Business Law Quiz 1

legal realism

customary practices and the circumstances surrounding a transaction guide us in shaping the decision for that situation

when congress passes a law, it can be found in which publication?

United States statutes at large

statutory laws

laws enacted by federal, state and local legislative bodies

ordinances

laws, rules or orders passed by local (e.g., city or county) governing body that only apply within the geographic limits of that municipality; cannot contradict the U.S. Constitution, the relevant state constitution, or other federal or state law

which of the following would NOT be the subject of a criminal law statute?

not performing an employment agreement

remedy

relief granted to an innocent and injured party to enforce a right or as compensation for the violation of a right by a guilty party

One of the major functions of all administrative agencies is:

rule making

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

section, title

administrative laws

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

The Latin term stare decisis means:

to stand on decided cases.

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

true

A state's constitution is a primary source of law in that state.

true

Judges use precedent when deciding a case in a common law legal system.

true

The U.S. Constitution is the supreme law of the United States.

true

constitutional laws

the law as expressed in the U.S constitution and state constitutions

A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional.

true

If the United States 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

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

uniform commercial code

case law

the law as stated by judges in their court opinions

United States Supreme Court opinions can be found in which three of the following reporters?

- United states reports - Supreme court Reporter - Lawyers' edition of the Supreme court reports

administrative law

Rules, orders, and decisions established by administrative agencies of the federal, state, or local governments to carry out their duties

procedural law

establish the methods of enforcing the rights established by substantive law

natural law

legal standards derive from a universality of rights which apply to all human beings

Which of the following is not a federal agency?

Congress.

What if the U.S. Constitution stated that animal owners do not have to pick up the feces deposited by their animals on private property, and I challenged the validity of the Superior Town Ordinance?

I would win because a local ordinance cannot conflict with the U.S. Constitution.

case law

Rules, doctrines, and principles established by judges in court decisions which govern all areas not covered by statutory law or administrative law

Which of the following is not true of administrative agencies:

They are prohibited from adjudicating disputes regarding their own regulations.

What if the Arizona State Constitution stated that animal owners do not have to pick up the feces deposited by their animals on private property, and I challenged the validity of the Superior Town Ordinance?

We need more information, such as: whether the Colorado Constitution addresses this issue; whether the Colorado state legislature has addressed this issue; and whether the U.S. Constitution addresses this issue.

precedent

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

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 dissenting opinion

stare decisis

a doctrine under which judges are obligated to follow the precedents established in prior decisions (in their jurisdiction) when deciding new cases

primary source of law

a document that establishes the law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision

Which of the following is not a primary source of law?

a legal encyclopedia

secondary source of law

a publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review; can provide guidance to a court

persuasive authority

any legal authority or source of law a court may look to for guidance but need not follow when deciding

persuasive authority

any legal authority or source of law that a court may look to for guidance but does not need to follow when making a decision

binding authority

any source of law that a court must follow when deciding a case

the __________ is the party who appeals a lower court's decision

appellant

Statutes are enacted by either the U.S. _____________ or state ___________

congress, legislatures

Case law is based on the decisions made by those who run administrative agencies.

false

In a case title at the appellate court level, the first party name is always the plaintiff at the trial court level

false

The Federal Trade Commission is an example of a(n):

independent regulatory agency

criminal law

involves laws established to identify wrongs committed against society for which society demands redress

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

is considered the supreme over all others

positivist

law is constructed based on the norms as created by a legislature within the framework of the time in which they are created

Which of the following is nota source of American law?

model statute

In early England, common law rules developed from the:

principles underlying judges' decisions in actual legal controversies.

civil law

spells out the rights and duties that exist between persons and their governments, and the relief available when a person's rights are violated

From the following, civil law can best be described as:

the law that protects private and public rights of individuals

The plaintiff is the person who files the original petition with the court to start a lawsuit

true

Which of the following statements is trueregarding the Superior Town Ordinance?

- It is an example of statutory law. - Like many other laws created by the legislative bodies in America, it does not account for every scenario involving dog feces; for example, it does not include a timing element.

Which of the following is a power that can be granted to an agency via enabling legislation passed by a legislative body?

- rule making - enforcement and investigation - adjudication

statutory law

Body of law enacted by legislative bodies

One primary source of American law is:

The U.S Constitution

in the filed of legal research, a "citation" is:

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

binding authority

a source of law that a court must follow when deciding a case

While Samantha was driving to school, she stopped at a stoplight and was struck from behind by Nathan's car. Samantha was injured, and her car was damaged, and she filed a lawsuit against Nathan to recover for her losses. This case is an application of:

civil law

if one nation violates international law, it is up to other nations to use persuasion or ___________ actions such as severance of diplomatic relations, __________, sanctions, or armed conflict

coercive, boycotts

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

constitutional law

Enabling legislation:

creates an administrative agency and gives the agency powers.

substantive law

define, describe, regulate, and create legal rights and obligations

historal

doctrines that have withstood the passage of time, either unchanged or have evolved with time, help guide us in shaping present laws

Today, most jurisdictions maintain separate courts of equity and courts of law.

false

When the Colorado legislature enacts a statute, the citizens of Arizona (in Arizona) are obligated to follow that statute unless Congress has enacted a similar statute.

false

When the U.S. Congress passes federal statutes, states are not obligated to follow them.

false

Remedies ___________ include specific performance.

in equity

When a court's opinion is not unanimous but most judges in that case agree with it, it is called a:

majority opinion

The legislature of the state of Missouri enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies:

only in Missouri

A binding authority does NOT include:

opinions from experts in the field

Administrative agencies are created to:

perform a specific government function

defendant

person against whom such an action is brought

plaintiff

person who brings an action claiming wrongdoing by another person

When Overseas Exports, Inc., based in New York, does business internationally, the firm may be subject to international law. The sources of this law include:

the laws of individual nations, and treaties and international organizations.