Chapter 1 Mindtap - Legal environment of Business

If the court cannot find any sources of law that establish or direct their decision to dismiss the suit, the court should then turn to _________________ sources of law for guidance.

Secondary

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

Section, Title

Kentucky

South Western

Georgia

South eastern

Part of common law tradition relies on the doctrine of ______________

Stare Decisis

The California court will follow the decision of the United States Supreme Court because of the doctrine of ___________ . The United States Supreme Court decision is ________________ on the California courts.

Stare decisis, binding

Another resource for the court are the ___________ passed by the United States _____________ and the state ______________

Statutes, Congress, legislatures

Historical

Doctrines that have withstood the passage of time help guide us in shaping present laws

A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles and facts. True or false?

True

Case law is derived from judges' decisions for actual cases.

True

State constitutions are a primary source of law. True or false?

True

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

Uniform commercial code

Natural Law

Universal law that applies to all human beings

In the English system, upon which the American system is based, "remedies at law" consisted of any action or order that would correct the wrong. True or false?

False

The U.S. Congress passes federal statutes which do not apply to states, but only to the federal government. True or false?

False

What if the United States Supreme Court had not issued the prior opinion and California courts also had not decided that those clauses contravene a strong public policy? This case would be a case of _______ in California.

First impression

Illinois

North Eastern

Elaine is involved in a car accident in which the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law? a. Substantive law b. Administrative law c. Procedural law d. Cyberlaw

a. Substantive law

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

a. True

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

a. True

United States Supreme Court opinions can be found in which three of the following reporters? a. United States Reports (U.S.) b. High Court Reports (H.C.) c. Supreme Court Reporter (S. Ct.) d. United States Supreme Court Reports, Lawyers Edition (L. Ed.) e. Counselor Reference Library (CRL) f. Federal Register (F.R.)

a. United States Reports (U.S.) c. Supreme Court Reporter (S. Ct.) d. United States Supreme Court Reports, Lawyers Edition (L. Ed.)

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

a. United States Statutes at Large

The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act: a. becomes the law in every state that adopts the uniform act through legislative action. b. becomes a part of the United States Code, and is therefore the law of the land in every state and territory of the United States. c. becomes the law in every state that has joined the NCCUSL. d. automatically becomes the law in every state.

a. becomes the law in every state that adopts the uniform act through legislative action.

Select three types of persuasive authority which judges may use in cases of first impression. a. nonbinding precedents from other jurisdictions b. news reports from other jurisdictions c. public policy issues d. unpublished opinions e. personal philosophies

a. nonbinding precedents from other jurisdictions c. public policy issues d. unpublished opinions

Law can be divided into which of the two following categories? a. procedural law b. good law c. bad law d. administrative law e. substantive law f. constitutional law

a. procedural law e. substantive law

When a judge uses legal encyclopedias, law review articles, and Restatements to guide a decision, that judge is using: a. secondary sources of law. b. primary sources of law. c. constitutional law. d. ineffective sources of law.

a. secondary sources of law.

The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as: a. statutory law. b. administrative law. c. case law. d. uniform law.

a. statutory law.

The Federal Trade Commission is an example of:

an independent regulatory agency

Tyler believes that some laws passed by his state's legislature are improper, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people. Which school of jurisprudential thought does Tyler subscribe to? a. The positivist school b. The natural law school c. The school of legal realism d. The historical school

b. The natural law school

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 U.S. Supreme Court cases only d. a reference to legal charges filed by the federal government against individuals

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

Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the: a. respondent. b. appellant. c. defendant. d. appellee.

b. appellant.

Most appellate court judges write opinions in which they give the reasons for their decisions. These opinions are collected and published in volumes of books known as: a. law journals. b. reporters. c. case citations. d. the United States Code.

b. reporters.

A case on the subject of free speech on the Internet comes before a Wisconsin state trial court. It is a case of first impression, which means that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would be considered the least proper for the judge to consider: a. social values and customs. b. survey data from the local community. c. public policy. d. cases from other jurisdictions.

b. survey data from the local community.

Cyberlaw consists of: a. laws that are written on computers, smartphones, tablets or other technology. b. traditional legal principles that have changed because of technology. c. only state statutes. d. only federal statutes.

b. traditional legal principles that have changed because of technology.

Which of the following CANNOT be at issue in criminal law? a. A law against stealing b. A law against injuring someone with a firearm c. A law against not performing an employment agreement d. A law against selling government secrets to another nation

c. A law against not performing an employment agreement

Two important resources for the court in making this decision are the state and federal ____________ , which outline the powers, and limits to those powers, of the state and federal governments.

constitutions

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

d. A dissenting opinion

The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called: a. a citation. b. an administrative rule. c. a uniform law. d. an ordinance.

d. an ordinance.

Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of: a. specific performance. b. injunction. c. rescission. d. damages.

d. damages.

If a plaintiff waited to bring a lawsuit for several years, and in those years witnesses died and evidence was lost or destroyed, one equitable defense that the defendant may have is called: a. ripeness. b. ineffective evidence. c. equitable maxim. d. laches.

d. laches.

Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings which are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of: a. constitutional constructionism. b. laches. c. courts of equity. d. stare decisis.

d. stare decisis

All of the cases which have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as: a. the civil law. b. the statutory law. c. the law of equity. d. the common law.

d. the common law.

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.

d. to stand on decided cases.

Administrative rules and regulations can be found first in the __________________ , and then more permanently in the _______________________

federal register, code of federal regulations

Remedies ___________ include specific performance.

in equity

Case law is based on the decisions made by those who run administrative agencies. True or false?

False

Cyberlaw is a new type of law. True or false?

False

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

Appellant

Pennyslvania

Atlantic

United States Supreme Court opinions are _________ until they are overruled by the Supreme Court or Congress.

Binding authority

The system of prior court opinions is called _________________

Case law

Select the order for the following words to form the basic steps in legal reasoning: Conclusion Rule Issue Application

Conclusion: 4 Rule: 2 Issue: 1 Application: 3

Statutes, which are primary sources of law, come from the U.S. __________ and state and local ____________ .

Congress, Legislatures

Law based on documents setting forth the general organization, powers, and limits of the government is called:

Constitutional law

Legal realism

Customary practices and the circumstances surrounding the transaction guide us in shaping the decision

statutory law

Laws enacted by legislative bodies at any level of government

A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include:

Opinions from trusted newspapers

Arizona

Pacific

Without the prior guidance, the California courts likely would look to ______ authorities to help them reason through a decision.

Persuasive

If the California court turns to prior court opinions to determine if it should dismiss the suit, it is looking for ______________

Precedent

AOL, LLC, mistakenly made public the personal information of 650,000 of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have declared in other cases that clauses similar to the AOL clause contravene a strong public policy. 1. In deciding whether to dismiss the suit, the court in California first should look to ___________ sources of law, or sources that establish the law.

Primary

Constitutional Law

The body of law derived from the U.S. Constitution and the constitutions of the various states.

Case law

The law as stated by judges in the court opinions

Administrative Law

The rules, orders, and decisions of federal, state, or local government administrative agencies

Of the U.S. laws, including state laws, the U.S. Constitution is:

The supreme law of the land

Because of the United States Supreme Court opinion and the prior California cases regarding clauses of this type, the California court __________ enforce the clause in the contract.

Will not

Because of the precedent set, the California court _______ dismiss the suit and the case will be heard in ________ .

Will not, California

One primary source of American law is: a. The Declaration of Independence b. The Magna Carta c. The U.S. Constitution d. The United Nations

c. The U.S. Constitution

Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of: a. statutory law. b. a Restatement of the Law. c. administrative law. d. constitutional law.

c. administrative law.

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

c. majority opinion

Administrative agencies are created to: a. provide more efficient government office management. b. act as a buffer between the executive and legislative branches of government. c. perform specific government functions delegated to them by the legislature. d. issue proclamations and edicts on behalf of the executive branch.

c. perform specific government functions delegated to them by the legislature.

Generally speaking, the Restatements of Law: a. are used only by courts of equity b. are not used as much as they were historically c. summarize the common law rules followed by most states.

c. summarize the common law rules followed by most states.

Civil law, as opposed to criminal law, can best be described as: a. the law that governs relations between persons. b. the law that governs relations between nations. c. the law concerned with wrongs against society. d. the law concerned with court processes. Hide Feedback

c. the law concerned with wrongs against society.

Positivist

there is no law higher than the laws created by the government

If the U.S. 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