Business Law - Ch1 Questions

An award of damages is a. a payment of money or property. b. the cancellation of a contract. c. an order to do or to refrain from doing a certain act. d. the right to harm another.

a.

on a challenge to a provision in a state constitution that conflicts with a provision in the US constitution a. the state provision will not be enforced b. neither provision will be enforced c. both provisions will be enforced d. the state provision will be enforced only within that states borders

a.

the uniform commercial code facilitates commerce: a. among the states b. between the states and the federal gov c. in international markets d. in countries that were once colonies of Great Britain

a.

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

c.

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 us attorney general c. the president d. state legislatures

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

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

c.

the basis of all law in the US is a. case law b. laws passed by Congress c. regulations created by administrative agencies d. the US constitution

d.

the uniform commercial code provides a set of rules governing a. congressional procedures b. state legislative adoptions c. administrative processes d. commercial transactions

d.

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

a.

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.

a.

Regulations issued by a state or local agency may affect all of the following aspects of a business's operations except a. compliance with conflicted federal agency regulations b. relations with employees and unions c. product manufacturing and marketing d. capital structure and financing

a.

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 157 A.D.3d 486, 69 N.Y.S.3d 26. "157" is a. the number of the volume in the official reports of the court's decisions. b. a page number in the referenced volume. c. the number of the case in its chronological sequence. d. the number of the volume in an unofficial report of the court's decisions

a.

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

a.

administrative law includes a. the rules, orders, and decisions of a government agency b. all laws that affect business operations c. laws enacted by a legislative body d. model laws developed by the national conference of commissioners on uniform state laws

a.

An injunction is a. a departure from precedent. b. an order to do or to refrain from doing a certain act. c. the cancellation of a contract. d. a payment of money.

b.

Cyberlaw is a. a new type of law. b. law that relates to the online environment. c. a classification of law. d. all of the choices.

b.

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 not in line with the judge's personal values. b. is incorrect or inapplicable. c. would not bring about the result the judge prefers. d. would lead to unintended consequences.

b.

The United States Supreme Court issues an opinion that can be found at __ U.S. __, 138 S.Ct. 617, 199 L.Ed.2d 501. "617" is a. the number of the case in its chronological sequence. b. a page number in the referenced volume. c. the number of the volume in an unofficial report of the Court's decisions. d. the number of the volume in the official reports of the Court's decisions.

b.

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

b.

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

c.

Believing that a higher, or universal, law exists that applies to all human beings, and that each written law should reflect the principles inherent in this higher law, is a. legal realism. b. the historical school of legal thought. c. the natural law tradition. d. legal positivism.

c.

In Peyton v. Quality Motors, 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 Rikki v. Street Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to a. require the minor to fulfill the contract b. order the minor to cancel the contract c. allow the minor to cancel the contract d. disregard the Peyton cause

c.

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

c.

In deciding a case of first impression, appropriate sources for a court to consider include all of the following except a. a gov policy based on widely held social values b. issues of fairness c. a poll of those present in the courtroom at the time of the decision d. legal authorities that are not binding on the court

c.

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

c.

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

c.

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 defendant. c. the plaintiff. d. the persuasive authority.

c.

once a court has applied a principle to a certain set of facts, that principle must be applied in future cases involving a. different facts b. no particular facts c. similar facts d. any facts

c.

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

d.

Ordering a party to perform what was promised is a. an unenforceable demand. b. beyond the court's authority. c. an action. d. an equitable remedy.

d.

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. marketing manager b. Human Resources manager c. accounting and finance manager d. all of the choices

d.

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

d.

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

d.

the Florida legislature enacts a state law that violates the US constitution. this law can be enforced by: a. the state of Florida only b. the federal government only c. the US Supreme Court only d. no one.

d.