Deck 1: Law and Legal Reasoning

Question 1

Federal agency regulations do not take precedence over conflicting state regulations.

Answer 1

False

Question 2

Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state.

Answer 2

True

Question 3

In the United States, the law consists of written laws and court decisions.

Answer 3

True

Question 4

A secondary source of law establishes the law on a particular issue.

Question 5

A statute is a secondary source of law.

Question 6

Administrative law plays a relatively insignificant role in the regulatory environment of business.

Question 7

A local ordinance commonly has to do with a matter concerning only a local governing unit.

Question 8

Courts often refer to secondary sources of law for guidance in interpreting and applying a primary source of law.

Question 9

Because laws may change, the ability to analyze and evaluate the legal ramifications of situations as they arise is not a lasting skill.

Question 10

Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders.

Question 11

Independent regulatory agencies are not subject to the authority of the president.

Question 12

A federal statute applies only to those states that agree to apply it within their borders.

Question 13

Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific area of the law.

Question 14

The legal rules that control a business's actions reflect past and current thinking about how similar businesses should and should not act.

Question 15

Congress or a state legislature establishes an administrative agency to perform a specific function.

Question 16

Rules issued by administrative agencies affect almost every aspect of a business's operations.

Question 17

The study of business law does not involve an ethical dimension.

Question 18

A citation is a regulation enacted by a city or county legislative body.

Question 19

A constitution is a primary source of law.

Question 20

The U.S. Constitution is the basis of all law in the United States.

Question 21

Primary sources of law include

A) legal encyclopedias.
B) official comments to statutes.
C) case law.
D) legal treatises.

Question 22

Courts will not grant an equitable remedy unless the remedy at law is adequate.

Question 23

A constitution sets forth a government's

A) limits, but not powers.
B) limits and powers.
C) neither limits nor powers.
D) powers, but not limits.

Question 24

With respect to the study of jurisprudence, there is only one school of legal thought.

Question 25

A case of first impression is any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

Question 26

In a criminal case, the object is to obtain a remedy.

Question 27

Rescission is the cancellation of a contractual obligation.

Question 28

A court should overturn its precedents unless there is a compelling reason not to.

Question 29

Secondary sources of law include

A) state constitutions.
B) legal scholars' research.
C) laws passed by local governing bodies.
D) regulations created by administrative agencies.

Question 30

Controlling precedents are binding authorities.

Question 31

Because courts of law and equity have merged, the principles of equity are no longer applied.

Question 32

There is one right answer to every legal question.

Question 33

Power, Inc., is a corporation engaged in the business of producing, refining, and distributing energy resources. With respect to the firm's managers, legal concepts can be useful for Power's

A) accounting and finance manager.
B) human resources manager.
C) marketing manager.
D) all of the choices.

Question 34

The common law is a body of law developed from judicial decisions.

Question 35

Often, more than one rule of law will be applicable to a case.

Question 36

The basis of a civil law system is a written code of laws.

Question 37

Civil law has to do with wrongs committed against society for which society demands redress.

Question 38

The basis of all law in the United States is

A) the U.S. Constitution.
B) laws passed by Congress.
C) case law.
D) regulations created by administrative agencies.

Question 39

The doctrines and principles announced in court decisions govern all areas not covered by statutory or administrative law.

Question 40

International law derives from a variety of sources, including the laws of individual nations.

Question 41

Regulations issued by a state or local agency may affect all of the following aspects of a business's operations except

A) capital structure and financing.
B) product manufacturing and marketing.
C) relations with employees and unions.
D) compliance with conflicting federal agency regulations.

Question 42

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is

A) the case of first impression.
B) the persuasive authority.
C) the plaintiff.
D) the defendant.

Question 43

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution

A) neither provision will be enforced.
B) both provisions will be enforced.
C) the state provision will be enforced only within that state's borders.
D) the state provision will not be enforced.

Question 44

The Florida legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

A) no one.
B) the federal government only.
C) the state of Florida only.
D) the United States Supreme Court only.

Question 45

In Peyton v. Quality Motors, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Rikki v. Street Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

A) allow the minor to cancel the contract.
B) disregard the Peyton case.
C) order the minor to cancel the contract.
D) require the minor to fulfill the contract.

Question 46

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of

A) no government official or entity.
B) the president.
C) state legislatures.
D) the U.S. Attorney General

Question 47

The means to enforce a right or compensate for the violation of a right is

A) a cornerstone.
B) a remedy.
C) jurisdiction.
D) stare decisis.

Question 48

A precedent is

A) the chief executive officer of the United States.
B) a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles.
C) a lawsuit in which a number of persons join together.
D) the fundamental procedure by which the government exercises its authority.

Question 49

Once a court has applied a principle to a certain set of facts, that principle must be applied in future cases involving

A) different facts.
B) similar facts.
C) any facts.
D) no particular facts.

Question 50

The Uniform Commercial Code provides a set of rules governing

A) commercial transactions.
B) state legislative adoptions.
C) congressional procedures.
D) administrative processes.

Question 51

Stare decisis is best defined as

A) a doctrine under which judges follow established precedents.
B) the authority to decide a specific dispute.
C) a judicial proceeding to redress a wrong.
D) a situation giving a person a right to initiate a judicial proceeding.

Question 52

Common law rules develop from

A) principles underlying judges' decisions in actual controversies.
B) regulations issued by administrative agencies.
C) statutes enacted by Congress and the state legislatures.
D) uniform laws drafted by legal scholars.

Question 53

In the case of Sales Corp. v. Transport Co., the court may rule contrary to a precedent if the court decides that the precedent

A) is incorrect or inapplicable.
B) is not in line with the judge's personal values.
C) would lead to unintended consequences.
D) would not bring about the result the judge prefers.

Question 54

Each court has a jurisdiction. Jurisdiction is best defined as

A) a doctrine that follows established precedents.
B) the geographic area in which a court has the power to apply the law.
C) a judicial proceeding to redress a wrong.
D) a situation giving a person a right to initiate a judicial proceeding.

Question 55

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as

A) statutory law.
B) the basis of all law in the United States.
C) the supreme law of the land.
D) uniform law.

Question 56

The Uniform Commercial Code facilitates commerce

A) among the states.
B) between the states and the federal government.
C) in countries that were once colonies of Great Britain.
D) in international markets.

Question 57

In deciding a case of first impression, appropriate sources for a court to consider include all of the following except

A) legal authorities that are not binding on the court.
B) issues of fairness.
C) government policy based on widely held social values.
D) a poll of those present in the courtroom at the time of the decision.

Question 58

Federico and Gwen are involved in a court proceeding to enforce a right. This is

A) an action.
B) stare decisis.
C) an injunction.
D) a remedy.

Question 59

Ordering a party to perform what was promised is

A) an equitable remedy.
B) an unenforceable demand.
C) an action.
D) beyond the court's authority.

Question 60

Administrative law includes

A) all laws that affect business operations.
B) the rules, orders, and decisions of a government agency.
C) model laws developed by the National Conference of Commissioners on Uniform State Laws.
D) laws enacted by a legislative body.

Question 61

In a civil case, the object is to

A) resolve a dispute to the satisfaction of all concerned parties.
B) take coercive action against a violating party.
C) punish a wrongdoer to deter others from similar actions.
D) obtain a remedy to compensate the injured party.

Question 62

An injunction is

A) an order to do or to refrain from doing a certain act.
B) a departure from precedent.
C) a payment of money.
D) the cancellation of a contract.

Question 63

Believing that a higher, or universal, law exists that applies to all human beings, and that each written law should reflect the principles inherent in this higher law, is

A) the historical school of legal thought.
B) legal positivism.
C) the natural law tradition.
D) legal realism.

Question 64

The National Rights Council, a nonprofit organization, files a suit against the U.S. Department of Justice (DOJ), claiming that a certain federal statute the DOJ is empowered to enforce conflicts with the U.S. Constitution and with a state constitution. In each situation, which source of law has priority?

Question 65

What is the doctrine of stare decisis? In the American legal system, how is it applied, and what is its effect?

Question 66

Criminal statutes proscribe

A) the prosecution of private individuals by other private individuals.
B) the prosecution of public officials by private individuals.
C) the relief available when a person's rights are violated.
D) wrongs committed against society for which society demands redress.

Question 67

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 157 A.D.3d 486, 69 N.Y.S.3d 26. "157" is

A) the number of the volume in the official reports of the court's decisions.
B) the number of the volume in an unofficial report of the court's decisions.
C) a page number in the referenced volume.
D) the number of the case in its chronological sequence.

Question 68

Cyberlaw is

A) a classification of law.
B) a new type of law.
C) law that relates to the online environment.
D) all of the choices.

Question 69

At one time, a court of law could grant as a remedy only

A) monetary damages.
B) an order to perform a contract as promised.
C) a judicial proceeding for the resolution of a dispute.
D) an injunction.

Question 70

An award of damages is

A) an order to do or to refrain from doing a certain act.
B) the right to harm another.
C) a payment of money or property.
D) the cancellation of a contract.

Question 71

The United States Supreme Court issues an opinion that can be found at __ U.S. __, 138 S.Ct. 617, 199 L.Ed.2d 501. "617" is

A) the number of the volume in the official reports of the Court's decisions.
B) the number of the volume in an unofficial report of the Court's decisions.
C) a page number in the referenced volume.
D) the number of the case in its chronological sequence.

Question 72

The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is

A) criminal law.
B) civil law.
C) natural law.
D) legal positivism.