Deck 1: An Introduction to Dynamic Business Law

Question 1

If a computer store dumps waste behind its building in violation of local,state,or federal environmental regulations,the resulting dispute focuses on _____ law.

A) Public
B) Preferential
C) Consensual
D) Private
E) Black letter

Answer 1

A
Explanation: Public law controls disputes between private individuals or between groups and their government.

Question 2

Laws are enforced by which of the following?

A) State legislatures
B) Federal Congress
C) Community consensus
D) Courts
E) The executive branch

Answer 2

D
Explanation: Law is enforceable in the courts the community maintains.

Question 3

The term "natural law" is another word for "legal positivism."

Answer 3

False
Explanation: The term "natural law" describes certain ethical laws and principles believed to be morally right and "above" the laws devised by humans whereas the term "legal positivism" focuses on obedience to duly authorized law.

Question 4

Public law controls disputes between private individuals or between groups and their government.

Question 5

Constitutions and statutes are complete in the sense of covering the detailed rules that affect government and business relations.

Question 6

Cyberlaw is based primarily on existing laws.

Question 7

Joan comes to Mike's law office to ask him about the law in regard to dogs running at large in her neighborhood.Mike tells Joan that he will research the issue and get back with her.Where should Mike look first in order to locate applicable law?

A) Restatements
B) State statutes
C) Case law
D) The state constitution
E) Executive orders

Question 8

The decision of a state supreme court is binding on a lower state court located in the state.

Question 9

Which of the following would be relevant areas of business law to a human resource manager?

A) Contracts, employment and labor law, and employment discrimination
B) Contracts only
C) Contracts and labor law, but not employment discrimination
D) Employment and labor law, but not contracts
E) Human resource managers hold administrative positions and are not concerned with areas of business law

Question 10

Which of the following refers to the ability to understand the structure of what someone is saying and then apply a set of criteria to evaluate its worth?

A) Absolute skills
B) Critical-thinking skills
C) Cost-benefit skills
D) Reviewability skills
E) Traditional lawyer skills

Question 11

The term "stare decisis" means "reversing the decision."

Question 12

A majority of citizens in a democracy can agree to permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community.These rules are what we refer to as the ______.

A) Electoral college
B) Community standard
C) Democratic validation
D) Stare decisis
E) Law

Question 13

Case law interpretations are law unless they are revoked later by new statutory law.

Question 14

Which type of law delineates the rights and responsibilities involved in relationships between persons and their government?

A) Criminal
B) Procedural
C) Civil
D) Natural
E) Positive

Question 15

Because of the law,we rely on the goodwill and dependability of one another.

Question 16

Assume a business person who owns a computer equipment store is delinquent in paying rent to the landlord.The resulting dispute focuses on _____ law.

A) Public
B) Preferential
C) Consensual
D) Private
E) Black letter

Question 17

Presidents claim the power to issue executive orders on the basis of their Article II,Section 1,constitutional power to "take care that the laws be faithfully executed."

Question 18

Another name for case law is common law.

Question 19

Business law consists of the enforceable rules of conduct that govern commercial relationships.

Question 20

Which type of law involves incidents in which someone commits an act against the public as a unit?

A) Criminal
B) Procedural
C) Civil
D) Natural
E) Positive

Question 21

The term ______ involves the use of past decisions to guide future decisions.

A) Commonality
B) Precedent
C) Restatement
D) Uniformity
E) Modeling

Question 22

Legislative acts passed by the U.S.Congress can be found in the ______.

A) United States Code
B) State codes
C) Uniform Register
D) State Reporter
E) State Reference Manual

Question 23

The law in Molly's state regulating cell phone usage would be classified as which of the following?

A) A statute
B) A type of common law
C) An executive order
D) A uniform law
E) A negative law

Question 24

When the organization in charge of proposing uniform laws proposes a statute,which of the following is true?

A) All states must adopt the uniform statute within one year.
B) All states must adopt the uniform statute within six months.
C) The uniform statute automatically goes into effect without any action by state legislatures.
D) A state legislature is not required to adopt the uniform statute; but if the state legislature decides to go forward with adoption, all portions of the statute must be adopted.
E) A state legislature can ignore the proposed uniform law, adopt it in full, or adopt it in part.

Question 25

The _______ is the supreme law of the land.

A) U.S. Constitution
B) Declaration of Independence
C) U.S. Code
D) Model Law
E) Uniform Code

Question 26

The prosecution against Susan for slapping Bob involves which of the following?

A) Public law and criminal law
B) Private law and criminal law
C) Private law and civil law
D) Public law and civil law
E) Civil law and criminal law

Question 27

The officer's reference to the need for Molly to obey duly authorized law is a reference to which of the following?

A) The historical school of law
B) Legal positivism
C) Natural law
D) Legal realism
E) Stare decisis

Question 28

The rules and regulations put forth by legislatures are referred to as _______ law.

A) Administrative
B) Statutory
C) Uniform
D) Proper
E) Secondary

Question 29

Which of the following is true regarding Molly's predicament?

A) Molly can be given a ticket and prosecuted criminally by government officials, but she cannot be sued for a civil violation.
B) Molly can be sued for a civil action and must pay for Sam's car, but she cannot be prosecuted for a criminal violation.
C) Molly can be sued in a civil action by Sam, and she can also be prosecuted by the government for a criminal violation.
D) So long as Molly has insurance and can pay for Sam's vehicle damage, she cannot be prosecuted in a civil or criminal action.
E) Sam can prosecute Molly in a criminal action, but he cannot sue her in a civil action.

Question 30

Molly's reference to precedent involves which of the following?

A) Statutory law that governs civil actions unless revoked by new common law
B) Common law that is law unless revoked by new statutory law
C) Administrative law that is law unless revoked by new common law
D) Executive decisions that are law unless revoked by new administrative law
E) Administrative law that is law unless revoked by new executive decisions

Question 31

The ______ is a body of law significant to business activities including sales,banking,and warranty.

A) Federal Business Code
B) Model Business Code
C) Uniform Transactional Model
D) Uniform Commercial Code
E) Marketing Transaction Code

Question 32

Assume a restaurant chain is forced to pay damages for breach of contract to a supplier.What type of law is involved?

A) Public law only
B) Private law only
C) Civil law only
D) Public, private, and civil law
E) Private law and civil law

Question 33

Which type of law is involved in the above situation considering Molly's interaction with both the officer and Sam?

A) Public law but not private law
B) Private law but not public law
C) Civil law and private law but not public law
D) Criminal law and public law but not private law
E) Public law, private law, civil law, and criminal law

Question 34

Legislative acts passed by state legislatures can be found in the ______.

A) U.S. Code
B) State codes
C) Uniform Register
D) State Reporter
E) State Reference Manual

Question 35

The group that urges states to enact model laws to provide greater uniformity of law is called the ______.

A) Model Law on Uniform State Laws Organization
B) Federal Uniform Law Commission
C) National Conference of Commissioners on Uniform State Laws
D) Model and Uniform Law Consortium
E) Uniform Statutory Enforcement Commission

Question 36

The action Bob has against Betty for defamation involves which of the following?

A) Criminal law and public law
B) Civil law and public law
C) Insider law and public law
D) Civil law and private law
E) Administrative law and public law

Question 37

Case law can be revoked by ______.

A) New statutes
B) Precedent
C) Stare decisis
D) Critical law
E) Case law cannot be revoked

Question 38

Which of the following is true regarding Susan's claim against Bob for damages involving the book and her claim that Bob maliciously had her arrested?

A) The claim for damages involving the book and also the claim that Bob maliciously had her arrested are civil claims involving private law.
B) The claim for damages involving the book is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a civil claim involving public law.
C) The claim for damages involving the book is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a criminal claim involving public law.
D) The claim for damages involving the book is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a criminal claim involving private law.
E) The claim for damages involving the book and also the claim that Bob maliciously had her arrested are criminal claims involving private law.

Question 39

When courts rely on precedent,they are obeying ______.

A) Common analysis
B) Res judicata
C) Stare decisis
D) In rem process
E) Federal law

Question 40

Assume the Securities and Exchange Commission prosecutes someone for insider trading.This prosecution is an example of _____ law.

A) Criminal
B) Procedural
C) Civil and natural
D) Natural
E) Positive

Question 41

The type of law involved in comparing laws between the U.S.and Zeno is ____.

A) Comparative law
B) Contributory law
C) Comprehensive law
D) Complete law
E) Delineated law

Question 42

Alice's plan to seek change through following what others have done in the past,petitioning city council,is rooted in which of the following?

A) Legal positivism
B) The historical school
C) Legal realism
D) Natural law
E) Cost-benefit analysis

Question 43

Which of the following is reported in the Federal Reporter?

A) Statutes
B) Executive orders
C) Common law
D) Administrative laws
E) Local ordinances

Question 44

Which of the following contains summaries of common law rules in a particular area of the law?

A) U.S. Code
B) State Administrative Codes
C) Executive Proclamations
D) Case Reporters
E) Restatements of the Law

Question 45

Which of the following cases overturned prior precedent?

A) Brown v. Board of Education
B) Wygant v. Jackson Board of Education
C) Planned parenthood of Southeastern Pennsylvania v. Casey
D) Plessy v. Ferguson
E) Precedent cannot be overturned

Question 46

Which of the following is an executive agency?

A) The Federal Deposit Insurance Corporation
B) The Federal Trade Commission
C) The Securities and Exchange Commission
D) The Federal Communications Commission
E) The Nuclear Regulatory Commission

Question 47

Which of the following is true regarding Zach's defense that he thought he knew the law of Zeno because he had studied it some years before and that the laws under which he was arrested were new? (Assume the law of Zeno is the same as the U.S.on this issue.)

A) Rules change and Zach had a duty to stay current. It is not a defense that he studied the law at one time and that the laws at issue were new.
B) Zach is entitled to rely as a defense on the fact that he had studied the law at one time. Officials in Zeno were charged with publicizing any changes.
C) If Zach can prove that the laws at issue were passed within the last twelve months before he was arrested, he will get out of jail because there is a twelve month grace period for new laws.
D) If Zach can prove that the laws at issue were passed within the last six months before he was arrested, he will get out of jail because there is a six month grace period for new laws.
E) Zach cannot be prosecuted so long as he was not aware he was violating the law. He did not have the requisite intent to perform a criminal act regardless of whether the laws were new.

Question 48

Which of the following is true regarding Zach's legal problems in Zeno?

A) Zach can rely upon the federal statutory laws of the U.S. as a defense but not the U.S. Constitution.
B) Zach is entitled to all U.S. Constitutional rights in Zeno because he is a U.S. citizen, but he cannot rely on statutory law.
C) Zach can rely on U.S. laws as a defense only if he obtains an opinion from the office of the U.S. attorney that his operations in the U.S. have strictly complied with the law.
D) Zach must obey the laws of Zeno when operating a business in Zeno and cannot rely upon U.S. laws as a defense.
E) Zach can rely upon the federal statutory laws of the U.S. as a defense. Additionally, Zach is entitled to all U.S. Constitutional rights in Zeno because he is a U.S. citizen.

Question 49

Which of the following is an independent agency?

A) The Federal Deposit Insurance Corporation
B) The Consumer Product Safety Commission
C) The General Services Administration
D) The Small Business Administration
E) The Office of Personnel Management

Question 50

Which approach to jurisprudence is based on choosing alternatives that maximize benefits and minimize costs,and is tied to the pursuit of efficiency?

A) Cost-benefit analysis
B) Legal realism
C) Historical school
D) Legal positivism
E) Executive positivism

Question 51

Alice's plan to obey all laws and regulations even if she does not agree with them is rooted in which of the following?

A) Legal positivism
B) The historical school
C) Legal realism
D) Natural law
E) Cost-benefit analysis

Question 52

Alice's idea that dogs have basic rights,and her plan to exceed laws involving cleanliness and health standards is rooted in which of the following?

A) Legal positivism
B) The historical school
C) Legal realism
D) Natural law
E) Cost-benefit analysis

Question 53

Which of the following is based on the idea that,when ruling on a case,judges consider more than just the law; they also weigh factors such as social and economic conditions?

A) Cost-benefit analysis
B) Legal realism
C) Historical school
D) Legal positivism
E) Executive positivism

Question 54

Which of the following is reported in the Code of Federal Regulations?

A) Statutes
B) Executive orders
C) Common law
D) Administrative law
E) Congressional orders

Question 55

Which of the following is true regarding administrative agencies?

A) There are state administrative agencies, but no federal administrative agencies.
B) There are federal administrative agencies, but no state administrative agencies.
C) There are state and federal administrative agencies, but no local administrative agencies.
D) Administrative agencies exist only at the local county level.
E) Administrative agencies exist at the federal, state, and local level.

Question 56

Assume a judge writes that she is deciding to enforce a law in question but that her decision does not mean that she sees the law as the morally correct rule.The judge would have leanings in the direction of ______.

A) Legal positivism
B) Natural law
C) Legal realism
D) Conscience reaction
E) Concluding law

Question 57

In which school of jurisprudence is the concept of stare decisis rooted?

A) The historical school
B) Legal realism
C) The cost-benefit analysis school
D) Positivism
E) Cultural reenactment

Question 58

Which of the following is true regarding treaties at the federal level?

A) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate.
B) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the House of Representatives.
C) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate and also by two-thirds of the House of Representatives.
D) A treaty is generally negotiated by the executive branch and no approval by the Senate or House of Representatives is needed.
E) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate and also by two-thirds of the state legislatures.

Question 59

Which of the following is reported in the United States Code?

A) Statutes
B) Executive orders
C) Common law
D) Administrative law
E) Local ordinances

Question 60

The concept of _____ suggests that individuals should have the freedom to disobey a law enacted by people if their conscience goes against the law and they believe the law is wrong.

A) Legal positivism
B) Natural law
C) Legal Realism
D) Conscience reaction
E) Comparative law

Question 61

Define the meaning of the term "stare decisis," and discuss how it is applied.

Question 62

Candy wants to start an Internet business doing business domestically as well as internationally.She is told by the Chinese government that certain items on her site are objectionable and illegal,and that if she wants to do business in China,she must remove the objectionable material.Which of the following is true?

A) Candy is within her rights and should stand her ground. She is a U.S. citizen, and so long as she obeys U.S. laws, she can do business in China.
B) Candy is within her rights only if she petitioned her state senator and obtained his or her permission to proceed.
C) If Candy wants to do business in China, she must abide by Chinese law.
D) By international law, there is a set fee of $10,000 that Candy can pay if she wants to obey only U.S. law. If she pays that amount, she can continue in China without any modification.
E) By international law, there is a set fee of $5,000 that Candy can pay if she wants to obey only U.S. law. If she pays that amount, she can continue in China without any modification.

Question 63

List the purposes of the law and discuss why these purposes are necessary for an ordered society.

Question 64

List and discuss the five factors,discussed in the text,suggested as a structure for critical thinking in reviewing case law.

Question 65

Explain the function of administrative agencies and why they are needed.

Question 66

Discuss two ways referenced in the text by which a treaty between a foreign country and the U.S.is similar to a contract.

Question 67

Judge Sally Justice,who is newly appointed to the bench,is presented with a question of law involving a cat named Chester who scratched a neighbor's antique jalopy.The neighbor,George,demands justice in the form of full payment from Chester's owner,Sue,and also requests that Chester be shipped to the local animal shelter.Sue says that she should not have to pay anything because Chester had never scratched before,that Chester should be allowed to stay in the neighborhood,and that she should be reimbursed for her legal fees by George who is a grump and never should have brought the lawsuit.Judge Justice is perplexed and wants to make a good decision since she is new to the bench.Describe how the judge should go about reaching a decision.Discuss in your answer the impact of cases from other jurisdictions assuming there is no relevant law in Judge Justice's jurisdiction.Also,assuming there is relevant law in Judge Justice's jurisdiction,discuss the applicable legal standard when case law conflicts with a later passed state statute.