Business Law Ch. 1 MindTap

Today, most jurisdictions maintain separate courts of equity and courts of law. a. True b. False

False

The plaintiff is the person who files the original petition with the court to start a lawsuit. a. True b. False

True

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

False

1. Read the following scenario and answer the question in 5-10 sentences. You are the manager of a restaurant in Ohio. Your boss, the regional manager, just called you in to her office and told you that one of your customers has accused one of your hostesses of sexual harassment. Your boss does know a friend who owns a restaurant in Florida who was sued in a similar circumstance and lost. Your boss is worried that this customer might sue but does not want to spend the money on an attorney just yet. To help your boss understand how your case might be different from her friend's case, explain the different types of legal authority that an Ohio court may use to decide a suit against your company and how the Florida case may or may not impact that decision.

...

1. What if the United States Supreme Court had not issued the prior opinion and California courts also had not decided that those clauses contravene a strong public policy? This case would be a case of ____ in California. Without the prior guidance, the California courts likely would look to ____ authorities to help them reason through a decision.

1. first impressions 2. persuasive

AOL, LLC, mistakenly made public the personal information of 650,000 of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have declared in other cases that clauses similar to the AOL clause contravene a strong public policy. 1. In deciding whether to dismiss the suit, the court in California first should look to ____ sources of law, or sources that establish the law. 2. Two important resources for the court in making this decision are the state and federal ____, which outline the powers, and limits to those powers, of the state and federal governments. 3. Another resource for the court are the ____ passed by the United States ____ and the state ____ . 4. If the court cannot find any sources of law that establish or direct their decision to dismiss the suit, the court should then turn to ____ sources of law for guidance. 5. If the California court turns to prior court opinions to determine if it should dismiss the suit, it is looking for____ 6. The system of prior court opinions is called ____ 7. The California court will follow the decision of the United States Supreme Court because of the doctrine of ____ . The United States Supreme Court decision is ____ on the California courts. 8. Because of the United States Supreme Court opinion and the prior California cases regarding clauses of this type, the California court ____ enforce the clause in the contract. 9. Because of the precedent set, the California court ____ dismiss the suit and the case will be heard in ____

1. primary 2. constitutions 3. Statutes; congress; legislatures 4. secondary 5. precedent 6. case law 7. stare decisis; binding 8. will not 9. will not; California

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. A concurring opinion b. A majority opinion c. A plurality opinion d. A dissenting opinion

A dissenting opinion

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

Statutes are enacted by either the U.S. ____ or state ____

Congress; Legislatures

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

Constitutional Law

Match the term to the correct definition. Constitutional law Case law Administrative law Statutory law

Constitutional law- The law as expressed in the U.S. Constitution and state constitutions Case law- The law as stated by judges in their court opinions Administrative law-The rules, orders and decisions of federal, state, or local government administrative agencies. Statutory law- Laws enacted by federal, state, and local legislative bodies.

Case law is based on the decisions made by those who run administrative agencies. a. True b. False

False

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

False

Which of the following would NOT be the subject of a criminal law statute? a. Not performing an employment agreement b. Selling government secrets to another nation c. Injuring someone with a firearm d. Theft

Not performing an employment agreement

Match each of the following types of authority to their correct description. Persuasive authority Binding authority

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- A source of law that a court must follow when deciding a case.

Match each of the following theories of jurisprudence to their correct description. Positivist Historical Legal realism Natural law

Positivist- Law is constructed based on the norms as created by a legislature within the framework of the time in which they are created. Historical- Doctrines that have withstood the passage of time, either unchanged or have evolved with time, help guide us in shaping present laws Legal realism- Customary practices and the circumstances surrounding a transaction guide us in shaping the decision for that situation. Natural law- Legal standards derive from a universality of rights which apply to all human beings.

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

Section; Title

One primary source of American law is: a. the United Nations Universal Declaration of Human Rights. b. the U.S. Constitution. c. the Magna Carta. d. the Declaration of Independence.

The U.S. Constitution

Which of the following is not true of administrative agencies: a. They can be created under the power of the executive branch or Congress. b. They perform specific government functions delegated to them by the legislature. c. They are prohibited from adjudicating disputes regarding their own regulations. d. They create regulations which function like laws.

They are prohibited from adjudicating disputes regarding their own regulations.

Tyler believes that some laws passed by his state's legislature are bad, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people and that it is above all other laws. Tyler subscribes to what school of jurisprudential thought? a. The positivist school b. The historical school c. The natural law school d. The school of legal realism

The natural law schoo

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

True

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

True

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

Uniform Commercial Code

United States Supreme Court opinions can be found in which three of the following reporters? a. Counselor Reference Library (CRL) b. United States Reports (U.S.) c. Lawyers' Edition of the Supreme Court Reports (L.Ed.) d. Federal Register (F.R.) e. Supreme Court Reporter (S.Ct.) f. High Court Reports (H.C.)

United States Reports (U.S.) Lawyers' Edition of the Supreme Court Reports (L.Ed.) Supreme Court Reporter (S.Ct.)

When Congress passes a law, it can be found in which publication? a. United States Acts at Large b. United States Congressional Studies c. United States Statutes at Large d. United States Federal Legislation Records

United States Statutes at Large

In the field of legal research, a "citation" is: a. a reference to United States Supreme Court cases only. b. a reference to a publication in which a legal authority can be found. c. the location of a trial court or court of original jurisdiction. d. a reference to legal charges filed by the federal government against individuals.

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

Assume that Congress passes a law establishing a new administrative agency to oversee cyberterrorism issues. The agency writes rules to enable itself to carry out its duties. The rules written by the agency will be known as: a. constitutional law. b. statutory law. c. a Restatement of the Law. d. administrative law.

administrative law.

Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of the United States and confirmed by the U.S. Senate. He is to serve for a six-year fixed term and cannot be removed without cause (even if there is a change in the president). Joseph is most likely serving in: a. an independent agency. b. a congressional committee. c. an executive agency. d. a cabinet post.

an independent agency.

The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called: a. an ordinance. b. a uniform law. c. an administrative rule. d. a citatio

an ordinance.

The ____ is the party who appeals a lower court's decision.

appellant

Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. In the case, the original defendant (Franklin) is appealing his conviction by the State of Idaho. In the appeals case, Franklin is known as the: a. appellee. b. defendant. c. appellant. d. respondent.

appellant.

The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act: a. becomes the law in every state that has joined the NCCUSL. b. becomes a part of the United States Code and is therefore the law of the land in every state and territory of the United States. c. becomes the law in every state that adopts the uniform act through legislative action. d. automatically becomes the law in every state

becomes the law in every state that adopts the uniform act through legislative action.

Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of: a. injunction. b. specific performance. c. rescission. d. damages.

damages

Enabling legislation: a. creates a subdivision of Congress, made up of Senators and Representatives, to oversee an issue. b. enables the citizens of the United States to gain direct access to the federal courts. c. enables an administrative agency to ignore federal rules and make their own. d. creates an administrative agency and gives the agency powers

d. creates an administrative agency and gives the agency powers

A case comes before a Wisconsin state trial court on the subject of free speech on the Internet. It is a case of first impression, meaning that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to consider: a. public policy. b. social values and customs. c. equitable maxims. d. cases from other jurisdictions.

equitable maxims.

Remedies ____ include specific performance.

in equity

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

independent regulatory agency

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

is considered the supreme over all others

When a court's opinion is not unanimous but most judges in that case agree with it, it is called a: a. majority opinion. b. dissenting opinion. c. concurring opinion. d. unanimous opinion.

majority opinion

A binding authority does NOT include

opinions from experts in the field

Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of: a. courts of equity. b. laches. c. stare decisis. d. constitutional constructionism.

stare decisis.

The Indiana state legislature passes a law increasing the minimum jail time for repeat violent offenders. This law becomes part of a body of law known as: a. uniform law. b. statutory law. c. case law. d. administrative law.

statutory law.

All of the cases that have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as: a. the law of equity. b. the civil law. c. the statutory law. d. the common law.

the common law.

From the following, civil law can best be described as: a. the law that regulates international treaties. b. the law concerned with violations of federal statutes as opposed to state statutes. c. the law that punishes wrongs committed by individuals against society. d. the law that protects private and public rights of individuals.

the law that protects private and public rights of individuals.

The Latin term stare decisis means: a. to stand on the statutory language. b. to stand on decided cases. c. to stand as a witness. d. to stare on principle.

to stand on decided cases.

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