BUL3310 Quiz 1
In common law, deductive reasoning precedes crafting of rules of law.
False
In deductive reasoning, one draws a conclusion from a premise.
False
It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B.
False
Criminal law is a subset of private law.
False- public law
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat Pies" to introduce a new type of weight-loss pie. Which of the following is true with respect to his actions:
Fat Frank can be sued in tort in civil court. Fat Frank can potentially face criminal liability for his actions. Fat Frank behaved unethically.
The power of the judicial branch to declare that laws are invalid because they violate the Constitution is known as ______.
Judicial Review
Angela is a law student writing a law review article on the economic impact of certain white-collar crimes. She follows the ____ school of jurisprudence.
Law and Economics
A syllogism is the style of argument used in deductive reasoning.
True
According to the self-interest theory, "good" decisions benefit the individual making the decision.
True
Analogical reasoning relies inferences drawn from previous similar situations.
True
Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code.
True
Comments made by the court that are not necessary to decide the issue at hand are called dicta.
True
Corporations may consider the legal, ethical and philanthropic effects of corporate decisions.
True
Criminal and taxing statutes are strictly and narrowly construed
True
Deductive reasoning is but one component of legal reasoning.
True
Deontological ethics refers to ethical systems based on rights and duties.
True
Ethical behavior often requires a higher standard than merely legal behavior.
True
It is good practice to include in a contract which states law will govern disputes that arise under the contract
True
Judicial review is the power of the courts to declare laws unconstitutional.
True
Jurisprudence involves the study of the law as a philosophical system.
True
Legal realism holds the law is what judges rule it to be.
True
Malum per se criminal conduct is also repugnant to strongly held moral beliefs.
True
Many areas of law important to businesses are governed by the Uniform Commercial Code.
True
Many economists believe personal interest is a basis for a well-functioning economy.
True
One of the important powers of courts in the United States is to interpret legislation.
True
Principles of legal reasoning may successfully be applied to solving certain problems related to business strategies.
True
The body of law that will be used to determine which state's law will apply in a multi-state transaction is conflict of laws.
True
The city of Delmar passed a law requiring that restaurants and taverns stop serving alcohol to patrons at 1 a.m. This law is an example of an ordinance.
True
The conclusion follows from the relationship between the major and minor premises.
True
The law in many European countries is based on codified statutes, not case precedents. Such law is classified as a civil system.
True
The purpose of the doctrine of stare decisis is to give certainty and predictability to the law.
True
The search for the truth is not the focal point of all legal reasoning.
True
The search for the truth is the focal point of all legal reasoning.
True
The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance.
True
Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another.
True
Use of analogical reasoning involves the comparison of the facts of the current case with the facts in previously decided cases.
True
Deductive reasoning requires one to ____.
use major and minor premises to draw logical conclusions
Res judicata is best defined as
A controversy that has been litigated and forever settled between the parties
A follower of utilitarianism must engage in ____ .
A cost benefit analysis
In the more recent view of the followers of Immanuel Kant, all ethical duties are ____.
Absolute in certain circumstances.
Ethical standards are frequently enacted into laws and cited in court decisions ____.
As a reflection of societies rights and wrongs
Kantian ethics holds ____.
Certain moral standards are universal and impose a duty on all humans
In complex litigation involving the laws of several states, the state whose law will be used is determined by reference to
Conflict of Laws
The theory of constitutional interpretation that is willing to reject precedent in order to address current social forces and needs is called
Constitutional Relativity
The trend is for more and more states to adopt uniform laws governing
Criminal Law
Which of the following is not a category of private law?
Criminal Law
That the biases of a ruling class are reflected in the laws passed is a belief of ____ adherents.
Critical Legal Studies
The belief that the law reflects the biases of a ruling class is a foundation of the ____ school of legal thought.
Critical Legal Studies
Comments contained in judicial opinions that are not necessary to the decision of the case are called
Dicta
A follower of the self-interest theory will act in a "selfless" manner because____.
Doing so will benefit the individual making the decision
Followers of the self-interest theory practice selfless acts because ____ .
Doing so will benefit the individual making the decision
The common law system in the United States has its roots in
England
All legal conduct is ethical?
False
Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as statutes.
False
Contract and tort law are examples of public law
False
Critical thinking does not require deliberation in analyzing a problem.
False
Deductive and analogical reasoning alone are sufficient to comprise legal reasoning.
False
Dicta is another term for "controlling precedent."
False
Ethical conduct never brings about new laws.
False
Ethics means the same thing as morals.
False
If one obeys the law, one is not necessarily acting ethically because ethical standards of conduct and legal standards of conduct are identical.
False
Legal reasoning always yields a single, correct answer for any legal problem.
False
Once a dispute has been litigated and decided, stare decisis bars the parties involved from ever litigating the issue again.
False
Only decisions by the United States Supreme Court can have the status of res judicata.
False
Stare decisis, the doctrine giving rise to the importance of precedent, is not an example of analogical reasoning.
False
State X requires that a party who wants to appeal the decision of a trial court file a notice of appeal within 30 days of the verdict. This is an example of a substantive state law.
False
The Uniform Commercial Code is an important federal statute regulating interstate commerce.
False
The separation of powers doctrine applies only to the federal government and not to state governments.
False
Tort law is a subset of general criminal law.
False
Utilitarianism teaches an action that brings the greatest happiness to the largest number of a select group of people is ethical.
False
Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to determine the purpose and reach of a law. This background is called a law's legislative ______ .
History
The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an ______ separation of powers.
Horizontal
The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an__________separation of powers
Horizontal
An important step in the application of the legal reasoning process is ____.
Identifying the general area of the law Determining the relevant facts Deciding the specific legal rules applicable to the facts
An important step in the application of the legal reasoning process is
Identifying the general areas of the law Determining the relevant facts Deciding the specific, legal rules applicable to the facts
Maya, who lives in Maryland, hired Mark, a contractor who lives and is licensed in Maryland, to renovate her home. The contract is governed by Maryland law. Should a dispute arise over the contract, it would be classified as a(n)---------------case.
Intrastate
Common law is also known as ______ law.
Judge-made
___________ is the theory of jurisprudence which holds the decisions of those charged with administering the law, such as judges and juries, determines what the law is
Legal Realism
____is the theory of jurisprudence which holds the decisions of those charged with administering the law, such as judges and juries, determines what the law is.
Legal Realism
True
Legal reasoning does not limits one`s ability to see more than one side of a question.
The Supreme Court case that created the doctrine of judicial review is
Marbury vs. Madison
Crimes such as selling or possessing certain drugs or possessing certain weapons are malum prohibitum crimes because
NOT Such crimes involve morally reprehensible conduct Such crimes are designated as criminal by society???
____is the theory of jurisprudence which believes there are higher legal and moral authorities than the State and laws should reflect them.
Natural Law
The City of Sunnydale enacted a law limiting to 4 the number of unrelated individuals who can live together in a house or apartment. This city law has the status of an____________.
Ordinance
Sen. Harris, addressing Senators on the subject of protests against surveillance laws, insists these laws be obeyed as written. Sen. Harris is a ____ school adherent.
Positive law
________________is the theory of jurisprudence that believes that the law is simply the command of a government and that there is no necessary moral component to it.
Positive law
is the theory of jurisprudence that believes that the law is simply the command of a government and that there is no necessary moral component to it.
Positive law
A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of the date of breach are examples of ______ laws.
Procedural
A state statute requiring that medical malpractice suits be initiated within 3 years of the injury is an example of a(n) ______ law.
Procedural
The triple bottom line model encourages corporations to consider the effect of their decisions on ____ .
Profit, People, and Planet
Profit maximization theory holds
Rational self-interest can lead to economic prosperity
Rights/duties ethical systems are may be based on ____.
Religious standards Philosophical principles A theory of social contracts
Bill sued Ted for libel over statements Ted published in the company newsletter. A jury heard the case and found that no libel had occurred because the statements were true. Bill is very unhappy with this decision, but cannot sue Ted again over these statements because of the doctrine of
Res Judicata
It binds the parties to the decisions in a lawsuit so that neither can re-litigate the case.
Res Judiciata
Maximizing utility may involve ____.
The impact of a decision on relationships and health
Angelique promotes the idea changes in social mores should inform legal analysis. She supports the ____ school of jurisprudence.
Sociological
Timothy believes the law should reflect societal values, which may change over time. He is an adherent of the ____ school.
Sociological
The important common law doctrine that means "to stand by the decision" is
Stare Decisis
The Congress of the United States passed the Soldiers' and Sailors' Relief Act of 1940 and President Franklin Roosevelt signed it into law. This Act has the status of an____________.
Statue
Assume that the Vermont legislature passed a bill prohibiting the sale within the state of detergents containing certain chemicals harmful to the environment. Assume further that the governor signed the bill into law. This law has the status of a(n) ______ .
Statute
Legislation passed by Congress and signed into law by the President is classified as a(n) ______ _
Statute
A federal law requires that employers with 15 or more employees take steps to "reasonably accommodate" the religious needs and practices of their employees. A law, such as this one, that gives rights and imposes duties is an example of an ______ law.
Substantive
Which of the following statements about the Uniform Commercial Code UCC is correct?
The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws.
Utility maximization may require considerations of ____ .
The impact of a decision on relationships and health
Rights/duties ethical systems are not concerned with ____ .
The result of a decision or course of action
Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may potentially shut her down. Which of the following best characterizes this scenario.
This type of legal action cannot be ethically or legally justified.
The societal belief that "people who injure other persons or their property should compensate them for their loss" is the basis of
Tort Law
A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions.
True
Bob's Beer and Booze Barn classfies a clerk as a "managerial assistant" and assigns menial supervisory duties to this employee, that do not meet the department of labor (DOL) standards, to avoid paying overtime wages. Bob "knows" the clerk will not be aware that these new supervisory duties do not meet the requirements of the DOL and does not expect the department of labor will look into the classification if the clerk does not contest their status with the DOL. This practice is:
Unethical and contrary to the letter of the employment laws Unethical and contrary to the spirit of the employment laws
Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar "knock-off" product because Chirp Chirp is just a small start-up company and they lack the money to litigate in court with Gaggle, Inc. Gaggle, Inc. is:
Unethically exploiting their power and size in the marketplace.
A system focusing on the outcome of a decision is ____
Utilitarianism Self-interest theory Profit maximization theory
The federal government and state governments have separate and distinct powers. This arrangement constitutes an ______ separation of powers.
Vertical
The federal government and state governments, although they share a similar structure, have their own unique duties and functions. This division of sovereign power between the state and federal level is called a(n)----------separation of powers.
Vertical
According to Kantian ethics ____ .
certain moral standards are universal and impose a duty on all humans
The Internal Revenue Service IRS wants to fine Mike for violating a section of the Tax Code. Mike believes that the IRS is misinterpreting the Code and that he has violated no laws. The Code section is complex and its application is not clear. Using standard rules of statutory interpretation, the court that hears this case will
construe the punishment provision of the statute strictly in favor of Mike.
Deductive reasoning does not allow one to
draw conclusions from similar cases decided in the past
Codes of Ethics do not encourage ____ .
self-aggrandizement
Stare decisis translates as
stand by the decision