Ch. 1
The Clean Water Act is an example of _____.
A statute is a written law enacted by the legislative branch of the federal or state government that establishes certain courses of conduct to which covered parties must adhere. The Clean Water Act, which regulates the quality of water and restricts water pollution, is an example of a federal statute.
_____ provides that the U.S. President, with the advice and consent of two-thirds of the Senate, may enter into treaties with foreign governments.
A treaty is a compact made between two or more nations. According to the U.S. Constitution, the President, with the advice and consent of two-thirds of the Senate, may enter into treaties with foreign governments. Treaties become part of the supreme law of the land.
The U.S. Constitution is an example of which school of law?
Natural Law School
The principles enumerated in ___________ are extremely broad because the founding fathers intended them to be applied to evolving social, technological, and economic conditions.
The Constitution of the United States of America is the supreme law of the land. This means that any law—whether federal, state, or local—that conflicts with the U.S. Constitution is unconstitutional and therefore unenforceable. The principles enumerated in the U.S. Constitution are extremely broad because the founding fathers intended them to be applied to evolving social, technological, and economic conditions. The U.S. Constitution is often referred to as a "living document" because it is so adaptable
The doctrine of stare decisis does all of the following EXCEPT ____________.
Adherence to precedent is called the doctrine of stare decisis ("to stand by the decision"). The doctrine of stare decisis promotes uniformity of law within a jurisdiction, makes the court system more efficient, and makes the law more predictable for individuals and businesses.
Adherence to past court decisions so that they become precedent for deciding future cases is known as __________.
Based on common law tradition, past court decisions become precedent for deciding future cases. Adherence to precedent is called the doctrine of stare decisis ("to stand by the decision").
This content and assignments for textbook will help you develop the following career skills EXCEPT __________.
Court cases presented throughout the text will develop your critical legal thinking skills. Some cases push beyond legal thinking, and into the question of ethical thinking. As you pick apart complex cases and legal issues, you will develop your analytical thinking skills. Class discussion, homework, and content found in MyBLab Business Law will develop your written and oral communication skills. This book—its content, cases, special features, critical thinking questions—and other material and assignments, will well prepare you to solve actual business issues.
English common law was developed by _____.
English common law was developed by judges who issued their opinions when deciding cases. The principles announced in these cases became precedent for later judges deciding similar cases.
Laws that make discrimination in employment illegal is an example of which school of law?
Sociological School
The _____ School of jurisprudence asserts that the law is an aggregate of social traditions and customs that have developed over the centuries
The Historical School of jurisprudence asserts that the law is an aggregate of social traditions and customs that have developed over the centuries. It represents the belief that changes in the norms of society will gradually be reflected in the law.
Legal cases are usually examined using the IRAC method because _____.
The IRAC method is an acronym that stands for issue, rule, application, and conclusion. It is used to examine legal cases because it requires the decision-maker to use critical thinking in applying the law to the facts of the case.
Why do so many law professors use the Socratic method in their classrooms?
The Socratic method consists of the professor asking students questions about a case or legal issue to stimulate critical thinking by the students. This process consists of a series of questions and answers and a give-and-take inquiry and debate between a professor and the students. The Socratic method stimulates class discussions. Good teachers recognize and focus on the questions and activities that stimulate the mind
How does Brown v. Board of Education show the flexibility of the law?
The U.S. Supreme Court overturned a past decision of the Court.
Why does the U.S. Supreme Court, which is comprised of nine justices, often issue non-unanimous decisions?
The U.S. Supreme Court, which is comprised of nine justices, often issue non-unanimous decisions because each justice has analyzed the facts of a case and the legal issue presented, applied critical legal thinking to reason through the case, and come up with his or her own conclusion.
Which of the following approaches has been used to deal with the new digital and information technology environment?
The information age arrived before new laws were written that were unique and specific to this environment. Courts have applied existing laws to the new digital and technological environment by requiring interpretations and applications. In addition, new laws have been written that apply specifically to this new digital and information technology environment.
According to English common law, the only relief available in _______________ was a monetary award for damages.
To create a uniform system of law, English common law was developed by judges who issued their opinions when deciding cases. The principles announced in these cases became precedent for later judges deciding similar cases. According to English common law, the only relief available in law courts was a monetary award for damages.
The _____ system of law was the foundation from which American judges first developed a common law in the colonies.
When the American colonies were first settled, the English system of law was generally adopted as the system of jurisprudence. This was the foundation from which American judges developed a common law in America.
Which of the following is NOT a function of law?
changing the status quo
Some laws prohibit discrimination in employment. These laws promote which of the following primary functions of law?
promoting social justice
Some laws prevent the forceful overthrow of the government. These laws promote which of the following primary functions of law?
maintaining the status quo
