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Questions and Answers of
Business Law
Who are the professional members of the courtroom work group, and what are their roles?
Who are the nonprofessional courtroom participants, and what are their roles?
What is the purpose of a criminal trial? What is the difference between factual guilt and legal guilt? What do we mean by the term adversarial system?
What are the various stages of a criminal trial? Describe each one.
Describe the five goals of contemporary criminal sentencing. Which of these goals do you think ought to be the primary goal of sentencing? How might your choice vary with the type of offense? In what
Describe the nature of indeterminate sentencing and explain its positive aspects. What led some states to abandon indeterminate sentencing?
What is structured sentencing? What is the status of the federal structured sentencing model today?
How did get-tough sentencing policies lead to the overcrowding that we see in our prisons today?
What are alternative sanctions? Give some examples of alternative sanctions, and offer an assessment of how effective they might be.
What is a presentence investigation? How do PSIs contribute to the contents of presentence reports? How are presentence reports used?
Describe the history of victims' rights and services in this country. What role does the victim play in criminal justice proceedings today?
What are four modern sentencing options? Under what circumstances might each be appropriate?
Do you support or oppose capital punishment? Outline the arguments on both sides of the issue.
What is probation? What purpose does it serve?
What is parole? How do probation and parole differ? How are they alike?
List and explain the advantages and disadvantages of probation and parole?
Name and describe significant court cases that have had an impact on the practices of probation and parole?
What do probation and parole officers do? What role do probation officers play in the sentencing of convicted offenders?
What are intermediate sanctions? How do they differ from more traditional forms of sentencing? What advantages do they offer?
How are probation and parole changing? What does the future hold for each?
How does the American approach to corrections differ today from the past? What has been the source of such change?
What are today's prisons like? What purpose do they serve?
What role do jails play in American corrections? What are some of the issues that jail administrators currently face?
What will be the likely state of private prisons two or three decades from now? Why are privately-run prisons being phased out of the federal system?
What are prison subcultures, and how do they influence prison life? How do they develop, and what purpose do they serve?
How do women's prisons differ from men's? Why have women's prisons been studied less often than institutions for men?
What are the special problems facing female inmates? What are the special needs and concerns of inmate mothers?
What are the primary concerns of prison staff? What other goals do staff members focus on?
What are security threat groups? How common are they in American prisons? What problems do they cause?
What are the commonly accepted rights of prisoners in the United States today? Where do these rights come from? What U.S. Supreme Court cases are especially significant in the area of prisoners'
What are some of the major issues that prisons face today? What new issues might the future bring?
Describe the history and evolution of the juvenile justice system in the Western world, and list the six categories of children recognized by the laws of most states?
Name the important U.S. Supreme Court decisions of relevance to juvenile justice. What was the impact of each of these decisions on juvenile justice in America?
What are the major similarities and differences between the juvenile and adult justice systems?
In your opinion, should juveniles continue to receive what many regard as preferential treatment from the courts? Why or why not?
1. Why would the placement or removal of the job classifications in a bargaining unit have any impact on the quality of the job performed? 2. If the company knew that the tester "experiment" was not
1. How realistic is the company's argument with regard to grooming standards? 2. Can an employer unilaterally impose a grooming rule over the objections of its employees or their bargaining agent? 3.
At this point in your reading of the text, what do you believe are the major pros and cons of unions today?
What are the names of three national labor unions that you are aware of and what are the general work activities of their members?
What do the terms "collective bargaining agreement (CBA)" and "contract" generally refer to in labor relations?
The year 2009 was a significant year in the trends of union membership in the United States, why? Do you believe this event will reverse itself? Why or why not?
Which U.S. industry do you believe is likely to grow in union membership in the next decade, why?
By what means did Cesar Chavez successfully organize the United Farm Workers in California? Do you believe the same means could be utilized successfully today? Why or why not?
What provisions in the agreement between the Major League Baseball Players Association (MLBPA) and the team owners began what is called "the modern era" of professional sports? Why? Do you agree it
In general how do jobs in craft unions differ from those in industrial unions?
1. As arbitrator, what would be your award and opinion in this arbitration? 2. Explain why the relevant provisions of the CBA as applied to the facts of this case dictate the award.3. What
1. As the arbitrator, do you think the employer had just cause to discipline the employee?2. If the union’s opposition to the “Quest for Quality” program encouraged the employees not to
1. "Stereotyping" based upon physical characteristics or appearance is the basis for prejudice. Why do you think the arbitrator in this instance decided against the officer's right to wear an
1. Do you believe Fortin was the victim of union animus by her employer? Why or why not? 2. Fortin's supervisor had no knowledge of her union activity but laid her off on the basis of her poor
1. Active union members often have two jobs to do-as an employee and as a union member. How far do you think an employer should be required to go to allow the member to do both jobs?2. The
What factors in the 1800s contributed to the growth of the American labor movement?
In which industry did women enjoy the most organizing success in the early 1900s?
Did the Great Depression have any impact on the U.S. labor movement? If so, what?
Why is Fannie Sellins called "Labor's Martyr"?
Describe the federal and court actions against union workers in the 1800s.
Why did the Wagner Act have a major impact on employees' rights?
1. What circumstances prompted Congress to pass the Taft-Hartley Amendments?2. The Landrum-Griffin Act?3. What are the important provisions of these acts?
What were common objectives of the early labor unions?
Why was April 20, 1914, "a day that will live in infamy" in labor history?
Why was the relationship between unions and African Americans one of advances and defeats?
1. Remembering this is 1906, how do you think the appeal court ruled? 2. Do you think that the employer in this case expended its resources wisely by fighting the union in the courts rather than
1. The company sought to secure a "closed nonunion shop" through individual agreements with employees and the union sought a "closed union shop" through a collective agreement with the union. Why do
1. As arbitrator, what would be your award and opinion in this arbitration? 2. Explain why the relevant provisions of the CBA as applied to the facts of this case dictate the award. 3. What actions
1. As the judge in this case, would you agree with the four disciplined union members or the union? Why?2. The efforts of the four union members to either switch union positions to nonunion positions
1. How valid is the Court's distinction on the Board's authority to order the employee to take affirmative action that "effectuates" the purpose of the Act?2. This case was decided a few years after
1. Do you think the Court would have found the union in violation of the Sherman Antitrust Act if the price of hosiery had been affected by the strike? 2. The dissenting judge felt the Court's
1. The deduction of union dues and support for the political action activities of the union was a negotiated provision of local government's contract with its unions. Do you think that the State
1. Which party has the most risk in turning this question over to a third party to resolve? Why? 2. How could the FSIP decide this issue and give something to both sides? 3. Do you think it is a
1. How are public employees provided the right of collective bargaining? 2. Do state and local government employees have the same rights as federal employees?
Will the taxpayer revolt that began during the Great Recession of 2008 affect labor relations in the public sector in future years? If so, how? If not, why not?
Why did the federal government resist collective bargaining?
How do public employees' rights and interests differ from those of private sector employees?
How do "school voucher programs" threaten public-sector employees?
How might a public sector union use multilateral bargaining to its advantage?
Should some public sector employees be given the right to strike? If so, which ones? If not, what rights might they be given to help balance the bargaining process?
Do you believe binding arbitration should be used to settle a public sector collective bargaining impasse? Why or why not?
When if ever should a government privatize a service?
How does the "monopoly position" of government affect the collective bargaining process?
1. Do you think that a Sunshine Law like Florida's, in which all bargaining sessions are open, helps or hinders the negotiations process in the public sector? 2. Do you think the reporter in this
1. Explain why you agree or disagree with the court's ruling. 2. The impasse provision calls for mediation, fact-finding, and nonbinding arbitration. Explain why you agree or disagree with the
1. As arbitrator, what would be your award and opinion in this arbitration? 2. Explain why the relevant provisions of the CBA as applied to the facts of this case dictate the award. 3. What actions
1. Was the court correct in deciding that a delay in management's right to fire an employee does not prevent management from actually exercising that right? Does the length of the delay make any
1. As the arbitrator, do you think the employer had just cause to discipline the employee? 2. If the union's opposition to the "Quest for Quality" program encouraged the employees not to participate,
1. The Open Meetings Act in this case excluded meetings related to hiring, firing, or promotion of the personnel of a public governmental body. Should such a section be interpreted to include
1. Because of the public employer and the work performed by the public employee, a dispute in this area often places the public in the position of a third party who suffers injury from the actions of
1. "Stereotyping" based upon physical characteristics or appearance is the basis for prejudice. Why do you think the arbitrator in this instance decided against the officer's right to wear an
How many Americans are members of labor unions?
How long have public sector unions been around?
Who has the right to strike?
Which topics are subject to collective bargaining?
Could an employer force a private sector union to give up collective bargaining rights?
1. Explain how the Company's treatment of both the "covert" and "overt" salts applications for jobs compares to the recommended counter-salting steps for employers. 2. Would either the "covert" or
1. If the court rules that the union has no duty to represent these former employees, they cannot pursue their grievance against the company. Discuss why this result is fair or unfair to all three
What criteria does the NLRB consider when determining whether an appropriate unit of employees has substantial mutuality of interests?
What steps are commonly used by unions to organize a workplace?
How does the National Labor Relations Act limit the Board's determination of the appropriate bargaining units?
What are the steps the NLRB follows in a representation election?
1. How does certification benefit a union? 2. Under what circumstances might the NLRB invalidate a certification election?
What factors might contribute to employees voting to decertify a union?
What are the "rules" employers and union organizers must follow during an organizational campaign?
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