Business Law Ch 1-6

Civil law may best be described as: a. the law that governs relations between persons and between persons and the government. b. the common law of taxes. c. federal, not state, law. d. the law governing the relations among nations.

A Civil law governs relations between persons and between persons and the government.

The common law may be described as: a. general legal principles that evolved over time through court decisions. b. a body of rules governing the ownership of the oceans. c. an index of opinions by law professors. d. rules issued by an administrative agency.

A Common law, or judge-made law, is a set of general legal principles that evolved over time through court decisions.

Laws grouped into an organized form are called __________________. A. Equity B. Code C. Common laws D. Statutes

B

The establishment clause: a. prohibits government from creating a state-sponsored religion. b. prohibits the establishment of Buddhist monasteries. c. guarantees that no person can be compelled to do something contrary to his or her religious belief. d. guarantees that churches may not request tithing from their members.

A The establishment clause prohibits the establishment of an official religion.

A decree of specific performance is: a. an order to immediately stop doing something. b. an equitable remedy. c. the same thing as monetary damages. d. an action at law.

B Specific performance is an equitable remedy in which a court orders a party to perform a particular agreement as promised; the remedy will be granted only if monetary damages are inadequate.

A cornerstone of both American and English legal systems is: a. the doctrine of res nullius. b. the doctrine of stare decisis. c. the doctrine of plumbago. d. the doctrine of judicial unfitness.

B Stare decisis, the doctrine of relying on precedent, is a cornerstone of both the American and English legal systems.

Courts traditionally give the right of free speech: a. narrow protection. b. no protection. c. the fullest possible protection. d. protection only in certain cases.

C Courts will protect the right to free speech to the fullest possible extent.

If a law or action prohibits or inhibits some people from exercising a fundamental right, the law or action will be subject to what level of scrutiny by courts? a. Limited scrutiny b. Rational-basis test c. Strict scrutiny d. Intermediate scrutiny

C Strict scrutiny is the proper level of scrutiny for cases involving fundamental rights.

The commerce clause of the U.S. Constitution authorizes: a. the judicial branch to regulate commerce. b. the executive branch to regulate commerce. c. Congress to regulate commerce. d. the states to regulate commerce and foreign trade.

C The commerce clause authorizes Congress to regulate commerce "with foreign nations, and among the several States, and with the Indian Tribes."

Which of the following is not a federal statute protecting privacy rights? a. The Freedom of Information Act b. The Tax Reform Act c. The Protection of Personal Privacy Act d. The Driver's Privacy Protection Act

C There is no such act

Which of the following is not a primary source of law? a. A state constitution b. Case law (court decisions) c. An administrative agency regulation d. A legal encyclopedia

D A legal encyclopedia is a secondary source of law; it is not a primary source of law because it does not establish law but rather organizes and summarizes existing laws and legal doctrines.