of the risk

    Libel

    Defamation liability


    8.Identify the basis upon which strict liability is imposed on a company for damages caused in the event of an incident.

    The nature of the activity of the company

    The intentions of the company

    The net worth of the company

    The amount of resources used by the company


    9.Omega Inc. has filed a lawsuit against one of its employees. This employee has been transferring monthly sums of company money into his personal account. He has been simultaneously altering the company’s financial records to indicate that the money is still in the company account. What kind of white collar crime is illustrated in the scenario?

    Battery

    Ponzi scheme

    Embezzlement

    Theft


    10.Identify the white collar crime that involves a fraudulent entity attracting investors, offering them high returns, and paying these returns, not from profits, but from investments made by subsequent investors.

    Ponzi scheme

    Embezzlement

    Bribery

    Battery


    11.Choose the correct statement about white collar crimes in the United States.

    Conspiracy requires a criminal act to be carried out, not just agreed upon.

    Insider trading activities can no longer by pursued by the government.

    An obstruction of justice charge can stand independently

    Bribery is an offense that requires that a transaction has actually taken place, not just that money has been offered


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    ETH 321 Week 1 Knowledge Check


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    ETH 321 Week 1 Knowledge Check

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