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



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• 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