BLW 302 Quiz Chapter 1 Exam 1

A case of first impression is any legal authority or source of law that a court may look to for guidance but need not follow when making its decision. True False

False

A citation is a regulation enacted by a city or county legislative body. True False

False

A court should overturn its precedents unless there is a compelling reason not to. True False

False

Because courts of law and equity have merged, the principles of equity are no longer applied. True False

False

There is one right answer to every legal question. True False

False

With respect to the study of jurisprudence, there is only one school of legal thought. True False

False

A constitution is a primary source of law. True False

True

A local ordinance commonly has to do with a matter concerning only a local governing unit. True False

True

thinking about how similar businesses should and should not act. True False

True

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

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

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

a poll of those present in the courtroom at the time of the decision.

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

all of the choices

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? order the minor to cancel the contract. allow the minor to cancel the contract. disregard the Peyton case. require the minor to fulfill the contract.

allow the minor to cancel the contract.

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

among the states.

Primary sources of law include case law. official comments to statutes. legal treatises. legal encyclopedias.

case law.

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

commercial transactions.

Secondary sources of law include state constitutions laws passed by local governing bodies. legal scholars' research. regulations created by administrative agencies.

legal scholars' research.

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

limits and powers.

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

no one

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

similar facts

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

statutory law.

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

the U.S. Constitution.

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

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

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

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

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

the state provision will not be enforced.

A federal statute applies only to those states that agree to apply it within their borders. True False

False

A secondary source of law establishes the law on a particular issue. True False

False

A statute is a secondary source of law. True False

False

Administrative law plays a relatively insignificant role in the regulatory environment of business. True False

False

Because laws may change, the ability to analyze and evaluate the legal ramifications of situations as they arise is not a lasting skill. True False

False

Civil law has to do with wrongs committed against society for which society demands redress. True False

False

Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific area of the law. True False

False

Courts will not grant an equitable remedy unless the remedy at law is adequate. True False

False

Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders. True False

False

Federal agency regulations do not take precedence over conflicting state regulations. True False

False

In a criminal case, the object is to obtain a remedy. True False

False

The study of business law does not involve an ethical dimension. True False

False

Congress or a state legislature establishes an administrative agency to perform a specific function. True False

True

Controlling precedents are binding authorities. True False

True

Courts often refer to secondary sources of law for guidance in interpreting and applying a primary source of law. True False

True

In the United States, the law consists of written laws and court decisions. True False

True

International law derives from a variety of sources, including the laws of individual nations. True False

True

Often, more than one rule of law will be applicable to a case. True False

True

Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state. True False

True

Rescission is the cancellation of a contractual obligation. True False

True

Rules issued by administrative agencies affect almost every aspect of a business's operations. True False

True

The U.S. Constitution is the basis of all law in the United States. True False

True

The basis of a civil law system is a written code of laws. True False

True

The common law is a body of law developed from judicial decisions. True False

True

The doctrines and principles announced in court decisions govern all areas not covered by statutory or administrative law. True False

True

The legal rules that control a business's actions reflect past and current thinking about how similar businesses should and should not act. True False

True