Question 1

In a brief filed in Gene's suit against Hoyt in a federal court,Ilsa,Gene's attorney,cites,Jon v.Klint,an unpublished opinion.According to a ruling of the United States Supreme Court,the judge in Gene's suit

A)may consider the unpublished opinion persuasive.
B)must apply the unpublished opinion as binding.
C)must ignore the unpublished opinion.
D)must issue a judgment in Hoyt's favor.

A

Accepted Answer

According to the ruling of the United States Supreme Court, judges may consider unpublished opinions as persuasive, although they are not binding precedent. Therefore, Ilsa citing an unpublished opinion in Gene's suit against Hoyt may be considered persuasive by the judge.

Question 2

Commercial Wholesale,Inc. ,conducts its operations unethically,which,when revealed,will likely affect its&#10;A)good will only.&#10;B)profits only.&#10;C)reputation only.&#10;D)good will,profits,and reputation.

Accepted Answer

Unethical operations by a company can affect all aspects of the business, including its good will, profits, and reputation. Customers are less likely to do business with a company that behaves unethically, leading to decreased profits and a damaged reputation.

Question 3

In Eastside Grocery Company's suit against Fresh Foods,Inc. ,Fresh seeks to discover electronically stored information (ESI)that should be in Eastside's possession.If Eastside did not preserve the ESI despite a clear duty to do so,the company should most likely

A)ask the court to sanction Fresh for an unreasonable request.
B)reconstruct the ESI to the best of its ability.
C)refuse to provide the ESI on the ground that it is confidential.
D)settle the dispute.

D

Accepted Answer

D

Question 4

Sustainability-economic development that meets the needs of the present without compromising the ability of future generations to meet their needs-has been legislatively committed to by&#10;A)no state statute or federal law.&#10;B)at least one state-Oregon.&#10;C)federal statutes only.&#10;D)international law only.

Accepted Answer

Only Oregon has legislatively committed to sustainability by passing a state statute called the Oregon Sustainability Act. Neither federal nor international laws require sustainability.

Question 5

Energy Resources Company develops its marketing strategies in terms of what its management perceives as its ethical obligations,which represent its&#10;A)legal liability.&#10;B)profitability.&#10;C)standards of right and wrong.&#10;D)unilateral corporate duties.

Accepted Answer

Ethical obligations are based on standards of right and wrong, and Energy Resources Company is developing its marketing strategies with these obligations in mind. It is not solely driven by legal liability or profitability, nor are its duties solely unilateral corporate obligations.

Question 6

World Investment & Trading,Inc. ,encourages its employees to build trust with its customers and other companies.A corporation that &#34;outbehaves&#34; its competition ethically&#10;A)may outperform its competition financially.&#10;B)most likely has fools for managers.&#10;C)may succeed but is not likely to outperform its competition.&#10;D)will undercut its profits and may not achieve business success.

Accepted Answer

Studies have shown that companies that practice ethical behavior and build trust with their customers and partners often outperform their competition financially in the long run. This is because customers and partners are more likely to return and do business with a company that they trust and perceive as ethical.

Question 7

Congress intends to enact a law to criminalize the distribution of illegal child pornography on the Internet.Most likely to be held constitutional is a statute that prohibits&#10;A)offers to provide,and requests to obtain,child pornography.&#10;B)the possession of virtual child pornography.&#10;C)the possession of real and virtual child pornography.&#10;D)a substantial amount of protected speech-especially pornography.

Accepted Answer

The Supreme Court has previously upheld laws that criminalize the distribution or solicitation of child pornography as they involve a compelling state interest in protecting children from sexual exploitation. However, laws that criminalize the possession of virtual or real child pornography may violate the First Amendment protections of free speech, as they do not involve actual abuse of children. The criminalization of a substantial amount of protected speech would likely also violate the First Amendment.

Deck 1: D: Introduction to Law and Legal Reasoning