Printed below are examination-style questions. Answer each question, by marking the best choice in
the space to the left of the number. Also provide a response or give the required explanation, as
directed, in the space provided. Make certain your answers are legible. Answers which cannot be read,
because of poor handwriting or writing that is too small, will NOT be graded. For the required
explanations or responses, do NOT use more than the space provided. Do NOT provide a separate
sheet of paper. Also, submit this document as printed off from the PDF file which was posted. Do NOT
convert it to word or otherwise alter the format of this assignment.
______ 1. Fritz is injured while driving to the grocery store. The police accident report clearly placed the
blame for the incident on the other driver, and because Fritz suffered significant losses, he intends to sue.
To find out how much time he has to bring the lawsuit and what must be done to start the litigation, Fritz
should consult
a. criminal law
b. substantive law
c. procedural law
d. the psychic hotline
Answer “b” is correct/incorrect (circle one) because ___________________________________________
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_______2. Dan owns a parcel of land in the hills above property held by Ann. Recently, Dan brought a
bulldozer onto his premises, apparently with the intent of clearing the brush and undergrowth which has
been sprouting on his parcel for many years. Ann is concerned that Dan’s activities will result in
increased water runoff and spring flooding. She further believes clearing the land will violate the town’s
land use ordinance.
a. Ann can do nothing regarding Dan’s plans. If her own land is later damaged by floods, she can sue for
her monetary losses at that time.
b. Ann should seek an injunction.
c. If Ann decides to seek an equitable remedy, in most states she will have to sue in a separate equity
court.
d. None of the above.
Answer “c” is correct/incorrect (circle one) because ___________________________________________
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______ 3. Which of the statements below is correct?
a. The Nash model requires that above all else, a decision maker do no harm.
b. A moral relativist might find an action that involves breaking the law to be ethical, if it prevented a
greater harm.
c. The Blanchard/Peale test focuses on the three C’s: compliance, contribution and consequences.
d. None of the above.
Answer “c” is correct/incorrect (circle one) because __________________________________________
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______ 4. A subpoena duces tecum
a. can only be issued by an appellate court.
b. requires the recipient to appear before an administrative agency and to bring specified documents.
c. requires the recipient to appear before an administrative agency in order to adjudicate a proposed
finding of violation.
d. None of the above. These subpoenas were made illegal by the Privilege and Privacy Protection Act of
1999.
Answer “a” is correct/incorrect (circle one) because ___________________________________________
_____________________________________________________________________________________
______ 5. Jean owns a manufacturing business. Recently, she received a citation from OSHA, the
Occupational Safety and Health Administration, accusing her of violating certain workplace safety rules.
The fine the federal agency proposes to assess is significant and Jean wants to contest the finding of
violations. Which statement below is INCORRECT?
a. Jean should ensure that OSHA complied with its enabling legislation and also the Administrative
Procedure Act in taking its actions against her.
b. To contest the finding, Jean may be required to seek a hearing before an administrative law judge
employed by OSHA.
c. If Jean is unhappy with the decision made by the administrative law judge, she has a right to appeal
before an appellate board within OSHA, and then in federal court.
d. If Jean decides to pursue a hearing before an administrative law judge, she is entitled to a jury.
Answer “b” is/is not (circle one) an accurate statement of the law because _________________________
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______ 6. Cheney and Biden were involved in a boating accident. Cheney believed the accident was
caused by Biden and brought a lawsuit to recover his damages. Notwithstanding evidence which Cheney
believed was compelling, the jury found Biden had no liability for the losses. Cheney wants to appeal.
a. If an appellate court remands the case, that means the dispute will be returned to the lower court, for
further proceedings.
b. Under these facts Cheney would be referred to as the appellee.
c. When an appellate justice agrees with the result reached by the majority but disagrees with the
reasoning used, he or she should write a dissenting opinion.
d. None of the above.
Answer “c” is correct/incorrect (circle one) because ___________________________________________
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______ 7. Which of the following is true regarding sources of law in the United States?
a. Where a statute conflicts with the Constitution, the courts give precedence to whichever rule seems to
make the most sense.
b. Court cases constitute law only if the holding is later approved by the legislature.
c. Statutes like the United States Code (“U.S.C.”) are codified, meaning they are organized in
chronological order based on the date they became final.
d. None of the above.
Answer “a” is correct/incorrect because ____________________________________________________
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______ 8. For many years Mickey has purchased the widgets he needs for his factory operations from
Minnie Widget Supplies. However, the last shipment Mickey received from Minnie did not conform to
contract specifications. Mickey does not want to endanger his working relationship with Minnie, but he
cannot afford to absorb the loss caused by the defective shipment. Which approach would be best for
Mickey to use under these circumstances?
a. He should immediately file a lawsuit against Minnie.
b. He should consider negotiation, in which a neutral, non-judge decision maker will make a ruling
resolving the dispute.
c. Even if the contract between Mickey and Minnie contained a clause requiring arbitration, Mickey
probably will be able to litigate rather than arbitrate.
d. Mickey should consider mediation, to try to resolve the dispute while preserving the business
relationship.
e. Both “c” and “d” are correct.
Answer “b” is correct/incorrect (circle one) because ___________________________________________
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______9. Donald is the sole owner of Rummy, Inc., a company which manufactures and sells widgets.
He has spent significant spare time in recent years studying the tax laws regarding foreign investments
and offshore operations. Donald devised a plan which he believes will save him at least 25% in federal
taxes by moving certain of his operations to a remote Pacific island. His tax accountant researched
Donald’s scheme and suspects it’s probably illegal. However, the tax accountant can find no definitive
legal authority which confirms thatsuspicion.
a. Under the Categorical Imperative, if Donald’s plan is legal, it also is ethical.
b. Under the Wall Street Journal model, Donald considers only how his scheme would be viewed if the
subject of an article appearing on the front page of the paper, there to be read by family, friends and
colleagues.
c. Under the Wall Street Journal model, Donald should consider the consequences if his plan might lead
to an audit and protracted litigation with the IRS, even if ultimately found to be legal.
d. Under the Nash test Donald must consider if a decision to pursue the scheme is legal, balanced, and
how it would make him feel.
Answer “d” is correct/incorrect (circle one) because ___________________________________________
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______ 10. Regarding a corporate code of ethics, which statement below is FALSE?
a. A stakeholder model discusses the constituencies to which a business has some responsibility.
b. Under the federal sentencing guidelines, an organization that attempts to create an ethical culture with a
code of ethics may receive a lighter punishment in the event of a criminal conviction.
c. An effective code of ethics should include a procedure by which employees can report suspected
violations.
d. None of the above. All of these statements are true.
Answer “a” is/is not (circle one) an accurate statement about ethics codes because ___________________
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