Deck 1: An Introduction to Dynamic Business Law

Question 1

One of the purposes of the law is to encourage social justice

Answer 1

True

Question 2

Presidents base the power to issue executive orders on Article II,Section 1 of the Constitution,which establishes the constitutional power of the president to "take care that the laws be faithfully executed."

Answer 2

True

Question 3

Which areas of business law would a human resources manager find most relevant?

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

Answer 3

B
Explanation: A)Relevant areas of business law applicable to human resource management involve agency law,contracts,employment and labor law,and employment discrimination.
B)Relevant areas of business law applicable to human resource management involve agency law,contracts,employment and labor law,and employment discrimination.
C)Relevant areas of business law applicable to human resource management involve agency law,contracts,employment and labor law,and employment discrimination.
D)Relevant areas of business law applicable to human resource management involve agency law,contracts,employment and labor law,and employment discrimination.
E)Relevant areas of business law applicable to human resource management involve agency law,contracts,employment and labor law,and employment discrimination.

Question 4

"Legal positivism" is also known as "natural law."

Question 5

A decision made in a state supreme court is binding on all lower courts throughout the United States.

Question 6

When courts overturn precedent and create new precedent,they are obeying the principle of stare decisis.

Question 7

Criminal law lays out the rights and responsibilities implied in relationships between persons.

Question 8

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

Question 9

Statutory law is the supreme law of the land and the foundation for all laws in the United States.

Question 10

Cyberlaw is based primarily on existing laws.

Question 11

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

A)Restatements
B)Executive orders
C)Uniform laws
D)Case law
E)State statutes

Question 12

Constitutions and statutes always cover all of the detailed rules that affect business and government relations.

Question 13

Public law controls both disputes between private individuals and their government and disputes involving only private individuals.

Question 14

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

Question 15

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

Question 16

Another name for case law is common law.

Question 17

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

Question 18

The president issued an executive order requiring that every citizen purchase a head of broccoli to eat once a week in order to maintain health.The executive order was challenged and the case went to the U.S.Supreme Court.The Supreme Court declared the executive order could not be enforced because it was an abuse of the president's power.What is the primary source of law the Supreme Court would interpret to determine if the executive order was enforceable?

A)Case law
B)State statutes
C)The Constitution
D)Executive orders
E)Uniform laws

Question 19

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

Question 20

When you read a case,you should:

A)Find the facts,look for the issue,critically think about the issue,and determine if your reasoning matches the reasoning of the judge.
B)Identify the facts,apply critical thinking skills to determine the truths of the facts,and identify how the judge interpreted the facts in the case.
C)Identify the legal issues,apply the facts to the legal issues,and evaluate the reasoning of the judge in light of the facts of the case.
D)Find the facts,look for the issue,identify the judge's reason and conclusion,locate the rules of law that govern the reasoning,and apply critical thinking to the judge's reasoning.
E)Consider the truth of the facts of the case,identify legal questions raised,review the decision of the judge,and determine if the judge's decision was justified by the rule of law.

Question 21

A new source of healthy spring water is discovered in a local community,but it only produces 1,000 gallons of water per day.The water source is located in a public park,and locals come to fill up their water jugs for free.Unfortunately,fist fights begin breaking out at the water source every day over who can fill up their water jugs and weaker residents never receive any water.The city council passes a new regulation,declaring that residents must apply for permits to ensure water is distributed fairly.The purposes of the new law include:

A)Providing order,encouraging social justice,serving as an alternative to fighting
B)Ensuring citizens rely on the goodwill and dependability of one another
C)Providing the framework in which community leaders innovate and manage
D)Specifying the boundaries of legal business behavior
E)Creating enforceable rules of law which govern commercial relationships

Question 22

Roger,a store owner,is delinquent in paying rent to his landlord,Emily.The resulting dispute would focus on which type of law?

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

Question 23

Which statement is true regarding Hannah's predicament?

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

Question 24

Which of the following would be involved in the prosecution of Ashley for slapping Bob?

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

Question 25

[Inattentive Driving] Hannah,a first year law student,drove off campus to register for an upcoming conference.Although lawmakers in her state passed a law prohibiting the use of a cell phone while operating a motor vehicle,Hannah was doing just that.When she looked down to pick up a can of soda she dropped,Hannah crashed into the side of Dev's new convertible.A police officer down the street came over to investigate.Hannah explained to him that it was difficult to hold the cell phone in one hand,the soda in the other,and also drive.The officer was not impressed.Dev approached,furious about the significant dent in his new car.Hannah says she has insurance and that she will cover the costs of the whole incident.Dev says that is insufficient;but Hannah says that under case precedent,that is his only remedy.The officer tells Hannah that she must obey duly authorized law,and proceeds to write several citations to her.
What type or types of law are involved in the above situation,considering Hannah's interaction with both the officer and Dev?

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

Question 26

Which of the following entities enforces laws?

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

Question 27

The law in Hannah's state regulating using cell phones would be classified as which of the following?

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

Question 28

[The Stolen Laptop] Ricardo told Ashley that Bob stole her laptop computer from her car.The next day,Ashley confronted Bob and slapped him for stealing her laptop.Bob had Ashley arrested for slapping him,and the local district attorney prepared to prosecute Ashley on behalf of the state.Ashley sued Bob for damages to the laptop and for maliciously having her arrested.Bob also sued Ricardo for defamation,claiming Ricardo lied to Ashley about Bob stealing the laptop
Which statements are true regarding Ashley's claim against Bob for damages involving the laptop and her claim that Bob maliciously had her arrested?

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

Question 29

One purpose of the law is to:

A)Require businesses and individuals to rely on the dependability of others
B)Preserve existing social order and prevent change
C)Allow individuals to impose rules on others
D)Facilitate a sense that change is possible after a rational consideration of options
E)Enable businesses and individuals to rely on the good will of one another

Question 30

An accountant is starting a new job and wants to make sure he does not put himself or his company at legal risk.He talks to his company's law department about which areas of law he should brush up on.The company lawyer tells him relevant areas of the law he should be aware of include:

A)Product liability,comparative law,agency law
B)Liability of accountants,international law,employment discrimination
C)White collar crime,liability of accountants,contracts
D)Antitrust law,liability of accountants,insurance law
E)Antitrust law,international law,consumer law

Question 31

If someone has failed to live up to a promise made to a business organization,the business organization should:

A)Seek a legal remedy within the courts
B)Ask the lawmakers to impose a punishment upon the violation
C)Ask lawmakers and the executive branch to impose consequences
D)Publicly shame the violator for breaking his promise
E)Turn to the executive branch to impose legal penalties

Question 32

The law that regulates situations in which someone commits an act against the public as a whole is which type of law?

A)Criminal
B)Positive
C)Civil
D)Natural
E)Procedur al

Question 33

The law that lays out the rights and responsibilities implied in relationships between persons and their government is which type of law?

A)Civil
B)Positive
C)Criminal
D)Natural
E)Procedur al

Question 34

A national restaurant chain must pay damages for breach of contract to a cooking oil supplier.What type of law is involved?

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

Question 35

If an office supply store dumps its waste behind its building in violation of local,state,or federal environmental regulations,the resulting dispute would focus on which type of law?

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

Question 36

When the Securities and Exchange Commission prosecutes someone for insider trading,the prosecution is an example of which type of law?

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

Question 37

If a victim of assault does not want the abuser arrested but the prosecutor brings charges anyway since the assault violated criminal laws,the reason for the prosecutor's actions is:

A)A violation of criminal laws is an act against the public as a whole.
B)The prosecutor's responsibility is to regulate disputes between private individuals under criminal law
C)Natural law has been violated and the prosecutor has a duty to act
D)The abuser has committed a civil law violation in addition to a criminal one
E)Private law has been violated and the prosecutor has a duty to act.

Question 38

Bob's action against Ricardo for defamation involves which types of law?

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

Question 39

After a court action brought by Mary,Mary was awarded $1,000 in damages from Stanley because she proved by a preponderance of the evidence that Stanley damaged her bicycle.What type of law applied to Mary's case that resulted in her being awarded $1,000?

A)Positive
B)Civil
C)Natural
D)Criminal
E)Procedur al

Question 40

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

Question 41

The contains)legislative acts passed by state legislatures.

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

Question 42

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

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

Question 43

When the officer declared that Hannah must obey duly authorized law,his statement was a reference to which of the following?

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

Question 44

When courts rely on precedent,they are obeying _.

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

Question 45

The supreme law of the land is the ________.

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

Question 46

When a state supreme court issues a binding ruling on a matter of law,who must follow the precedent set by the state supreme court?

A)Lower courts within the same state
B)The U.S.Congress
C)State legislatures
D)The United States Supreme Court
E)All lower courts in the United States

Question 47

Which of the following is true regarding administrative agencies?

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

Question 48

can revoke case law.

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

Question 49

________ is the type of law involved in comparing laws between the U.S.and Winland.

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

Question 50

Regarding Ryan's legal problems in Winland,which is a true statement?

A)Ryan must obey the laws of Winland when operating a business in Winland and cannot rely upon U.S.laws as a defense.
B)Ryan can rely upon the federal statutory laws of the U.S.as a defense.Additionally,Ryan is entitled to all U.S.Constitutional rights in Winland because he is a U.S.citizen.
C)Ryan can rely upon the federal statutory laws of the U.S.as a defense but not the U.S.Constitution.
D)Ryan 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.
E)Ryan is entitled to all U.S.Constitutional rights in Winland because he is a U.S.citizen,but he cannot rely on statutory law.

Question 51

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

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

Question 52

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

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

Question 53

[International Expansion] Ryan wants to expand his coffee business into Winland,a small,remote country.He moves to Winland temporarily in order to oversee operations.His friend Terrell asks him if he plans to hire legal counsel for the expansion.Ryan replies,"Of course not.The U.S.has the strictest laws regarding contracts,employment,and business practices in the world.So long as I'm legal in the U.S. ,I'm legal anywhere.Besides,I studied up on Winland law ten years ago,and I know it all." Ryan proceeds and lands in jail in Winland for violating recently passed laws which make it a crime to mistreat employees and which criminalized the failure to provide certain benefits.Authorities in Winland claim that he sexually harassed an employee,failed to pay sufficient wages,and failed to give employees Winland's mandated 12 weeks of paid vacation per year.
What is true regarding Ryan's defense that he thought he knew the law of Winland because he had studied it some years before and that the laws under which he was arrested were new? Assume the law of Winland is the same as the U.S.on this issue.

A)Ryan is entitled to rely as a defense on the fact that he had studied the law at one time.Officials in Winland were charged with publicizing any changes.
B)Ryan 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.
C)If Ryan 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.
D)Rules change and Ryan 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.
E)If Ryan 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.

Question 54

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

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

Question 55

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

Question 56

Which of the following cases overturned prior precedent?

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

Question 57

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

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

Question 58

The court hears a discrimination case in which they are asked to decide whether local anti-discrimination laws protect against a person being fired because they have red hair.The court holds that since Irish people are more likely to have red hair,this is an example of national origin discrimination and anti-discrimination laws should apply.The legislature,following the court ruling,passes a statute saying hair color is not covered by anti-discrimination laws.The legislature's action is an example of:

A)Overturning stare decisis
B)Following stare decisis
C)Revoking common law by new statutory law
D)Following precedent
E)Overturning precedent

Question 59

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

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

Question 60

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

A)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.
B)The uniform statute automatically goes into effect without any action by state legislatures.
C)A state legislature can ignore the proposed uniform law,adopt it in full,or adopt it in part.
D)All states must adopt the uniform statute within one year.
E)All states must adopt the uniform statute within six months.

Question 61

Which of the following is reported in the Federal Reporter?

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

Question 62

The city council is considering a new ordinance to require stores provide reusable bags and eliminate disposal paper or plastic bags.In determining whether to pass the law,the city council obtained an estimate for the expense stores would incur in offering reusable instead of disposable bags.They also obtained estimate for the savings which would result from not having to clean up litter from disposable bags.Finally,they consulted with an environmentalist to assess the positive impact that phasing out bags would have,including enhanced safety for local wildlife.In deciding whether to pass the law,the council relied on:

A)Legal positive
B)The historical school
C)Stare decisis
D)A cost benefit analysis
E)Common law

Question 63

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

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

Question 64

If Maria decides to follow all laws and regulations,even if she does not agree with them,this approach is rooted in what?

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

Question 65

Maria's strategy to try to change the law through petitioning city council,which others have done in the past,is rooted in which of the following?

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

Question 66

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

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

Question 67

Which of the following is an independent agency?

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

Question 68

Which of the following is an executive agency?

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

Question 69

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

Question 70

An example of pursuing change through identification with the vulnerable would involve:

A)Arguing for a stronger law to protect abused children because other jurisdictions have stronger laws.
B)Arguing that current laws on child abuse should not be changed because of the tradition behind the laws
C)Arguing for stronger laws to protect abused children because abused children cannot protect themselves
D)Arguing for a stronger law to protect abused children because those who abuse children are not obeying duly authorized laws on child protection.
E)Arguing for a stronger law to protect abused children because treating child victims is too costly for the public

Question 71

Which of the following is justified under a natural law theory:

A)Disobeying a law which requires shooting trespassers because the law is not uniform across all jurisdictions.
B)Disobeying a law which requires shooting trespassers because you do not believe you have a duty of obedience to duly authorized laws.
C)Disobeying a law which requires shooting trespassers because you believe the law is wrong.
D)Disobeying a law which requires shooting trespassers because the law harms the vulnerable
E)Obeying a law which requires shooting trespassers because you believe you do have a duty to obey duly authorized laws.

Question 72

What type of law are municipal ordinances?

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

Question 73

Where can you find local common law?

A)Municipal ordinances
B)State reporters
C)The state administrative code
D)The local courthouse and clerk's office
E)Regional reporters

Question 74

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

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

Question 75

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

Question 76

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

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

Question 77

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

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

Question 78

When the Supreme Court made its ruling on the legality of homosexual marriage,they considered social and economic conditions surrounding marriage rather than relying on precedent alone.This was an example of:

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

Question 79

[To the Dogs] Maria loves animals and is opening a grooming business.She believes that caring for animals properly is very important and plans to exceed any applicable regulations regarding cleanliness and health standards.Maria thinks,however,some local regulations make no sense.For example,there is a local ordinance that all dogs always must be kept on a leash when not in an inside area.Maria believes dogs need to exercise and to run freely in a safe area,so she is placing her business on a large lot with a fenced outside area.She thinks it is wrong to have to keep the dogs tied up while in a securely fenced area.She is aware that some members of the community have had success in changing local regulations by petitioning city council.Maria plans to proceed by petitioning to attempt a change in the leash law.
If Maria decides to ignore the leash law and let dogs run freely in the fenced outside area,this is an example of which legal school of thought?

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

Question 80

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)Comparative law
D)Conscience reaction
E)Legal Realism