BLAW320 ch1

Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on a. Congress. b. administrative agencies that oversee agricultural products. c. the United States Supreme Court. d. the president of the United States.

a. Congress

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

a. a doctrine under which judges follow established precedents.

In Beto v. Car Dealership, 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 Dora v. Even Steven Autos, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to a. allow the minor to cancel the contract. b. disregard the Beto case. c. order the minor to cancel the contract. d. require the minor to fulfill the contract.

a. allow the minor to cancel the contract.

The Uniform Commercial Code facilitates commerce a. among the states. b. between the states and the federal government. c. in countries that were once colonies of Great Britain. d. in international markets.

a. among the states

The Uniform Commercial Code provides a set of rules governing a. commercial transactions. b. state legislative adoptions. c. congressional procedures. d. administrative processes.

a. commercial transactions

To benefit from international trade, individual nations agree to be governed by a. international law. b. the Uniform Commercial Code. c. none of the choices. d. the laws of other nations.

a. international law.

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

a. monetary damages

The Montana legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by a. no one. b. the federal government only. c. the state of Montana only. d. the United States Supreme Court only.

a. no one.

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

a. statutory law

The basis of all law in the United States is a. the U.S. Constitution. b. laws passed by Congress. c. case law. d. regulations created by administrative agencies.

a. the U.S. Constitution.

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

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

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

b. a remedy

Applying the relevant rule of law to the facts of a case requires a judge to find previously decided cases that, in relation to the case under consideration, are a. as different as possible. b. as similar as possible. c. at odds. d. exactly identical.

b. as similar as possible

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

b. civil law

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

b. limits and powers.

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

b. the geographic area in which a court has the power to apply the law

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 president. c. state legislatures. d. the U.S. Attorney General

b. the president

Administrative law includes a. all laws that affect business operations. b. the rules, orders, and decisions of a government agency. c. model laws developed by the National Conference of Commissioners on Uniform State Laws. d. laws enacted by a legislative body.

b. the rules, orders, and decisions of a government agency.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media. The first step is a. compile the rule with others in the Federal Register. b. draft the rule. c. publish a notice of the proposed rulemaking. d. solicit public comment.

c. publish a notice of the proposed rulemaking

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

c. the plaintiff

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. accounting and finance manager. b. human resources manager. c. marketing manager. d. all of the choices.

d. all of the choices

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

d. obtain a remedy to compensate the injured party.

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution a. neither provision will be enforced. b. both provisions will be enforced. c. the state provision will be enforced only within that state's borders. d. the state provision will not be enforced.

d. the state provision will not be enforced.