BUSI LAW CH. 1

Select the order for the following words to form the basic steps in legal reasoning: a. Conclusion b. Rule c. Issue d. Application

1. c 2. b 3. d 4. a

stare decisis

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions ("to stand on decided cases.")

precedent

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

administrative agency

A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment

ordinances

A law passed by a local governing unit, such as a city or a county (low level laws)

uniform laws

A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law (sales and lease contracts)

independent regulatory agencies

An administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without cause

executive agencies

An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments

A court decision from England in 1709: A.Cannot be the law in Alabama today. B.May be the law in some states but not in others C.Does not affect the U.S. Common Law. D.All of the above E.None of the above

B.May be the law in some states but not in others

Sociological school

Berney Sanders, Bill Clinton

Court decisions under the Common Law: A.Stand on their own and only affect the parties in the case. B.Are totally independent of other cases. C.Affect future cases in many circumstances D.A. and B. above E.None of the above

C. affect future cases in many circumstances

Historical school

Clarence Thomas

Statutes, which are primary sources of law, come from the U.S. ____________ and state and local _____________ .

Congress; legislatures

natural law school

Dr. Martin Luther King and James Madison

command school

Joseph Stalin, Maduro

constitutional law

Law that is based on the U.S. Constitution and the constitutions of the various states.

Law and Economics school

Milton Friedman

legal reasoning

The process of reasoning by which a judge harmonizes his or her opinion with the judicial decisions in previous cases

Select three types of persuasive authority which judges may use in cases of first impression. a. nonbinding precedents from other jurisdictions b. news reports from other jurisdictions c. public policy issues d. unpublished opinions e. personal philosophies

a. nonbinding precedents from other jurisdictions c. public policy issues d. unpublished opinions

Law can be divided into which of the two following categories? a. procedural law b. good law c. bad law d. administrative law e. substantive law f. constitutional law

a. procedural law e. substantive law

Civil law, as opposed to criminal law, can best be described as: a. the law that governs relations between persons. b. the law that governs relations between nations. c. the law concerned with wrongs against society. d. the law concerned with court processes.

a. the law that governs relations between persons.

The Federal Trade Commission is an example of:

an independent regulatory agency

Natural law school

assumes law, rights, and ethics are based in universal moral principles inherent in nature discoverable through human reason (universal law applies to all human beings)

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. ​as similar as possible

n 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 not in line with the judge's personal values. b. ​is incorrect or inapplicable. c. ​would lead to unintended consequences. d. ​would not bring about the result the judge prefers.

b. ​is incorrect or inapplicable

United States Supreme Court opinions are ____________ until they are overruled by the Supreme Court or Congress.

binding authority

Which of the following CANNOT be at issue in criminal law? a. A law against stealing b. A law against injuring someone with a firearm c. A law against not performing an employment agreement d. A law against selling government secrets to another nation

c. A law against not performing an employment agreement

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

c. The U.S. Constitution

Administrative agencies are created to: a. provide more efficient government office management. b. act as a buffer between the executive and legislative branches of government. c. perform specific government functions delegated to them by the legislature. d. issue proclamations and edicts on behalf of the executive branch.

c. perform specific government functions delegated to them by the legislature.

Generally speaking, the Restatements of Law: a. are used only by courts of equity b. are not used as much as they were historically c. summarize the common law rules followed by most states.

c. summarize the common law rules followed by most states

Erin believes that a higher, or universal, law exists that applies to all human beings. Erin asserts that each written law should reflect the principles inherent in this higher law. Erin​ a. ​is a legal realist. b. ​is a legal positivist. c. ​adheres to the natural law tradition. d. ​adheres to the historical school of legal thought.

c. ​adheres to the natural law tradition.

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

constitutional law

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

d. to stand on decided cases

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

d. ​decisions of the courts in legal disputes.

Reba is a state court judge. In her court, legal and equitable remedies have merged. In these circumstances, distinguishing between these types of remedies is​ a. ​not important because legal remedies cannot be granted today. b. ​important so that statistical data on the remedies can be compiled. c. ​not important because equitable remedies cannot be granted today. d. ​important so that the proper remedy can be requested.

d. ​important so that the proper remedy can be requested.

Historical School

doctrines that have withstood the passage of time help guide us in shopping present laws

Law and Economics School

economics underlie virtually all law

what is the most important function of the law to business

facilitating planning

According to Mr. Cochran the aim of American society is that we all should be equal.

false

Adherents to the Law and Economics School of Jurisprudential Thought believe that the law should reflect the best economic alternative

false

Although it wasn't stated in the Shute case opinion of the U.S. Supreme Court, it was obvious that Mrs. Shute suffered a serious injury.

false

Business people should let lawyers worry about the law

false

Case law is based on the decisions made by those who run administrative agencies.

false

Courts do not depart from precedents.​

false

In the English system, upon which the American system is based, "remedies at law" consisted of any action or order that would correct the wrong

false

The U.S. Congress passes federal statutes which do not apply to states, but only to the federal government.

false

The term common law refers to law that is common throughout the world

false

cyberlaw is a new type of law

false

Shute U.S. Supreme Court

found for Carnival, Economics school

Shute 9th circuit court:

found for Mrs. Shute, sociological school

Shute case trial court:

held precedent, found for Carnival, historical school

remedies ___________ include specific performance

in equity

statutory law

laws enacted by elected official or representative (federal, state, and local legislative bodies)

A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include

opinions from trusted newspapers

Part of common law tradition relies on the doctrine of __________________

stare decisis

case law

the law as stated by judges in their court opinions (Case law interprets statutes, regulations, constitutional provisions, and other case law) (mostly based on English Common Law)

Sociological School

the law is just another tool with which to correct social injustice now

administrative law

the rules, orders, and decisions of federal, state, or local government administrative agencies

Of the U.S. laws, including state laws, the U.S. Constitution is

the supreme law of the land

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

true

Case law is derived from judges' decisions for actual case

true

Laws and government regulations affect almost all business activities

true

Many different laws may affect a single business transaction.​

true

State constitutions are a primary source of law

true

The stability and predictability of the law are essential to business activities.​

true

a case of first impression is a case without precedent

true

common law governs transactions not covered by statutory law

true

If the U.S. 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

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

uniform commercial code

Command School

whoever holds the power makes the law and everyone else must obey