Chp1 300

56. In a suit against Ethan, Francisco obtains an award of damages. This is​

A PAYEMENT OF MONEY OR PROPERTY AS COMPENSATION

61. Café Espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest-ranking (superior) law is​

A PROVISION IN THE ILLINOIS CONSTITUTION

67. Erin believes that a higher, or universal, law exists that applies to all human beings. Erin asserts that each written law should reflect the principles inherent in this higher law. Erin​

ADHERES TO THE NATURAL LAW OF TRADITION

64. The Bay City Planning Department, the Coastal County Zoning Commission, the California Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute​

ADMINISTRATIVE LAW

47. In Benny v. City Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Auto Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to​

ALLOW THE MINOR TO CANCEL A CONTRACT

49. Deb and Earl are involved in a lawsuit. This is

AN ACTION

51. Rachel is a state court judge. Salina appears in a case in Rachel's court, claiming that Tomas breached a contract. Possible remedies include​

AN AWARD OF DAMAGES TO SALINA

53. James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is​

AN EQUITABLE REMEDY

55. In a suit against Ian, Jenna obtains an injunction. This is​

AN ORDER TO DO OR TO REFRAIN FROM DOING A PARTICULAR ACT.

41. Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Kevin to find previously decided cases that, in relation to the case under consideration, are​

AS SIMILAR AS POSSIBLE

65. Jessie, an employee of Kim's Restaurant, believes that her employer has violated her rights in the workplace. Larson argues that a Metro City government agency has imposed a ordinance that violates his rights under the U.S. Constitution. The branch of law dealing with the definition and enforcement of all private or public rights is​

CIVIL LAW

62. Creamy Dairy produces award-winning ice cream sold to wholesale distributors, retail sellers, and individual consumers in all fifty states. The UCC provides a set of rules governing​

COMMERCIAL TRANSACTIONS

40. Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term​

CYBERLAW

36. Statistics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Statistics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as​: a0 hiring and firing decisions, b) the manufacturing and marketing of products, c)business financing d) all of the choices

D

36. Statistics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Statistics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as​: a) hiring and firing decisions, b) the manufacturing and marketing of products, c)business financing d) all of the choices

D) ALL OF THE CHOICES

57. Bob's Burgers n' Shakes Restaurant brings a suit in a court of law. At one time, a court of law could grant as a remedy only​

DAMAGES

42. As a judge, Baxter applies common law rules. These rules develop from​

DECISIONS FROM THE COURT IN LEGAL DISPUTES

14. Administrative law is a source of American law that consists of statutes.​

FALSE

14. Administrative law is a source of American law that is consists of statutes.​

FALSE

16. Courts do not depart from precedents.​

FALSE

17. Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.​

FALSE

18. In a common law system, judges are not obligated to follow the precedents established within their jurisdictions.​

FALSE

21. In most states, the courts no longer grant "equitable" remedies.​

FALSE

22. The term common law refers to law that is common throughout the world.​

FALSE

23. The common law is a term for the laws that are familiar to most of us.​

FALSE

24. Constitutional law includes only the U.S. Constitution.​

FALSE

25. Whether a law is constitutional depends on its source.​

FALSE

26. The U.S. Constitution reserves to the federal government all powers not granted to the states.​

FALSE

31. Administrative law includes only state regulations.​

FALSE

32. Criminal law focuses on rights and duties that exist between persons.​

FALSE

33. Criminal acts are prohibited only by federal government statutes.​

FALSE

34. The party against whom a lawsuit is brought is the plaintiff or petitioner.​

FALSE

35. When all the judges (or justices) agree on a decision, a majority opinion is written for the entire court.​

FALSE

5. A key to avoiding business disputes is to go ahead without thinking ahead

FALSE

6. Statutory law does not include county ordinances

FALSE

12. A jury's good sense and careful consideration of consequences is known as jurisprudence.

FALSE​

54. Reba is a state court judge. In her court, legal and equitable remedies have merged. In these circumstances, distinguishing between these types of remedies is​

IMPORTANT SO THAT THE PROPER REMEDY CAN BE REQUESTED

70. Martin Luther King, Jr. played a singular role in the most significant social movement in the history of the United States—the Civil Rights Movement. King has been chronicled in books and movies, and is featured on mementoes, some of which are offered for sale by PriceMart Corp. Under the principles discussed in "A Sample Court Case," Rosa and Raymond Parks Institute for Self-Development v. Target Corp., PriceMart's sale of these items most likely​

IS A QUALIFIED PRIVILEGE

46. In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent​

IS INCORRECT OR INAPPLICABLE

39. The Regional Counties Commission approves a new property tax measure, and the professors and students at State Law School publish the results of their most recent legal research. Sources of law include​

MEASURES APPROVED BY GOVERNING BODIES

60. The North Carolina state legislature enacts a law that violates the U.S. Constitution. This law can be enforced by​

NO ONE

45. Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of​

PARTIES' SUBJECTIVE MOTIVES FOR ENGAGIN IN LITIGATION

43. There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. The court can consider, among other things,​

PUBLIC POLICY OR SOCIAL VALUES

48. Judge Bell decides that the precedent for the case she is hearing is no longer correct due to technological changes. She overturns the precedent when she decides the case. It is likely that her case will​

RECEIVE A GREAT DEAL OF PUBLICITY

44. Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves​

RESCISSION

69. Jack enters into a contract with Jill's Farm to provide water for Jill's irrigation needs. Jack fails to deliver. Jill initiates a suit against Jack, asking the court to order Jack to perform. Jill is​

THE DEFENDANT

50. In an action against Gina, Harry obtains a remedy. This is​

THE LEGAL MEANS TO RECOVER A RIGHT OR TO REDRESS A WRONG

68. The Appellate Division of the New York Supreme Court issues an opinion that can be found at 137 A.D.3d 409, 26 N.Y.S.3d 66. "137" is​

THE NUMBER OF THE VOLUME IN THE OFFICIAL REPORTS OF THE COURT'S DECISIONS

38. Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organizations) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include​

THE RULES ISSUED BY FEDERAL ADMINISTRATIVE AGENCIES

63. The Federal Trade Commission (FTC) is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The Harrison County Board and the Island City Council enact ordinances. Administrative law includes​

THE RULES, ORDERS AND DECISIONS OF THE FTC

59. Zoom In, Inc. is engaged in the business of coding, with an emphasis on Internet marketing, business apps, and intra-corporate networks. In all of Zoom In's business activities, it is subject to United States laws and regulations. The basis for all law in the U.S. is​

THE U.S. CONSTITUTION

58. A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged​

THE US CONSTITUTION, NOT THE STATE PROVISION, WILL BE ENFORCED

1. Laws and government regulations affect almost all business activities

TRUE

10. The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended.​

TRUE

11. Most state trial court decisions are not published.​

TRUE

13. Procedural law consists of all laws that outline the methods of enforcing rights.​

TRUE

15. Statutes are laws enacted by Congress and the state legislatures and comprise one of the sources of American law.​

TRUE

19. Damages are a remedy at law.​

TRUE

2. Law consists of enforceable rules governing relationships among individuals and between individuals and their society

TRUE

20. Remedies in equity include injunctions.​

TRUE

27. Statutory law includes state statutes.​

TRUE

28. The courts, in interpreting statutory law, may rely on the common law as a guide to what the legislators intended.​

TRUE

29. A citation identifies the publication in which a legal authority can be found.​

TRUE

3. Many different laws may affect a single business transaction

TRUE

30. Administrative law consists of the rules, orders, and decisions of administrative agencies.​

TRUE

4. Business decision makers are expected to make decisions that are ethically sound

TRUE

7. The stability and predictability of the law are essential to business activities

TRUE

8. Remedies in equity include decrees of specific performance

TRUE

9. "UCC 2-207(1)" is a citation to Uniform Commercial Code Section 2-207, subsection 1.​

TRUE

37. In a suit against Olive, Pimento obtains damages. In the U.S. legal system, this remedy at law is​

USUAL

66. Rupert is a victim of Sara's violation of a criminal law. Criminal law is concerned with​

WRONGS COMMITTED AGAINST THE PUBLIC AS A WHOLE

52. The legislature of the state of Wyoming enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies in​

WYOMING ONLY

21. In most states, the courts no longer grant "equitable" remedies.​

false