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The
Legal Environment of Business, 8e (Kubasek)
Chapter
1 Critical Thinking and Legal Reasoning
1) Critical thinking ________.
A) is the ability to understand the
structure of an argument and apply a set of evaluative criteria to assess its
merits
B) is the goal toward which reasoning
pushes an individual
C) refers to the standards of conduct
that an individual considers virtuous
D) is the comparison based on the
assumption that if two things are alike in some respect, they must be alike in
other respects
Answer:
A
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
2) A(n) ________ is a position or stance
on an issue, the "takeaway" that the person giving you the advice
wants you to believe.
A) deduction
B) induction
C) reduction
D) conclusion
Answer:
D
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
3) Business firms encounter legal
________ in the form of laws or court decisions and in the advice they receive
from people with formal legal training.
A) deductions
B) inductions
C) reductions
D) conclusions
Answer:
D
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
4) Which of the following statements
best illustrates the use of critical thinking skills by a lawyer?
A) A lawyer raises a courtroom objection
when her opponent engages in critical commentary about an opponent without
prior permission of the judge.
B) A lawyer develops a closing argument
using visual aids that is likely to impress a jury comprised of ordinary
citizens.
C) A lawyer approaches a difficult
problem by gathering all relevant facts, determining the real issue in dispute,
and applying reason to reach a conclusion.
D) A lawyer scientifically analyzes the
handwriting of a defense witness to determine the potential for bias.
Answer:
C
LO:
1.1: The Importance of Critical Thinking
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
5) The stimulus that initiates legal
reasoning is known as the ________.
A) conclusion
B) reason
C) norm
D) issue
Answer:
D
LO:
1.1: The Importance of Critical Thinking
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
6) Martin, an entrepreneur, has been
facing an employee union strike at his factory for the past four weeks. Last
week, the laborers from his factory entered his home without his consent to
list out their demands to him while insisting on better working conditions for
the employees. Martin consulted his lawyer who was of the opinion that the
committed offense was criminal in nature. Which among the following statements
best describes the issue in this scenario?
A) the employee union striking at
Martin's factory
B) What is the reason for the employee
union strike?
C) the employees asking for better
working conditions
D) Are union organizers permitted to
enter an employer's property?
Answer:
D
LO:
1.1: The Importance of Critical Thinking
Diff:
Difficult
Class:
Application
AACSB:
Application of knowledge
7) Issues are stated as questions
because they ________.
A) reduce the complexity of the
situation
B) are a call for action
C) are clearly defined and not open to
interpretations
D) speed up the legal process
Answer:
B
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
8) A(n) ________ is the goal toward
which reasoning pushes us.
A) initiative
B) conclusion
C) analogy
D) premise
Answer:
B
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
9) Mike's organization manages the
logistics for a petroleum company. Last month, one of its tankers spilled about
one hundred tons of oil in the ocean while transporting it. Mike meets with a
lawyer to understand his organization's liability in the accident, and he is
relieved to hear that all the damages have to be paid by the petroleum company.
Which of the following statements best describes the conclusion in this
scenario?
A) Mike's firm is liable for the damages
and must pay the company.
B) Mike's firm is partially responsible
for the damages.
C) Mike's firm is not responsible for
the damages.
D) Mike's firm is solely responsible for
the damages.
Answer:
C
LO:
1.1: The Importance of Critical Thinking
Diff:
Difficult
Class:
Application
AACSB:
Application of knowledge
10) Which of the following statements
best illustrates a conclusion?
A) the opening argument delivered by the
defendant's lawyer to the jury
B) the most important evidence offered
by an eyewitness
C) the action of a lawyer in objecting
to unconvincing testimony
D) the judge's written decision in favor
of the plaintiff or defendant at the end of a trial
Answer:
D
LO:
1.1: The Importance of Critical Thinking
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
11) The one characteristic shared by
many forms of critical thinking is the focus on the quality of an individual's
________.
A) reasoning
B) past conclusions
C) stand on the issue
D) ethical values
Answer:
A
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
12) Indoctrination refers to the ability
to understand what someone is saying and then to ask specific questions
enabling you to evaluate the quality of the reasoning offered to support
whatever advice someone has given you.
Answer:
FALSE
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
13) A preconceived notion is a position
or stance on an issue, the takeaway that the person giving you the advice wants
you to believe.
Answer:
FALSE
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
14) When people engage in legal
reasoning, the stimulus that gets them thinking is called the conclusion.
Answer:
FALSE
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
15) The reason is a position or stance
on an issue, the takeaway that the person giving the advice wants the other
person to believe.
Answer:
FALSE
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
16) Critical thinking is inactive
because it discourages people from forming judgments about the quality of the
link between someone's reasons and conclusions.
Answer:
FALSE
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
17) Define critical thinking and discuss
the importance of critical thinking skills in business.
Answer:
Critical thinking refers to the ability to understand what someone is
saying and then to ask specific questions enabling you to evaluate the quality
of the reasoning offered to support whatever advice someone has given you.
Success in business requires the development of critical thinking skills.
Business leaders regularly list these skills as the first set of competencies
needed in business.
LO:
1.1: The Importance of Critical Thinking
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
18) Which of the following is the first
step to legal reasoning in the critical thinking model?
A) stating the relevant rules of law
B) looking for evidence of relevant
missing information
C) analyzing the legal analogies
D) stating the facts of the case
Answer:
D
LO:
1.2: A Critical Thinking Model
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
19) Which of the following is typically
the step after identifying the issue in legal reasoning?
A) looking for evidence of relevant
missing information
B) analyzing the legal analogies
C) stating the reasons and conclusion of
the issue
D) stating the relevant rules of law
Answer:
C
LO:
1.2: A Critical Thinking Model
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
20) Which of the following is the last
step to legal reasoning in the critical thinking model?
A) stating the relevant rules of law
B) looking for evidence of relevant
missing information
C) stating the reasons and conclusion of
the issue
D) evaluating the facts of the case
Answer:
B
LO:
1.2: A Critical Thinking Model
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
21) Janet, a lawyer, has been assigned
to work on a money laundering case. She has collected the facts and understood
the issue. According to the eight steps to legal reasoning, which of the following
will be her next step?
A) verifying if the legal argument
contains significant ambiguity
B) looking for evidence of relevant
missing information
C) stating the reasons and conclusion of
the issue
D) analyzing the ethical norms
fundamental to the court's reasoning
Answer:
C
LO:
1.2: A Critical Thinking Model
Diff:
Difficult
Class:
Application
AACSB: Application of knowledge
22) Which of the following is true of
the eight steps to legal reasoning?
A) All of the eight steps are
foundational steps.
B) The first four steps are the critical
thinking steps and the final four steps are the foundational steps.
C) The first four steps are the
foundational steps and the final four steps are the critical thinking steps.
D) All of the eight steps are critical
thinking steps.
Answer:
C
LO:
1.2: A Critical Thinking Model
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
23) Which of the following statements
best summarizes the first four steps to legal reasoning?
A) understanding the client, preparing
the legal paperwork, appearing in court, and arguing the case
B) drafting the summons, drafting the
complaint, preparing the answer, and filing documents in court
C) finding the facts, determining the
issue, reasoning to a conclusion, and applying the relevant rules of law
D) raising an objection, explaining the
reasons for the objection, waiting for the judge's ruling, and proceeding with
the testimony
Answer:
C
LO:
1.2: A Critical Thinking Model
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
24) Which among the following is a
foundational step to legal reasoning?
A) looking for evidence of relevant
missing information
B) determining the reasons and
conclusion to an issue
C) analyzing the legal analogies
D) verifying if the legal argument
contains significant ambiguity
Answer:
B
LO:
1.2: A Critical Thinking Model
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
25) Which of the following questions is
a critical thinking step to legal reasoning?
A) analyzing the legal analogies
B) stating the facts of the case
C) determining the issue
D) stating the relevant rules of law
Answer:
A
LO:
1.2: A Critical Thinking Model
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
26) Which of the following statements
best describes facts in legal reasoning?
A) Facts are the most basic building
blocks in a legal decision or argument.
B) Facts are words used to describe the
reasons for reaching conclusions in a complex legal dispute.
C) Facts are the issues in a dispute,
which is the bone of contention between two opposing litigants.
D) Facts are the position or stance on
an issue.
Answer:
A
LO:
1.2: A Critical Thinking Model
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
27) "What are the facts?" is
typically the first step in the legal reasoning model.
Answer:
TRUE
LO:
1.2: A Critical Thinking Model
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
28) "What are the reasons and
conclusion?" is typically the final step in the legal reasoning model.
Answer:
FALSE
LO:
1.2: A Critical Thinking Model
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
29) The first four steps in the legal
reasoning model are referred to as the critical thinking components.
Answer:
FALSE
LO:
1.2: A Critical Thinking Model
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
30) The purpose of the last four steps
in the legal reasoning model is to discover the vital elements in the case and
the reasoning behind the decision.
Answer:
FALSE
LO:
1.2: A Critical Thinking Model
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
31) List the eight steps in the critical
thinking model.
Answer:
The following are the eight steps in the critical thinking model:
1. What are the facts?
2. What is the issue?
3. What are the reasons and conclusion?
4. What are the relevant rules of law?
5. Does the legal argument contain significant
ambiguity?
6. What ethical norms are fundamental to the
court's reasoning?
7. How appropriate are the legal analogies?
8. Is there relevant missing information?
LO:
1.2: A Critical Thinking Model
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
32) List the eight steps of legal
reasoning.
Answer:
The eight steps of legal reasoning involve answering the following
questions:
1. What are the facts?
2. What is the issue?
3. What are the reasons and conclusions?
4. What are the relevant rules of law?
5. Does the legal argument contain significant
ambiguity?
6. What ethical norms are fundamental to the
court's reasoning?
7. How appropriate are the legal analogies?
8. Is there relevant missing information?
LO:
1.2: A Critical Thinking Model
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
33) The most basic building blocks in a
legal decision or argument are the ________.
A) conclusions
B) deductions
C) assumptions
D) facts
Answer:
D
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
34) ________ provide the context in
which the legal issue is to be resolved.
A) Conclusions
B) Assumptions
C) Facts
D) Deductions
Answer:
C
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
35) Which of the following best
describes a legal issue?
A) A legal issue is the ultimate
reasoning behind a judge's final decision.
B) A legal issue is the set of facts by
which the lawyers and their clients assist the judge in reaching a final
decision.
C) A legal issue is the question that
caused the lawyers and their clients to enter the legal system.
D) A legal issue is an ethical norm
fundamental to the court's decision.
Answer:
C
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
36) Which of the following statements
best defines "conclusion"?
A) It is the answer to a legal issue.
B) It is the most basic component of a
legal decision.
C) It is the stimulus that initiates
legal reasoning.
D) It is the main issue presented in a
legal argument.
Answer:
A
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
37) A(n) ________ is an explanation or
justification provided as support for conclusion.
A) issue
B) fact
C) analogy
D) reason
Answer:
D
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
38) A(n) ________ word is one capable of
having more than one meaning in the context of certain facts.
A) ambiguous
B) definite
C) certain
D) hypothetical
Answer:
A
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
39) The primary ________ norms that
influence judges' decisions are justice, stability, freedom, and efficiency.
A) ethical
B) illusory
C) contextual
D) procedural
Answer:
A
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
40) The ethical norm of ________
includes possessing the capacity or resources to act as one wishes.
A) freedom
B) security
C) justice
D) efficiency
Answer:
A
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
41) The ethical norm of ________
includes being safe from those wishing to interfere with your property rights.
A) freedom
B) justice
C) security
D) efficiency
Answer:
C
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
42) The ethical norm of ________
includes achieving the psychological condition of self-confidence such that
risks are welcomed.
A) freedom
B) security
C) justice
D) efficiency
Answer:
B
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
43) The ethical norm of ________
includes possessing anything that someone else was willing to grant you.
A) freedom
B) security
C) justice
D) efficiency
Answer:
C
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
44) The ethical norm of ________
includes treating all humans identically, regardless of class, race, gender, or
age.
A) freedom
B) security
C) justice
D) efficiency
Answer:
C
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
45) The ethical norm of ________
includes providing resources in proportion to need.
A) freedom
B) security
C) justice
D) efficiency
Answer:
C
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
46) The ethical norm of ________
includes minimizing costs.
A) freedom
B) security
C) justice
D) efficiency
Answer:
D
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
47) The ethical norm of ________
includes getting the most from a particular input.
A) freedom
B) security
C) justice
D) efficiency
Answer:
D
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
48) Precedents are the ________ on which
legal decision making depends.
A) analogies
B) obstacles
C) legislation
D) prohibitions
Answer:
A
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
49) Which of the following statements is
true about rules of law?
A) Legal reasoning is complex because
statutes and findings are never crystal-clear.
B) Judges and businesspeople do not have
room for interpretive flexibility in their reasoning.
C) Judges can offer any reasoning they
please.
D) They tend to cloud a judge's
reasoning, and should be avoided when reaching a decision.
Answer:
A
LO:
1.3: The Critical Thinking Steps
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
50) A judge wants to encourage people to
act without restriction from rules imposed by others. Which of the following
ethical norms is the judge emphasizing?
A) security
B) freedom
C) justice
D) efficiency
Answer:
B
LO:
1.3: The Critical Thinking Steps
Diff:
Moderate
Class:
Concept
AACSB: Analytical thinking
51) With reference to ethical norms, to
provide the order in business relationships that permits predictable plans to
be effective is a form of ________.
A) security
B) justice
C) freedom
D) efficiency
Answer:
A
LO:
1.3: The Critical Thinking Steps
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
52) With reference to ethical norms, to
receive the product of your labor is a form of ________.
A) freedom
B) efficiency
C) security
D) justice
Answer:
D
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
53) A court ruled that a town government
can condemn private homes so that the homes can be torn down and the land can
be used by local developers to build offices, restaurants and stores, which
will increase the tax revenues of the town. Which of the following ethical
norms is illustrated in this scenario?
A) freedom
B) security
C) justice
D) efficiency
Answer:
D
LO:
1.3: The Critical Thinking Steps
Diff:
Difficult
Class:
Application
AACSB:
Application of knowledge
54) With reference to ethical norms, to
minimize costs is a form of ________.
A) freedom
B) efficiency
C) security
D) justice
Answer:
B
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
55) Justice, stability, freedom, and
efficiency are ________ ethical norms.
A) primary
B) secondary
C) conditional
D) tertiary
Answer:
A
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
56) Lawyers and judges typically use
analogies ________.
A) to maximize costs for trials
B) for critical legal reasoning
C) as substitutes for the facts of the
case
D) to compare the facts of legal
precedents to the facts of the case at hand
Answer:
D
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
57) Johnson, a lawyer, is representing a
male homosexual worker who was sexually harassed by a male heterosexual worker
at his workplace. Which of the following statements is the best example of an
appropriate legal analogy?
A) a case precedent that finds the law
protects heterosexuals from gender discrimination in the workplace
B) a case precedent that finds the law
protects heterosexual males from being harassed by heterosexual males in the
workplace
C) a case precedent that finds the law
protects homosexuals of either gender from being harassed by heterosexual
supervisors of either gender
D) a case precedent that finds the law
does not protect homosexuals from harassment during off duty hours
Answer:
C
LO:
1.3: The Critical Thinking Steps
Diff:
Difficult
Class:
Application
AACSB:
Application of knowledge
58) Which of the following is important
in order to be comfortable with a particular analogy?
A) The independent evidence in the
current case should be different from the independent evidence in the
precedent.
B) The independent evidences of
different cases should not be compared.
C) The independent evidence in the
current case should be similar to the independent evidence in the precedent.
D) The independent evidence in the
precedent should be discarded.
Answer:
C
LO:
1.3: The Critical Thinking Steps
Diff:
Moderate
Class:
Concept
AACSB: Analytical thinking
59) Which of the following statements
best explains why it is important to search for relevant missing information?
A) All information is relevant, even if
the information is not discussed in the judge's final decision.
B) Missing information generally proves
that one of the parties is trying to hide something.
C) If relevant information is missing,
the subsequent reasoning may be faulty because it will not rest squarely on all
relevant facts.
D) Ethical norms are generally based on
relevant missing information.
Answer:
C
LO:
1.3: The Critical Thinking Steps
Diff: Moderate
Class:
Concept
AACSB:
Analytical thinking
60) Facts provide the context in which
the legal issue is to be resolved.
Answer:
TRUE
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
61) The fact is the question that caused
the lawyers and the clients to enter the legal system.
Answer:
FALSE
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
62) Reasons are the explanations or
justifications provided as support for a conclusion.
Answer:
TRUE
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
63) Judges can offer any reasoning they
please.
Answer:
FALSE
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
64) An ambiguous word is one capable of
having more than one meaning in the context of the facts.
Answer:
TRUE
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
65) Security norms aid in receiving the
product of your labor.
Answer:
FALSE
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
66) Efficiency norms aid in maximizing
the amount of wealth in our society.
Answer:
TRUE
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
67) Freedom norms provide the order in
business relationships that permits predictable plans to be effective.
Answer:
FALSE
LO:
1.3: The Critical Thinking Steps
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
68) List the various forms of the
ethical norms of security and justice.
Answer:
Security and justice are two of the four primary ethical norms (the
other two are freedom and efficiency). The various forms of the ethical norm of
security are:
1. To provide the order in business relationships
that permits predictable plans to be effective;
2. To be safe from those wishing to interfere with
your property rights; and
3. To achieve the psychological condition of
self-confidence such that risks are welcomed.
The various
forms of the ethical norm of justice are:
1. To receive the product of your labor;
2. To provide resources in proportion to need;
3. To treat all humans identically, regardless of
class, race, gender, or age; and
4. To possess anything that someone else was
willing to grant you.
LO:
1.3: The Critical Thinking Steps
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
69) State reasonable perspectives
concerning the correct way to word the issue in dispute.
Answer:
The issue is the question that caused the lawyers and their clients to
enter the legal system. Usually, there are several reasonable perspectives
concerning the correct way to word the issue in dispute.
1. In what instances may a court grant a new
trial?
2. Does perjury of a witness mean that defendants
should have a new trial?
3. Do the regulations in Rule 33 and relevant case
law permit the defendants to have a new trial?
LO:
1.3: The Critical Thinking Steps
Diff:
Moderate
Class:
Concept
AACSB: Analytical thinking
70) Why is it important to identify any
significantly ambiguous words when reading a legal case?
Answer:
When a court relies on a significantly ambiguous word or phrase, it is
relying on a term that is capable of having more than one meaning in the
context of the facts. Depending on the various meanings the court adopts, the
conclusion that a particular judge reaches may seem either consistent or
inconsistent with that term (which is often tied to a reason in support of the
proffered conclusion). Moreover, ambiguous words used as part of a legal rule
can have a substantial impact on the conclusion that naturally flows from a
particular set of facts.
LO:
1.3: The Critical Thinking Steps
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
71) An attorney hires a private
investigator to question all eyewitnesses to a traffic accident. She decides
not to engage in legal research until she sees the private investigator's
report. Based on this scenario, the attorney is ________.
A) gathering facts
B) researching the relevant rules of law
C) crafting a legal analogy
D) reasoning to the final conclusion
Answer:
A
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class: Application
AACSB:
Application of knowledge
72) Which of the following statements is
true of a legal issue?
A) The legal issue is determined by the
judge based on the conclusion the judge hopes to reach.
B) Forming an issue in a very broad or
an extremely narrow manner has implications for the scope of the effect
stemming from the eventual decision.
C) Forming the legal issue is a minor
feature of critical legal reasoning and takes its place of importance behind
the formation of ethical norms and rules of law.
D) The legal issue should be based on
relevant missing information.
Answer:
B
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
73) A norm is an expected standard of ________.
A) appeal
B) deviation
C) conduct
D) aberration
Answer:
C
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
74) The four primary ethical norms
include freedom, stability, justice, and ________.
A) retribution
B) efficiency
C) collective identity
D) collective conscience
Answer:
B
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
75) The four primary ethical norms
include ________, stability, justice, and efficiency.
A) retribution
B) freedom
C) collective identity
D) collective soul
Answer:
B
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
76) The four primary ethical norms
include freedom, ________, justice, and efficiency.
A) retribution
B) stability
C) profit
D) power
Answer:
B
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
77) The four primary ethical norms
include freedom, stability, ________, and efficiency.
A) profit
B) justice
C) collective memory
D) collective purpose
Answer:
B
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
78) Which of the following statements is
true about finding a legal conclusion?
A) Legal conclusions should generally be
found before relevant information is determined.
B) Legal conclusions should be based on
analogies and ethical norms rather than statutes, whenever possible.
C) The issue can be used as a helper in
order to find a legal conclusion.
D) One should begin with an analogy to
justice and freedom in order to find a legal conclusion.
Answer:
C
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
79) Which of the following is the best
example of a conclusion in an employment discrimination case?
A) The employee was terminated.
B) The employee worked for the company
for 2 years.
C) The employee did an interview for a
local newspaper supporting a political candidate.
D) The employee is entitled to $50,000
for damages.
Answer:
D
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Application
AACSB:
Application of knowledge
80) The relevant rules of law are
obtained from ________.
A) legal dictionaries
B) case manifests
C) legal precedents
D) the values of the judge
Answer:
C
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
81) Which of the following statements
best describes the risk associated with ambiguity in legal reasoning?
A) Ambiguity adds flexibility to the
court's decisions.
B) Ambiguity frustrates those who have
to read the reasoning.
C) The precedent is ignored because
nobody wants to deal with the ambiguity.
D) The meaning of the precedent can
change depending on the interpretation given to the court's decision by other
courts and attorneys.
Answer:
D
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Concept
AACSB: Analytical thinking
82) Which of the following statements
best explains why legal arguments often contain significant ambiguity?
A) Legal arguments are expressed in
words, and words rarely have the clarity one presumes.
B) Lawyers purposely distort the facts
of each case in order to assist their clients in appearing favorable before a
jury.
C) Ambiguity is an important goal of
critical thinking.
D) Judges choose ambiguous statutes and
precedents in order to reach proper and flexible rules of law.
Answer:
A
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Application
AACSB:
Application of knowledge
83) Which of the following illustrates
Emerson's observation that "to be understood is a rare luxury"?
A) The phrase "public safety"
is clearly understood, because everyone knows the meaning of both words.
B) The phrase "public safety"
is rarely used, because the concept of security is an ethical norm.
C) The phrase "public safety"
represents an ethical norm that is a rare luxury, because the public rarely
feels safe.
D) The phrase "public safety"
seems clear at first glance, but on pondering its various interpretations, one
realizes that it is not so clear.
Answer:
D
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Application
AACSB:
Application of knowledge
84) A standard of conduct is called a(n)
________.
A) issue
B) conclusion
C) reason
D) norm
Answer:
D
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
85) Standards of conduct that are
considered good or virtuous are called ________.
A) issues
B) conclusions
C) analogies
D) ethical norms
Answer:
D
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
86) A labor union negotiator insists
that all union members be paid according to a standard schedule to ensure
fairness. However, the management negotiator argues that a standard schedule
would tie the hands of management and reduce operating profits. Which of the
following best characterizes this dispute?
A) The two negotiators disagree about
the validity of the relevant facts.
B) The two negotiators do not understand
the issue of the case.
C) The two negotiators disagree about
the relative priority of ethical norms.
D) The two negotiators are attempting to
determine the relevant rules of law.
Answer:
C
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Difficult
Class:
Application
AACSB:
Application of knowledge
87) Which of the following is a primary
ethical norm?
A) complexity
B) stability
C) flexibility
D) animosity
Answer:
B
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
88) Which of the following is a true
statement about the current legal system?
A) It is based on certain unchanging
laws, which have been handed down from Great Britain and carefully guarded.
B) It is based solely on the primary
ethical norm of freedom, which cannot be subordinated to other norms.
C) It is based on statutes, which must
be interpreted by legal scholars, who then impart their wisdom to judges and
lawyers.
D) It has evolved over the centuries
through previous case decisions.
Answer:
D
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
89) A(n) ________ is a verbal device for
transferring meaning from something that can be understood quite well to
something that has just been discovered and has, as yet, not been understood
satisfactorily.
A) analogy
B) conclusion
C) norm
D) reason
Answer:
A
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Concept
AACSB: Analytical thinking
90) Which of the following statements
best describes the relationship between an analogy and the use of a legal
precedent by a lawyer?
A) The lawyer uses an analogy to
persuade the court that the facts in a case are similar to the facts given in a
favorable precedent.
B) The lawyer attempts to convince the
court that justice is a more important ethical norm than the analogous ethical
norm of freedom.
C) The lawyer is attempting to convince
the court to establish a legal precedent in a case by rephrasing the legal
issue.
D) The lawyer draws an analogy between
an ethical norm and an ambiguous statement.
Answer:
A
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Application
AACSB:
Application of knowledge
91) The ethical norms that influence a
judge's decision can be determined by ________.
A) stating the conclusion
B) inferring from the court's reasoning
C) stating the facts of the case
D) changing the analogy
Answer:
B
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Moderate
Class:
Concept
AACSB:
Analytical thinking
92) The four primary ethical norms are
freedom, stability, justice, and efficiency.
Answer:
TRUE
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
93) The typical response to an issue is
a conclusion.
Answer:
TRUE
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
94) An ethical norm is a standard or
conduct that is considered good or virtuous.
Answer:
TRUE
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
95) The legal environment of business is
established and modified according to ethical norms.
Answer:
TRUE
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB: Analytical thinking
96) The use of precedent to reach legal
conclusions is so common that legal reasoning can be characterized as
predominantly analogical reasoning.
Answer:
TRUE
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
97) What a person already understands in
the case of legal reasoning is the precedent; what the person hopes to
understand better is the current legal dispute.
Answer:
TRUE
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
98) An analogy is a verbal device for
transferring meaning from something we understand quite well to something we
have just discovered and have, as yet, not understood satisfactorily.
Answer:
TRUE
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
99) If judges are supposed to make
decisions on an issue based solely on the facts and applicable law, what is the
role of ethical norms in influencing a judge's decision?
Answer:
A judge's claiming or implying allegiance to a particular ethical norm
focuses our attention on a specific category of desired conduct. Courts do not
often announce their preferred pattern of ethical norms. Therefore, it is up to
us to infer their identity from the court's reasoning. As critical thinkers, we
want to use the ethical norms, once we find them, as a basis for evaluating the
reasoning. Since any given fact pattern may be susceptible to more than one
interpretation of more than one rule of law, the judge's emphasis of one
ethical norm over another often explains why the judge chose to emphasize one
particular interpretation over all others. For example, if a particular court
issues decisions that consistently emphasize efficiency over personal freedom,
a lawyer can better predict the direction of a future interpretation of a
similar law involving a different set of facts.
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Difficult
Class:
Application
AACSB:
Application of knowledge
100) Why is it especially important to
be able to identify and evaluate analogies?
Answer:
Almost all cases involve the use of analogies, which come from other
cases. Each party tries to argue that he or she has the precedent that is most
analogous to the case at issue. Then the judge must decide which analogy is
better. Therefore, to evaluate the judge's reasoning, the person needs to have
some ability to evaluate analogies.
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Difficult
Class:
Concept
AACSB: Analytical thinking
101) Why is it important to consider the
missing information when evaluating a particular case?
Answer:
No case occurs in a vacuum. When a case makes it into the court system
for argument, there are people doing the arguing. Although those making the
arguments are going to have to rely on a certain set of facts to make their
argument, people run into the limits of their own experience and perceptions.
In many instances, people will often see what they want to see, and will
consequently select certain facts as relevant to a particular case. Because
people are only likely to include a certain set of facts based on their
experience, there are likely to be other facts out there that are relevant to a
particular case. Therefore, it is important to consider relevant missing
information.
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
102) Describe the primary ethical norms.
Answer:
The legal environment of business receives ethical guidance from many
norms. Certain norms, however, play a particularly large role in legal
reasoning. The four primary ethical norms are freedom, stability, justice, and
efficiency. The interplay among these four provides the major ethical direction
for the laws governing business behavior. To discover the relevant ethical
norm, it must be inferred from the court's reasoning. Courts often do not
announce their preferred pattern of ethical norms, but the norms are there
anyway, having their way with the legal reasoning. As critical thinkers, the
ethical norms should be used as a basis for evaluating the reasoning.
LO:
1.4: Using Critical Thinking to Make Legal Reasoning Come Alive
Diff:
Easy
Class:
Concept
AACSB:
Analytical thinking
103) A lobbyist attempts to persuade a
member of Congress that the federal minimum wage laws need to be amended. The
member of Congress asks the Congressional Budget Office to estimate the impact
of the amendment on the nation's economy. Which of the following best
characterizes what the member of Congress does?
A) The member of Congress is gathering
facts.
B) The member of Congress is determining
the relevant rules of law.
C) The member of Congress is weighing
two conflicting ethical norms.
D) The member of Congress is defining
the issue.
Answer:
A
LO:
1.5: Applying the Critical Thinking Approach
Diff:
Moderate
Class:
Application
AACSB: Application of knowledge
104) John and Sandra signed a contract
on the 1st of January. The contract required Sandra to deliver goods to John on
the 20th of January. Sandra failed to deliver the goods. John sued Sandra and
the judge held that she had breached the contract. As a result, John was
entitled to damages. Which of the following is considered the conclusion of the
case?
A) John and Sandra signed a contract on
the 1st of January.
B) The contract required Sandra to
deliver goods to John on the 20th of January.
C) Sandra failed to deliver the goods.
D) Sandra breached the contract and as a
result John was entitled to damages.
Answer:
D
LO:
1.5: Applying the Critical Thinking Approach
Diff:
Difficult
Class:
Application
AACSB: Application of knowledge
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