Blaw Ch.1

A precedent is a. the chief executive officer of the United States. b. a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles. c. a lawsuit in which a number of persons join together. d. the fundamental procedure by which the government exercises its authority.

a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles.

In a suit against Guillermo, Hailey obtains an award of damages. This is a. an order to do or to refrain from doing a certain act. b. the right to harm another. c. a payment of money or property. d. the cancellation of a contract.

a payment of money or property.

The means to enforce a right or compensate for the violation of a right is a. a cornerstone. b. a remedy. c. jurisdiction. d. stare decisis.

a remedy.

Power, Inc., is a corporation engaged in the business of producing, refining, and distributing energy resources. With respect to the firm's managers, legal concepts can be useful for Power's a. accounting and finance manager. b. human resources manager. c. marketing manager. d. all of the choices.

all of the choices

In Beto v. 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 Autos, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to a. allow the minor to cancel the contract. b. disregard the Beto case. c. order the minor to cancel the contract. d. require the minor to fulfill the contract.

allow the minor to cancel the contract.

The Uniform Commercial Code facilitates commerce a. among the states. b. between the states and the federal government. c. in countries that were once colonies of Great Britain. d. in international markets.

among the states.

Federico and Gwen are involved in a court proceeding to enforce a right. This is a. an action. b. stare decisis. c. an injunction. d. a remedy.

an action.

Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Home Care will be required to appear at a hearing presided over by a. a federal appellate court judge. b. a federal district court judge. c. an administrative law judge. d. a U.S. Marshal.

an administrative law judge

Jaime and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. Jaime asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is a. an equitable remedy b. an unenforceable demand. c. an action. d. beyond the court's authority.

an equitable remedy

Applying the relevant rule of law to the facts of a case requires a judge to find previously decided cases that, in relation to the case under consideration, are a. as different as possible. b. as similar as possible. c. at odds. d. exactly identical.

as similar as possible.

Primary sources of law include a. legal encyclopedias b. official comments to statutes. c. case law. d. legal treatises.

case law.

The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is a. criminal law. b. civil law. c. natural law. d. legal positivism.

civil law.

The Uniform Commercial Code provides a set of rules governing a. commercial transactions b. state legislative adoptions. c. congressional procedures. d. administrative processes.

commercial transactions

There are no precedents on which the court deciding the case Algorithm Corp. v. Beta Bytes, Inc., can base its decision. The court can consider, among other things, a. the opinions of the friends and relatives of the judge. b. the results of a poll of those in the courtroom. c. government policy based on widely held social values. d. all of the choices.

government policy based on widely held social values.

To benefit from international trade, individual nations agree to be governed by a. international law. b. the Uniform Commercial Code. c. none of the choices. d. the laws of other nations

international law.

In the case of Sales Corp. v. Transport Co., the court may rule contrary to a precedent if the court decides that the precedent a. is incorrect or inapplicable. b. is not in line with the judge's personal values. c. would lead to unintended consequences. d. would not bring about the result the judge prefers.

is incorrect or inapplicable.

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc. has violated an EPA regulation. If no settlement is reached, the EPA can a. issue a formal complaint. b. do nothing. c. take the matter to the U.S. Supreme Court. d. immediately impose sanctions.

issue a formal complaint

Secondary sources of law include a. state constitutions. b. legal scholars' research. c. laws passed by local governing bodies. d. regulations created by administrative agencies.

legal scholars' research.

A constitution sets forth a government's a. limits, but not powers. b. limits and powers. c. neither limits nor powers. d. powers, but not limits.

limits and powers.

At one time, a court of law could grant as a remedy only a. monetary damages. b. an order to perform a contract as promised. c. a judicial proceeding for the resolution of a dispute. d. an injunction.

monetary damages.

The Montana legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by a. no one. b. the federal government only. c. the state of Montana only. d. the United States Supreme Court only.

no one.

In a civil case, the object is to a. resolve a dispute to the satisfaction of all concerned parties. b. take coercive action against a violating party. c. punish a wrongdoer to deter others from similar actions. d. obtain a remedy to compensate the injured party.

obtain a remedy to compensate the injured party.

Common law rules develop from a. principles underlying judges' decisions in actual controversies. b. regulations issued by administrative agencies. c. statutes enacted by Congress and the state legislatures. d. uniform laws drafted by legal scholars.

principles underlying judges' decisions in actual controversies.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is a. compile the rule with others in the Federal Register. b. draft the rule. c. publish a notice of the proposed rulemaking. d. solicit public comment.

publish a notice of the proposed rulemaking.

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as a. statutory law. b. the basis of all law in the United States. c. the supreme law of the land. d. uniform law.

statutory law.

The basis of all law in the United States is a. the U.S. Constitution. b. laws passed by Congress c. case law. d. regulations created by administrative agencies.

the U.S. Constitution

Each court has a jurisdiction. Jurisdiction is best defined as a. a doctrine that follows established precedents. b. the geographic area in which a court has the power to apply the law c. a judicial proceeding to redress a wrong. d. a situation giving a person a right to initiate a judicial proceeding.

the geographic area in which a court has the power to apply the law

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is a. the case of first impression. b. the persuasive authority. c. the plaintiff. d. the defendant.

the plaintiff.

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of a. no government official or entity. b. the president. c. state legislatures. d. the U.S. Attorney General

the president.

Administrative law includes a. all laws that affect business operations. b. the rules, orders, and decisions of a government agency c. model laws developed by the National Conference of Commissioners on Uniform State Laws. d. laws enacted by a legislative body.

the rules, orders, and decisions of a government agency

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution a. neither provision will be enforced b. both provisions will be enforced. c. the state provision will be enforced only within that state's borders. d. the state provision will not be enforced.

the state provision will not be enforced.

Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on a. Congress. b. administrative agencies that oversee agricultural products. c. the United States Supreme Court. d. the president of the United States.

Congress.

In a suit against Karen, Luke obtains an injunction. This is a. an order to do or to refrain from doing a certain act. b. a departure from precedent. c. a payment of money. d. the cancellation of a contract.

an order to do or to refrain from doing a certain act.

Criminal statutes proscribe a. the prosecution of private individuals by other private individuals. b. the prosecution of public officials by private individuals. c. the relief available when a person's rights are violated. d. wrongs committed against society for which society demands redress.

wrongs committed against society for which society demands redress.

Stare decisis is best defined as a. a doctrine under which judges follow established precedents. b. the authority to decide a specific dispute. c. a judicial proceeding to redress a wrong. d. a situation giving a person a right to initiate a judicial proceeding.

a doctrine under which judges follow established precedents.