Question 1

Which of the following illustrates Emerson's observation that "to be understood is a rare luxury"?

Accepted Answer

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. 
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. D

Question 2

A preconceived notion is a position or stance on an issue, the takeaway that the person giving you the advice wants you to believe.

Accepted Answer

A) True 
 B)False  False

Question 3

The four primary ethical norms are freedom, stability, justice, and efficiency.

Accepted Answer

A) True 
 B)False  True

Question 4

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.

Accepted Answer

A)  analogy 
B)  conclusion 
C)  norm 
D)  reason 
A)  analogy 
B)  conclusion 
C)  norm 
D)  reason

Question 5

Issues are stated as questions because they .

Accepted Answer

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 
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

Question 6

Standards of conduct that are considered good or virtuous are called .

Accepted Answer

A)  issues 
B)  conclusions 
C)  analogies 
D)  ethical norms 
A)  issues 
B)  conclusions 
C)  analogies 
D)  ethical norms

Question 7

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.

Accepted Answer

A) True 
 B)False

Question 8

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?

Accepted Answer

A)  freedom 
B)  security 
C)  justice 
D)  efficiency 
A)  freedom 
B)  security 
C)  justice 
D)  efficiency

Question 9

Facts provide the context in which the legal issue is to be resolved.

Accepted Answer

A) True 
 B)False

Question 10

State reasonable perspectives concerning the correct way to word the issue in dispute.

Accepted Answer

The issue is the question that caused th

Question 11

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.

Accepted Answer

A) True 
 B)False

Question 12

Lawyers and judges typically use analogies .

Accepted Answer

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 
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

Question 13

The ethical norm of includes achieving the psychological condition of self- confidence such that risks are welcomed.

Accepted Answer

A)  freedom 
B)  security 
C)  justice 
D)  efficiency 
A)  freedom 
B)  security 
C)  justice 
D)  efficiency

Question 14

Which of the following statements is true about rules of law?

Accepted Answer

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. 
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.

Question 15

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 .

Accepted Answer

A)  gathering facts 
B)  researching the relevant rules of law 
C)  crafting a legal analogy 
D)  reasoning to the final conclusion 
A)  gathering facts 
B)  researching the relevant rules of law 
C)  crafting a legal analogy 
D)  reasoning to the final conclusion

Question 16

With reference to ethical norms, to minimize costs is a form of .

Accepted Answer

A)  freedom 
B)  efficiency 
C)  security 
D)  justice 
A)  freedom 
B)  efficiency 
C)  security 
D)  justice

Question 17

A(n) word is one capable of having more than one meaning in the context of certain facts.

Accepted Answer

A)  ambiguous 
B)  definite 
C)  certain 
D)  hypothetical 
A)  ambiguous 
B)  definite 
C)  certain 
D)  hypothetical

Question 18

Which of the following statements best describes the risk associated with ambiguity in legal reasoning?

Accepted Answer

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. 
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.

Question 19

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?

Accepted Answer

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. 
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.

Question 20

Critical thinking is inactive because it discourages people from forming judgments about the quality of the link between someone's reasons and conclusions.

Accepted Answer

A) True 
 B)False

Exam 1: Critical Thinking and Legal Reasoning

Which of the following illustrates Emerson's observation that "to be understood is a rare luxury"?

A preconceived notion is a position or stance on an issue, the takeaway that the person giving you the advice wants you to believe.

The four primary ethical norms are freedom, stability, justice, and efficiency.

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.

Issues are stated as questions because they .

Standards of conduct that are considered good or virtuous are called .

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.

Facts provide the context in which the legal issue is to be resolved.

State reasonable perspectives concerning the correct way to word the issue in dispute.

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.

Lawyers and judges typically use analogies .

The ethical norm of includes achieving the psychological condition of self- confidence such that risks are welcomed.

Which of the following statements is true about rules of law?

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 .

With reference to ethical norms, to minimize costs is a form of .

A(n) word is one capable of having more than one meaning in the context of certain facts.

Which of the following statements best describes the risk associated with ambiguity in legal reasoning?

Critical thinking is inactive because it discourages people from forming judgments about the quality of the link between someone's reasons and conclusions.

Introduction to Law and the Legal Environment of Business

The American Legal System

Alternative Tools of Dispute Resolution

Constitutional Principles

White-Collar Crime and the Business Community

Ethics, Social Responsibility, and the Business Manager

The International Legal Environment of Business

The Law of Contracts and Sales I

The Law of Contracts and Sales Ii

The Law of Torts

Product and Service Liability Law

Law of Property: Real and Personal

Intellectual Property

Agency Law

Law and Business Associations I

Law and Business Associations II

The Law of Administrative Agencies

The Employment Relationship and Immigration Laws

Laws Governing Labor-Management Relations

Employment Discrimination

Environmental Law

Rules Governing the Issuance and Trading of Securities

Antitrust Laws

Laws of Debtor-Creditor Relations and Consumer Protection

Filters