Business Law Quiz 1
legal realism
customary practices and the circumstances surrounding a transaction guide us in shaping the decision for that situation
when congress passes a law, it can be found in which publication?
United States statutes at large
statutory laws
laws enacted by federal, state and local legislative bodies
ordinances
laws, rules or orders passed by local (e.g., city or county) governing body that only apply within the geographic limits of that municipality; cannot contradict the U.S. Constitution, the relevant state constitution, or other federal or state law
which of the following would NOT be the subject of a criminal law statute?
not performing an employment agreement
remedy
relief granted to an innocent and injured party to enforce a right or as compensation for the violation of a right by a guilty party
One of the major functions of all administrative agencies is:
rule making
A citation to 42 U.S.C. 1981 means that the statute is in __________ 1981 of __________ 42 of the United States Code
section, title
administrative laws
the rules, orders, and decisions of federal, state or local government administrative agencies
The Latin term stare decisis means:
to stand on decided cases.
A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.
true
A state's constitution is a primary source of law in that state.
true
Judges use precedent when deciding a case in a common law legal system.
true
The U.S. Constitution is the supreme law of the United States.
true
constitutional laws
the law as expressed in the U.S constitution and state constitutions
A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional.
true
If the United States Supreme Court determines that a state criminal law violates a provision of the Fourth Amendment to the U.S. Constitution, that law will be declared:
unconstitutional
The ___________ is a uniform law adopted by all states that facilitates business transactions.
uniform commercial code
case law
the law as stated by judges in their court opinions
United States Supreme Court opinions can be found in which three of the following reporters?
- United states reports - Supreme court Reporter - Lawyers' edition of the Supreme court reports
administrative law
Rules, orders, and decisions established by administrative agencies of the federal, state, or local governments to carry out their duties
procedural law
establish the methods of enforcing the rights established by substantive law
natural law
legal standards derive from a universality of rights which apply to all human beings
Which of the following is not a federal agency?
Congress.
What if the U.S. Constitution stated that animal owners do not have to pick up the feces deposited by their animals on private property, and I challenged the validity of the Superior Town Ordinance?
I would win because a local ordinance cannot conflict with the U.S. Constitution.
case law
Rules, doctrines, and principles established by judges in court decisions which govern all areas not covered by statutory law or administrative law
Which of the following is not true of administrative agencies:
They are prohibited from adjudicating disputes regarding their own regulations.
What if the Arizona State Constitution stated that animal owners do not have to pick up the feces deposited by their animals on private property, and I challenged the validity of the Superior Town Ordinance?
We need more information, such as: whether the Colorado Constitution addresses this issue; whether the Colorado state legislature has addressed this issue; and whether the U.S. Constitution addresses this issue.
precedent
a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts
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 dissenting opinion
stare decisis
a doctrine under which judges are obligated to follow the precedents established in prior decisions (in their jurisdiction) when deciding new cases
primary source of law
a document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision
Which of the following is not a primary source of law?
a legal encyclopedia
secondary source of law
a publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review; can provide guidance to a court
persuasive authority
any legal authority or source of law a court may look to for guidance but need not follow when deciding
persuasive authority
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
binding authority
any source of law that a court must follow when deciding a case
the __________ is the party who appeals a lower court's decision
appellant
Statutes are enacted by either the U.S. _____________ or state ___________
congress, legislatures
Case law is based on the decisions made by those who run administrative agencies.
false
In a case title at the appellate court level, the first party name is always the plaintiff at the trial court level
false
The Federal Trade Commission is an example of a(n):
independent regulatory agency
criminal law
involves laws established to identify wrongs committed against society for which society demands redress
Of all U.S. laws, including state laws, the U.S. Constitution:
is considered the supreme over all others
positivist
law is constructed based on the norms as created by a legislature within the framework of the time in which they are created
Which of the following is nota source of American law?
model statute
In early England, common law rules developed from the:
principles underlying judges' decisions in actual legal controversies.
civil law
spells out the rights and duties that exist between persons and their governments, and the relief available when a person's rights are violated
From the following, civil law can best be described as:
the law that protects private and public rights of individuals
The plaintiff is the person who files the original petition with the court to start a lawsuit
true
Which of the following statements is trueregarding the Superior Town Ordinance?
- It is an example of statutory law. - Like many other laws created by the legislative bodies in America, it does not account for every scenario involving dog feces; for example, it does not include a timing element.
Which of the following is a power that can be granted to an agency via enabling legislation passed by a legislative body?
- rule making - enforcement and investigation - adjudication
statutory law
Body of law enacted by legislative bodies
One primary source of American law is:
The U.S Constitution
in the filed of legal research, a "citation" is:
a reference to a publication in which a legal authority can be found
binding authority
a source of law that a court must follow when deciding a case
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, and she filed a lawsuit against Nathan to recover for her losses. This case is an application of:
civil law
if one nation violates international law, it is up to other nations to use persuasion or ___________ actions such as severance of diplomatic relations, __________, sanctions, or armed conflict
coercive, boycotts
Law based on documents setting forth the general organization, powers, and limits of the government is called:
constitutional law
Enabling legislation:
creates an administrative agency and gives the agency powers.
substantive law
define, describe, regulate, and create legal rights and obligations
historal
doctrines that have withstood the passage of time, either unchanged or have evolved with time, help guide us in shaping present laws
Today, most jurisdictions maintain separate courts of equity and courts of law.
false
When the Colorado legislature enacts a statute, the citizens of Arizona (in Arizona) are obligated to follow that statute unless Congress has enacted a similar statute.
false
When the U.S. Congress passes federal statutes, states are not obligated to follow them.
false
Remedies ___________ include specific performance.
in equity
When a court's opinion is not unanimous but most judges in that case agree with it, it is called a:
majority opinion
The legislature of the state of Missouri enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies:
only in Missouri
A binding authority does NOT include:
opinions from experts in the field
Administrative agencies are created to:
perform a specific government function
defendant
person against whom such an action is brought
plaintiff
person who brings an action claiming wrongdoing by another person
When Overseas Exports, Inc., based in New York, does business internationally, the firm may be subject to international law. The sources of this law include:
the laws of individual nations, and treaties and international organizations.