Question 1

The burden of proof in a criminal case is preponderance of the evidence.

Accepted Answer

A) True 
 B)False

Question 2

The law does not change; it is based on unchanging and universal truths.

Accepted Answer

A) True 
 B)False

Question 3

Substantive law creates, defines, and regulates legal rights and duties.

Accepted Answer

A) True 
 B)False

Question 4

In which of the following ways does a state constitution differ from the U.S. Constitution?

Accepted Answer

A)  State constitutions are often more restrictive of rights than the U.S. Constitution. 
B)  A state constitution can guarantee rights beyond those provided in the U.S. Constitution. 
C)  A state constitution is generally amended less frequently than the U.S. Constitution. 
D)  State constitutions tend to be more general than the U.S. Constitution. 
A)  State constitutions are often more restrictive of rights than the U.S. Constitution. 
B)  A state constitution can guarantee rights beyond those provided in the U.S. Constitution. 
C)  A state constitution is generally amended less frequently than the U.S. Constitution. 
D)  State constitutions tend to be more general than the U.S. Constitution.

Question 5

The branch of public law that deals with the various regulatory functions and activities of agencies of the government is:

Accepted Answer

A)  criminal law. 
B)  administrative law. 
C)  Constitutional law. 
D)  substantive law. 
A)  criminal law. 
B)  administrative law. 
C)  Constitutional law. 
D)  substantive law.

Question 6

The terms "law" and "justice" are interchangeable.

Accepted Answer

A) True 
 B)False

Question 7

In reading the title of a case, Smith v. Jones :

Accepted Answer

A)  Smith is the plaintiff. 
B)  Jones is the plaintiff. 
C)  the determination of who is the plaintiff depends on the level of the court at which the case is being heard. 
D)  it is not always possible to determine from the case title which party is the plaintiff. 
A)  Smith is the plaintiff. 
B)  Jones is the plaintiff. 
C)  the determination of who is the plaintiff depends on the level of the court at which the case is being heard. 
D)  it is not always possible to determine from the case title which party is the plaintiff.

Question 8

Which of the following is NOT considered to be an equitable remedy?

Accepted Answer

A)  Specific performance. 
B)  Injunction. 
C)  Reformation. 
D)  Money damages. 
A)  Specific performance. 
B)  Injunction. 
C)  Reformation. 
D)  Money damages.

Question 9

The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme Court of the United States.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is correct with regard to treaties in the United States legal system?

Accepted Answer

A)  They have no legal effect. 
B)  Under the U.S. Constitution, they must be signed by the President and approved by the U.S. Senate. 
C)  They have no effect on business law. 
D)  They must be approved by the states before they have the force of law. 
A)  They have no legal effect. 
B)  Under the U.S. Constitution, they must be signed by the President and approved by the U.S. Senate. 
C)  They have no effect on business law. 
D)  They must be approved by the states before they have the force of law.

Question 11

Business law is primarily public law.

Accepted Answer

A) True 
 B)False

Question 12

The business law topics of contracts, agency, property, and trusts are governed primarily by the common law.

Accepted Answer

A) True 
 B)False

Question 13

What is the supreme law of the land in the United States?

Accepted Answer

A)  Federal statutes. 
B)  Treaties. 
C)  Case law as developed through the U.S. Supreme Court. 
D)  The U.S. Constitution. 
A)  Federal statutes. 
B)  Treaties. 
C)  Case law as developed through the U.S. Supreme Court. 
D)  The U.S. Constitution.

Question 14

Since the end of the nineteenth century, case law developed from court opinions has been the primary source of new law and ordered social change in the United States.

Accepted Answer

A) True 
 B)False

Question 15

The National Conference of Commissioners on Uniform State Laws:

Accepted Answer

A)  was created by President Bill Clinton to study and report on the Uniform Commercial Code. 
B)  is another name for the American Law Institute. 
C)  has drafted only five uniform laws: the UCC, the Uniform Partnership Act, the Uniform Limited Partnership Act, the Uniform Probate Code, and the Model Business Corporation Act. 
D)  has drafted over 250 uniform laws. 
A)  was created by President Bill Clinton to study and report on the Uniform Commercial Code. 
B)  is another name for the American Law Institute. 
C)  has drafted only five uniform laws: the UCC, the Uniform Partnership Act, the Uniform Limited Partnership Act, the Uniform Probate Code, and the Model Business Corporation Act. 
D)  has drafted over 250 uniform laws.

Question 16

What is stare decisis ? Discuss its role in the American legal system.

Accepted Answer

Stare decisis ("to stand by the decision

Question 17

A decision of an appeals court in Minnesota would be recorded in the:

Accepted Answer

A)  state's statutory code. 
B)  Minnesota administrative code. 
C)  North Western regional reporter. 
D)  Federal Supplement. 
A)  state's statutory code. 
B)  Minnesota administrative code. 
C)  North Western regional reporter. 
D)  Federal Supplement.

Question 18

Tim signs a contract to sell 500 wood pallets for a specified price to Schirmer Industries to be delivered by September 1. In this case:

Accepted Answer

A)  Tim has a duty to deliver the goods by September 1. 
B)  Schirmer Industries has a right to receive the goods by September 1. 
C)  The duties and rights of Tim and Schirmer Industries are correlative. 
D)  All of these. 
A)  Tim has a duty to deliver the goods by September 1. 
B)  Schirmer Industries has a right to receive the goods by September 1. 
C)  The duties and rights of Tim and Schirmer Industries are correlative. 
D)  All of these.

Exam 1: Introduction to Law

The burden of proof in a criminal case is preponderance of the evidence.

The law does not change; it is based on unchanging and universal truths.

Substantive law creates, defines, and regulates legal rights and duties.

In which of the following ways does a state constitution differ from the U.S. Constitution?

The branch of public law that deals with the various regulatory functions and activities of agencies of the government is:

The terms "law" and "justice" are interchangeable.

In reading the title of a case, Smith v. Jones :

Which of the following is NOT considered to be an equitable remedy?

The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme Court of the United States.

Which of the following is correct with regard to treaties in the United States legal system?

Business law is primarily public law.

The business law topics of contracts, agency, property, and trusts are governed primarily by the common law.

What is the supreme law of the land in the United States?

Since the end of the nineteenth century, case law developed from court opinions has been the primary source of new law and ordered social change in the United States.

The National Conference of Commissioners on Uniform State Laws:

What is stare decisis ? Discuss its role in the American legal system.

A decision of an appeals court in Minnesota would be recorded in the:

Tim signs a contract to sell 500 wood pallets for a specified price to Schirmer Industries to be delivered by September 1. In this case:

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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