BUS LAW Quiz 1

As a judge, Baxter applies common law rules. These rules develop from a. decisions of the courts in legal disputes. b. regulations issued by administrative agencies. c. statutes enacted by Congress and the state legislatures. d. uniform laws drafted by legal scholars.

A

In Benny v. City 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 Auto Deals, 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 Benny case. c. order the minor to cancel the contract. d. require the minor to fulfill the contract.

A

In a suit against Ian, Jenna obtains an injunction. This is a. an order to do or to refrain from doing a particular act. b. an order to perform what was promised. c. a payment of money or property as compensation. d. the cancellation of a contract.

A

In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent a. is incorrect or inapplicable. b. is not in line with the judge's personal values. c. would lead to unintended consequences. d. would not bring about the result the judge prefers.

A

Jack enters into a contract with Jill's Farm to provide water for Jill's irrigation needs. Jack fails to deliver. Jill initiates a suit against Jack, asking the court to order Jack to perform. Jill is a. the plaintiff. b. the defendant. c. the binding authority. d. the persuasive authority.

A

James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is a. an equitable remedy. b. an unenforceable demand. c. an action. d. beyond the court's authority.

A

Much of American law is based on a. the English legal system. b. the Spanish legal system. c. the civil law of the Greeks. d. Ancient Chinese law.

A

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute a. administrative law. b. case law. c. constitutional law d. statutory law.

A

The Uniform Commercial Code has been adopted, at least in part, in a. all states. b. forty-five states. c. thirty-five states. d. no state.

A

Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Kevin 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

The branch of law dealing with the enforcement of private rights and duties between parties is a. administrative law. b. civil law. c. constitutional law. d. federal law.

B

Café Espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest-ranking (superior) law is a. a case decided by the Illinois Supreme Court. b. a rule created by a Illinois state administrative agency. c. a provision in the Illinois constitution. d. a statute enacted by the Illinois legislature.

C

Cato and Dolly are involved in a lawsuit. The best definition of a lawsuit is a. a criminal prosecution, not a civil proceeding. b. a failure to perform a legal obligation. c. a judicial proceeding for the resolution of a dispute. d. an enactment of law by a legislative body.

C

Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organizations) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include a. the instructions issued by private associations. b. the orders posted by employers. c. the rules issued by federal administrative agencies. d. the stories released by news agencies.

C

Mike and Nan are involved in a case. The best definition of a case is a. a criminal prosecution, not a civil proceeding. b. a failure to perform a legal obligation. c. a judicial proceeding for the resolution of a dispute. d. a type of regulation applied to a business.

C

There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. The court can consider, among other things, a. the opinions of the friends and relatives of the judge. b. the results of a poll of those in the courtroom. c. public policy or social values. d. none of the choices.

C

Criminal law is concerned with a. the prosecution of private individuals by other private individuals. b. the prosecution of public officials by private individuals. c. the relief available when a person's rights are violated. d. wrongs committed against the public as a whole.

D

Data Analytics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as a. hiring and firing decisions. b. the manufacturing and marketing of products. c. business financing. d. all of the choices.

D

Hector is a state court judge. Ilena appears in a case in Hector's court, claiming that Jacob breached a contract. Possible remedies include a. compensation to Hector for a favorable ruling. b. imprisonment. c. a criminal fine. d. an award of damages.

D

If a provision in the California state constitution conflicts with a provision in the U.S. Constitution a. neither provision applies. b. the provisions are balanced to reach a compromise. c. the state constitution takes precedence d. the U.S. Constitution takes precedence.

D