Deck 1: Introduction to the Law

Question 1

Damages traditionally were awarded by courts of law only.

Answer 1

True

Question 2

Courts do not depart from precedents.

Answer 2

False

Question 3

A small business owner is likely to face legal questions when determining ways to reduce business taxes.

Answer 3

True

Question 4

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

Question 5

Being a small-business owner means that you will never have to take on the role of a human resources manager.

Question 6

Administrative agencies like the Food and Drug Administration make rules and regulations called administrative law.

Question 7

In most states, the courts no longer grant "equitable" remedies.

Question 8

Constitutional law includes only the U.S. Constitution.

Question 9

Business people do not need to understand court processes because if they are sued, the lawyers will know those rules.

Question 10

Common law is a term for the laws that are familiar to most of us.

Question 11

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

Question 12

Remedies in equity include injunctions.

Question 13

Small business owners are company leaders who do not have to deal with management issues and understand the detailed laws.

Question 14

Laws and government regulations affect almost all business activities.

Question 15

A state constitution is supreme within the state borders and will govern state issues even if it conflicts with the U.S. Constitution.

Question 16

Raising additional capital so that a business can grow is a strategy problem and not a legal issue.

Question 17

The term common law refers to law that is common throughout the world.

Question 18

Precedents are court decisions that guide future legal decisions to create stability and predictability.

Question 19

In a common law system, judges are obligated to follow the precedents established within their jurisdictions.

Question 20

Law consists of enforceable rules governing individuals and their society.

Question 21

One role of courts is to interpret what the rulemakers meant when a law was passed.

Question 22

Sources of law do not include

A) measures approved by local governing bodies.
B) legal scholars' research.
C) rules issued by state administrative agencies.
D) judges ' opinions.

Question 23

Laws enacted by Congress become statutes.

Question 24

One role of courts is to apply the law to a particular set of facts.

Question 25

Administrative law does not include local regulations.

Question 26

Sources of law include

A) instructions issued by private associations.
B) orders posted by employers.
C) rules issued by federal administrative agencies.
D) stories released by news agencies.

Question 27

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

Question 28

Much of American law is based on

A) the English legal system.
B) the Spanish legal system.
C) the civil law of the Greeks.
D) Ancient Chinese law.

Question 29

Statutory law includes the ordinances passed by cities.

Question 30

Civil law has to do with wrongs committed against the public as a whole.

Question 31

International law governs relations among nations.

Question 32

The basis of a civil law system is codified law.

Question 33

Statutory law does not include county ordinances.

Question 34

A constitution sets forth a government's general organization.

Question 35

International law includes

A) the uniform laws passed by the Commission of Uniform Laws .
B) the statements of foreign officials during diplomatic meetings .
C) U.S. court opinions .
D) customs and treaties .

Question 36

Administrative law consists of the rules, orders, and decisions of the president.

Question 37

The National Conference of Commissioners on Uniform State Laws writes laws that are automatically in effect in each state to ensure uniformity across the nation.

Question 38

Criminal law spells out the rights and duties that exist between individuals.

Question 39

A class action lawsuit is

A) a mock trial conducted as part of a class.
B) a judicial proceeding actively involving students.
C) a lawsuit in which a number of persons join together.
D) a moot court.

Question 40

Statutory law includes state statutes.

Question 41

If a provision in the California state constitution conflicts with a provision in the U.S. Constitution

A) neither provision applies.
B) both provisions apply equitably.
C) the state constitution is supreme within the state's borders.
D) the U.S. Constitution is supreme.

Question 42

In a suit against Klaus, Lucy obtains an injunction. This is

A) an order to do or not do a certain act.
B) a departure from precedent.
C) a payment of money.
D) the cancellation of a contract.

Question 43

As a judge, Bonnie applies common law rules. These rules develop from

A) decisions of the courts in legal disputes.
B) regulations issued by administrative agencies.
C) statutes enacted by Congress and the state legislatures.
D) uniform laws drafted by legal scholars.

Question 44

In the case of Retail Sales Corp. v. Trucking Delivery 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 45

Case law does not include interpretations of

A) regulations created by administrative agencies.
B) constitutional provisions.
C) statutes enacted by legislatures.
D) parties' subjective motives for engaging in litigation.

Question 46

James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. 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 47

Each court has a certain jurisdiction. Jurisdiction is best defined as

A) a doctrine that follows 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 48

There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. It would be appropriate for the judge to consider, and base an opinion in part on

A) the opinions of the friends and relatives of the judge.
B) the results of a poll of those in the courtroom.
C) public policy or social values.
D) how a television judge may have decided the issue .

Question 49

The Montana 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 Montana only.
D) the United States Supreme Court only.

Question 50

In Benny v. City Car Dealership , a state supreme court held that a minor was allowed to cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Auto 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 Benny case.
C) order the minor to cancel the contract.
D) require the minor to fulfill the contract.

Question 51

The Uniform Commercial Code provides a set of rules governing

A) commercial transactions.
B) judicial proceedings.
C) legislative procedures.
D) executive edicts.

Question 52

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 53

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 54

The means to enforce a right or compensate for a wrong is

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

Question 55

In an action against Gina, Harry obtains a remedy. This is

A) an administrative agency's enforcement of its rule.
B) a principle of the law derived from earlier court cases.
C) a statute enacted by a state legislature or Congress.
D) the legal means to recover a right or compensate for a wrong.

Question 56

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 57

In a suit against Guy, Holly obtains an award of damages. This is

A) an order to do or not do a certain act.
B) the right to harm another.
C) a payment of money for a harm suffered.
D) the cancellation of a contract.

Question 58

If Myra and Nick cannot resolve their dispute amicably, then it may become necessary to bring a lawsuit . This is

A) an agreement by the parties to not do a certain act.
B) a criminal prosecution.
C) a judicial proceeding for the resolution of a dispute.
D) a type of regulation applied to a business.

Question 59

U.S. courts today can grant as remedies

A) damages but not equitable remedies.
B) equitable remedies but not damages.
C) either damages or equitable remedies.
D) neither damages nor equitable remedies.

Question 60

Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp . Applying the relevant rule of law to the facts of the case requires Kevin to find previously decided cases that, in relation to the case under consideration, are

A) as different as possible.
B) as similar as possible.
C) at odds.
D) exactly identical.

Question 61

The classification of law that concerns the rights and duties that exist between individuals is

A) criminal law.
B) civil law.
C) constitutional law.
D) federal law.

Question 62

Criminal acts are prohibited by

A) local and state statutes only.
B) state statues only.
C) federal statutes only.
D) local, state, or federal statutes.

Question 63

National law is

A) law that pertains to a particular nation.
B) law that has an extraterritorial effect.
C) all law that is applied within a nation's courts, including international law and the law of another country.
D) federal law, as opposed to state law.

Question 64

Uniform laws

A) have eliminated differences among the state laws on certain topics .
B) have lessened differences among the state laws on certain topics .
C) have eliminated state laws on certain topics .
D) have ensured federal laws take priority over state laws.

Question 65

The Uniform Commercial Code has been adopted, at least in part, in

A) all states.
B) forty-five states.
C) thirty-five states.
D) no state.

Question 66

International law must accommodate the need of each nation to be the final authority over

A) other nations.
B) international markets.
C) its own affairs.
D) all individuals.

Question 67

The Consumer Product Safety Commission is a government agency that issues rules, orders, and decisions. The Ohio state legislature enacts statutes. The Wayne County Board and the Midford City Council enact ordinances. Administrative law includes

A) all laws that affect business operations.
B) the rules, orders, and decisions of the Consumer Product Safety Commission.
C) the Ohio state statutes.
D) the Midford City ordinances.

Question 68

SoYeon is fined by the Environmental Protection Agency for violation of an agency regulation. SoYeon argues that the regulation conflicts with the U.S. Constitution. If there is a conflict, discuss whether the regulation is valid and why or why not. Also discuss what is the impact of your analysis on this situation.

Question 69

Discuss the doctrine known as stare decisis .  What does this doctrine have to do with the American legal system?

Question 70

To benefit from international trade, individual nations agree to be governed by

A) international law.
B) the Uniform Commercial Code.
C) civil law systems.
D) the laws of other nations.

Question 71

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These are part of

A) administrative law.
B) case law.
C) constitutional law.
D) statutory law.

Question 72

Criminal law has to do with

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 the public as a whole.