business law chapter 1

Which of the following would NOT be the subject of a criminal law statute? a. Theft b. Injuring someone with a firearm c. Not performing an employment agreement d. Selling government secrets to another nation

Not performing an employment agreement

United States Supreme Court opinions can be found in which three of the following reporters?

Supreme Court Reporter (S.Ct.) Lawyers' Edition of the Supreme Court Reports (L.Ed.) United States Reports (U.S.)

T or F a state's consitution is a primary source of law in that state.

T

Which of the following is not true of administrative agencies: a. They create regulations which function like laws. b. They are prohibited from adjudicating disputes regarding their own regulations. c. They perform specific government functions delegated to them by the legislature. d. They can be created under the power of the executive branch or Congress.

They are prohibited from adjudicating disputes regarding their own regulations.

One primary source of American law is:

U.S. Constitution

A statute may contain both procedural and substantive provisions. a. True b. False

a

In the field of legal research, a "citation" is: a. the location of a trial court or court of original jurisdiction. b. a reference to a publication in which a legal authority can be found. c. a reference to United States Supreme Court cases only.

a reference to a publication in which a legal authority can be found.

The plaintiff is the person who files the original petition with the court to start a lawsuit. a. True b. False

a. true

The U.S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products. This statute applies: a.only to matters not covered by the state law. b.only to those states that adopt the statute. c.to all of the states. d.to none of the states.

all states

In a suit against Owen, Phil obtains specific performance. This is: a.an order to do or to refrain from doing a particular act. b.an order to perform what was promised. c.a payment of money or property as compensation. d.the cancellation of a contract.

an order to perform what was promised.

is the party who appeals a lower court's decision.

appellant

In a case title at the appellate court level, the first party name is always the plaintiff at the trial court level. a. True b. False

b false

Enabling legislation: a. creates an administrative agency and gives the agency powers. b. enables an administrative agency to ignore federal rules and make their own. c. enables the citizens of the United States to gain direct access to the federal courts. d. creates a subdivision of Congress, made up of Senators and Representatives, to oversee an issue.

creates an administrative agency and gives the agency powers.

ChemCore Company is engaged in the business of creating chemical solutions for cleaning pools. As a result of the chemical engineering process, a number of harmful waste products were created. ChemCore disposed of these harmful waste products by dumping them in an adjacent river every Tuesday at midnight for the past five years. Kyle Bishop lives downstream from ChemCore and has noticed chemical damage to his dock that has progressed over the past five years. Bishop learns of ChemCore's dumping practice and sues. If Bishop proves his case, the most likely remedy awarded by the court would be: a.imprisonment because this is a criminal matter. b.a monetary award because Bishop did not bring this in a court of equity. c.the purchase of a new dock pursuant to the equitable doctrine of specific performance. d.an injunction to stop the dumping and monetary damages.

d.an injunction to stop the dumping and monetary damages.

In a particular case, Judge A does not agree at all with the other judges' opinions. Which of the following type of opinion will he write? a. A plurality opinion b. A majority opinion c. A concurring opinion d. A dissenting opinion

dissenting opinion

remedies in ________ include specific performance.

equity

T or F. Today, most jurisdictions maintain separate courts of equity and courts of law.

false

T or F. When the U.S. Congress passes federal statutes, states are not obligated to follow them.

false

The Federal Trade Commission is an example of a(n)

independent regulatory agency

An ______ is a court order to either perform a specific act or refrain from performing a specific act. Cancellation relieves both parties of their contractual obligations.

injunction

Of all U.S. laws, including state laws, the U.S. Constitution

is considered supreme over all other laws

he idea that a judge's own personal life experiences impact their reasoning process in deciding a case is a reflection of

legal realism

When a court's opinion is not unanimous but most judges in that case agree with it, it is called a: a. concurring opinion. b. dissenting opinion. c. majority opinion. d. unanimous opinion.

majority opinion

A binding authority does NOT include applicable constitutions governing regulations opinions from experts in the field applicable statutes court decisions from a higher court in the jurisdiction

opinions from exports in the field

Any legal authority or source of law that a court may look to for guidance but does not need to follow when making a decision

persuasive authority

In a suit against Charles, Diana obtains the cancellation of a contract, which is: a.a decree of specific performance. b.an award of damages. c.an injunction. d.rescission.

rescission

A citation to 42 U.S.C. § 1981 means that the statute is in _________ 1981 of _____________ 42 of the United States Code.

section title

The Latin term stare decisis means: a. to stare on principle. b. to stand as a witness. c. to stand on the statutory language. d. to stand on decided cases.

the stand on decided cases

T or F A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.

true

The________ is a uniform law adopted by all states that facilitates business transactions.

unform commercial code

In a particular case, Judge A does not agree at all with the other judges' opinions. Which of the following type of opinion will he write? a. A plurality opinion b. A majority opinion c. A concurring opinion d. A dissenting opinion

A dissenting opinion

A source of law that a court must follow when deciding a case.

Binding authority

When Congress passes a law, it can be found in which publication? a. United States Statutes at Large b. United States Congressional Studies c. United States Acts at Large d. United States Federal Legislation Records

. United States Statutes at Large

Which of the following would be an example of a procedural law? a. A law detailing the method by which an employer must notify an employee about worker's compensation benefits. b. A law that provides employees with the right to worker's compensation benefits in the event of an on-the-job injury. c. A law that criminalizes the possession of marijuana. d. A case precedent that establishes the elements necessary to sue for a product liability claim.

A law detailing the method by which an employer must notify an employee about worker's compensation benefits.

udge Kayla Hamm hears a civil case about alleged sexual harassment. Judge Hamm strongly feels like the Defendant should be held liable because his behavior is morally reprehensible but sets aside her personal feeling and defers to the language of statutes and case precedents. Upon reading the statutes and case law she feels that the laws are unfair, however, based on that language she does not find that the Plaintiff has proven her case and finds for the Defendant. Judge Hamm's final decision is an example of which school of thought? a. The Natural Law School of thought b. The Positivist School of thought c. The Historical School of thought d. Legal Realism

The Positivist School of thought

The term cyberlaw is used to describe: a.law among Siberians. b.the law governing book publishing. c.the emerging body of law that governs cyberspace transactions. d.a formal classification of law.

c.the emerging body of law that governs cyberspace transactions

While Samantha was driving to school, she stopped at a stoplight and was struck from behind by Nathan's car. Samantha was injured, and her car was damaged. She filed a lawsuit against Nathan to recover for her losses. This case is an application of: a.criminal law. b.cyberlaw. c.civil law. d.public law.

civil law

Statutes are enacted by either the U.S._______ or state __________

congress legislatures

Primary law, or sources that establish the law, include: a.constitutions, statutes, and legal treatises. b.constitutions, case law, and legal encyclopedias. c.constitutions, administrative regulations, and articles in law reviews. d.constitutions, statutes, and case law.

constitutions, statutes, and case law.

___________ law consists of laws that define legal rights and obligations while ____________ law consists of laws that outline methods of enforcing established rights.

substantive procedural

Sandra was injured when her car was struck by a car driven by David. As a result, Sandra has the right to file a lawsuit against David. This is an example of: a.procedural law. b.substantive law. c.cyberlaw. d.criminal law.

substantive law