ACT 324 Chapter 1

Which of the following is true regarding treaties at the federal level? A. A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate. B. A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the House of Representatives. C. A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate and also by two-thirds of the House of Representatives. D. A treaty is generally negotiated by the executive branch and no approval by the Senate or House of Representatives is needed. E. A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate and also by two-thirds of the state legislatures.

A. A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate.

Which of the following cases overturned prior precedent? A. Brown v. Board of Education B. Wygant v. Jackson Board of Education C. Planned parenthood of Southeastern Pennsylvania v. Casey D. Plessy v. Ferguson E. Precedent cannot be overturned

A. Brown vs. Board of Education

The type of law involved in comparing laws between the U.S. and Zeno is ____. A. Comparative law B. Contributory law C. Comprehensive law D. Complete law E. Delineated law

A. Comparative law

Which of the following would be relevant areas of business law to a human resource manager? A. Contracts, employment and labor law, and employment discrimination B. Contracts only C. Contracts and labor law, but not employment discrimination D. Employment and labor law, but not contracts E. Human resource managers hold administrative positions and are not concerned with areas of business law

A. Contracts, employment and labor law, and employment discrimination

Assume the Securities and Exchange Commission prosecutes someone for insider trading. This prosecution is an example of _____ law. A. Criminal B. Procedural C. Civil and natural D. Natural E. Positive

A. Criminal

Which type of law involves incidents in which someone commits an act against the public as a unit? A. Criminal B. Procedural C. Civil D. Natural E. Positive

A. Criminal

If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on _____ law. A. Public B. Preferential C. Consensual D. Private E. Black letter

A. Public

The _______ is the supreme law of the land. A. U.S. Constitution B. Declaration of Independence C. U.S. Code D. Model Law E. Uniform Code

A. US constitution

Legislative acts passed by the U.S. Congress can be found in the ______. A. United States Code B. State codes C. Uniform Register D. State Reporter E. State Reference Manual

A. United States Code

The law in Molly's state regulating cell phone usage would be classified as which of the following? A. A statute B. A type of common law C. An executive order D. A uniform law E. A negative law

A. a statute

Which approach to jurisprudence is based on choosing alternatives that maximize benefits and minimize costs, and is tied to the pursuit of efficiency? A. Cost-benefit analysis B. Legal realism C. Historical school D. Legal positivism E. Executive positivism

A. cost-benefit analysis

Alice's plan to obey all laws and regulations even if she does not agree with them is rooted in which of the following? A. Legal positivism B. The historical school C. Legal realism D. Natural law E. Cost-benefit analysis

A. legal positivism

The prosecution against Susan for slapping Bob involves which of the following? A. Public law and criminal law B. Private law and criminal law C. Private law and civil law D. Public law and civil law E. Civil law and criminal law

A. public law and criminal law

Which of the following refers to the ability to understand the structure of what someone is saying and then apply a set of criteria to evaluate its worth? A. Absolute skills B. Critical-thinking skills C. Cost-benefit skills D. Reviewability skills E. Traditional lawyer skills

B Critical-thinking skills

Joan comes to Mike's law office to ask him about the law in regard to dogs running at large in her neighborhood. Mike tells Joan that he will research the issue and get back with her. Where should Mike look first in order to locate applicable law? A. Restatements B. State statutes C. Case law D. The state constitution E. Executive orders

B State Statutes

Assume a judge writes that she is deciding to enforce a law in question but that her decision does not mean that she sees the law as the morally correct rule. The judge would have leanings in the direction of ______. A. Legal positivism B. Natural law C. Legal realism D. Conscience reaction E. Concluding law

B. Natural law

The term ______ involves the use of past decisions to guide future decisions. A. Commonality B. Precedent C. Restatement D. Uniformity E. Modeling

B. Precedent

Which of the following is an independent agency? A. The Federal Deposit Insurance Corporation B. The Consumer Product Safety Commission C. The General Services Administration D. The Small Business Administration E. The Office of Personnel Management

B. The consumer product safety commission

Alice's plan to seek change through following what others have done in the past, petitioning city council, is rooted in which of the following? A. Legal positivism B. The historical school C. Legal realism D. Natural law E. Cost-benefit analysis

B. The historical school

Molly's reference to precedent involves which of the following? A. Statutory law that governs civil actions unless revoked by new common law B. Common law that is law unless revoked by new statutory law C. Administrative law that is law unless revoked by new common law D. Executive decisions that are law unless revoked by new administrative law E. Administrative law that is law unless revoked by new executive decisions

B. common law that is law unless revoked by new statutory law

The officer's reference to the need for Molly to obey duly authorized law is a reference to which of the following? A. The historical school of law B. Legal positivism C. Natural law D. Legal realism E. Stare decisis

B. legal positivism

Which of the following is based on the idea that, when ruling on a case, judges consider more than just the law; they also weigh factors such as social and economic conditions? A. Cost-benefit analysis B. Legal realism C. Historical school D. Legal positivism E. Executive positivism

B. legal realism

The concept of _____ suggests that individuals should have the freedom to disobey a law enacted by people if their conscience goes against the law and they believe the law is wrong. A. Legal positivism B. Natural law C. Legal Realism D. Conscience reaction E. Comparative law

B. natural law

Legislative acts passed by state legislatures can be found in the ______. A. U.S. Code B. State codes C. Uniform Register D. State Reporter E. State Reference Manual

B. state codes

The rules and regulations put forth by legislatures are referred to as _______ law. A. Administrative B. Statutory C. Uniform D. Proper E. Secondary

B. statutory

Which type of law delineates the rights and responsibilities involved in relationships between persons and their government? A. Criminal B. Procedural C. Civil D. Natural E. Positive

C. Civil

"To the Dogs." Alice loves all animals and is starting a new grooming business for them. She believes that animals are very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Alice thinks, however, some local regulations make no sense. For example, there is a local ordinance that all dogs must be kept on a leash at all times when not in an inside area. Although Alice is placing her business on a large lot with a fenced outside area allowing plenty of room for dogs to run free, she plans to obey the leash regulation and all others. She is aware, however, that some members of the community have had success in changing local regulations by petitioning city council. Alice plans to proceed in that manner to attempt a change in the leash law. Alice's idea that dogs have basic rights, and her plan to exceed laws involving cleanliness and health standards is rooted in which of the following? A. Legal positivism B. The historical school C. Legal realism D. Natural law E. Cost-benefit analysis

D. Natural law

Laws are enforced by which of the following? A. State legislatures B. Federal Congress C. Community consensus D. Courts E. The executive branch

D. Courts

Assume a business person who owns a computer equipment store is delinquent in paying rent to the landlord. The resulting dispute focuses on _____ law. A. Public B. Preferential C. Consensual D. Private E. Black letter

D. Private

The ______ is a body of law significant to business activities including sales, banking, and warranty. A. Federal Business Code B. Model Business Code C. Uniform Transactional Model D. Uniform Commercial Code E. Marketing Transaction Code

D. Uniform commercial code

Which of the following is true regarding administrative agencies? A. There are state administrative agencies, but no federal administrative agencies. B. There are federal administrative agencies, but no state administrative agencies. C. There are state and federal administrative agencies, but no local administrative agencies. D. Administrative agencies exist only at the local county level. E. Administrative agencies exist at the federal, state, and local level.

E. administrative agencies exist at the federal, state, and local level.

Case law can be revoked by ______. A. New statutes B. Precedent C. Stare decisis D. Critical law E. Case law cannot be revoked

E. case law cannot be revoked

"Inattentive Driving." Molly, a first year law student, decided to skip class and drive off campus to check on her new dress for the upcoming school dance. While driving, Molly is busy talking on her cell phone with her friend Sharon to convince her to going to the dance with Molly's brother who has a big crush on Sharon. Unfortunately for Molly, there is a statute in her state outlawing talking on a cell phone while operating a motor vehicle. Molly crashes into the side of Sam's new convertible when she looks down to pick up a can of soda she just dropped onto her new jeans. A police officer just down the street comes over to investigate. Molly explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Sam comes along. He is furious regarding the significant dent in his new car. Molly says she has insurance and that she will cover the whole incident. Sam says that is insufficient; but Molly says that under case precedent, that is his only remedy. The officer is annoyed because it is his lunch break. He tells Molly that she must obey duly authorized law, and proceeds to write several citations to her. Which type of law is involved in the above situation considering Molly's interaction with both the officer and Sam? A. Public law but not private law B. Private law but not public law C. Civil law and private law but not public law D. Criminal law and public law but not private law E. Public law, private law, civil law, and criminal law

E. public law, private law, cvil law, and criminal law

Because of the law, we rely on the goodwill and dependability of one another.

False

Constitutions and statutes are complete in the sense of covering the detailed rules that affect government and business relations.

False

The term "natural law" is another word for "legal positivism."

False

The term "stare decisis" means "reversing the decision."

False

Which of the following is an executive agency? A. The Federal Deposit Insurance Corporation B. The Federal Trade Commission C. The Securities and Exchange Commission D. The Federal Communications Commission E. The Nuclear Regulatory Commission

The Federal Deposit Insurance Corporation

Another name for case law is common law.

True

Business law consists of the enforceable rules of conduct that govern commercial relationships.

True

Case law interpretations are law unless they are revoked later by new statutory law.

True

Cyberlaw is based primarily on existing laws.

True

Presidents claim the power to issue executive orders on the basis of their Article II, Section 1, constitutional power to "take care that the laws be faithfully executed."

True

Public law controls disputes between private individuals or between groups and their government.

True

The decision of a state supreme court is binding on a lower state court located in the state.

True

"International Expansion." Zach wants to expand his coffee business internationally - into Zeno, a small remote country. He moves there temporarily in order to oversee operations. His best friend Zora asks him if he plans to hire legal counsel for the expansion. Zach replies, "Of course not. The U.S. has the strictest laws regarding contracts, employment, and business practices in the world. So long as I'm legal in the U.S., I'm legal anywhere. Besides, I studied up on Zeno law ten years ago, and I know it all." Zach proceeds and lands in jail in Zeno for violating recently passed laws protecting employees and mandating certain benefits. Authorities there claim that he sexually harassed an employee, failed to pay sufficient wages, and failed to give employees Zeno's mandated 12 weeks of paid vacation per year. Which of the following is true regarding Zach's defense that he thought he knew the law of Zeno because he had studied it some years before and that the laws under which he was arrested were new? (Assume the law of Zeno is the same as the U.S. on this issue.) A. Rules change and Zach had a duty to stay current. It is not a defense that he studied the law at one time and that the laws at issue were new. B. Zach is entitled to rely as a defense on the fact that he had studied the law at one time. Officials in Zeno were charged with publicizing any changes. C. If Zach can prove that the laws at issue were passed within the last twelve months before he was arrested, he will get out of jail because there is a twelve month grace period for new laws. D. If Zach can prove that the laws at issue were passed within the last six months before he was arrested, he will get out of jail because there is a six month grace period for new laws. E. Zach cannot be prosecuted so long as he was not aware he was violating the law. He did not have the requisite intent to perform a criminal act regardless of whether the laws were new. Business managers must pay attention to changes in the law and cases in which new precedents are set and take them into account when making business decisions.

A. rules change and Zach had a duty to stay current. It is not a defense that he studied the law at one time and that the laws at issue were new.

Which of the following is reported in the United States Code? A. Statutes B. Executive orders C. Common law D. Administrative law E. Local ordinances

A. statutes

In which school of jurisprudence is the concept of stare decisis rooted? A. The historical school B. Legal realism C. The cost-benefit analysis school D. Positivism E. Cultural reenactment

A. the historical school

Candy wants to start an Internet business doing business domestically as well as internationally. She is told by the Chinese government that certain items on her site are objectionable and illegal, and that if she wants to do business in China, she must remove the objectionable material. Which of the following is true? A. Candy is within her rights and should stand her ground. She is a U.S. citizen, and so long as she obeys U.S. laws, she can do business in China. B. Candy is within her rights only if she petitioned her state senator and obtained his or her permission to proceed. C. If Candy wants to do business in China, she must abide by Chinese law. D. By international law, there is a set fee of $10,000 that Candy can pay if she wants to obey only U.S. law. If she pays that amount, she can continue in China without any modification. E. By international law, there is a set fee of $5,000 that Candy can pay if she wants to obey only U.S. law. If she pays that amount, she can continue in China without any modification.

C. If candy wants to do business in China, she must abide by Chinese law.

The group that urges states to enact model laws to provide greater uniformity of law is called the ______. A. Model Law on Uniform State Laws Organization B. Federal Uniform Law Commission C. National Conference of Commissioners on Uniform State Laws D. Model and Uniform Law Consortium E. Uniform Statutory Enforcement Commission

C. National Conference of Commissioners on Uniform State Laws

Which of the following is reported in the Federal Reporter? A. Statutes B. Executive orders C. Common law D. Administrative laws E. Local ordinances

C. common law

Which of the following is true regarding Molly's predicament? A. Molly can be given a ticket and prosecuted criminally by government officials, but she cannot be sued for a civil violation. B. Molly can be sued for a civil action and must pay for Sam's car, but she cannot be prosecuted for a criminal violation. C. Molly can be sued in a civil action by Sam, and she can also be prosecuted by the government for a criminal violation. D. So long as Molly has insurance and can pay for Sam's vehicle damage, she cannot be prosecuted in a civil or criminal action. E. Sam can prosecute Molly in a criminal action, but he cannot sue her in a civil action.

C. molly can be sued in a civil action by Sam, and she can also be prosecuted by the government for a criminal violation

When courts rely on precedent, they are obeying ______. A. Common analysis B. Res judicata C. Stare decisis D. In rem process E. Federal law

C. stare decisis

Which of the following is true regarding Zach's legal problems in Zeno? A. Zach can rely upon the federal statutory laws of the U.S. as a defense but not the U.S. Constitution. B. Zach is entitled to all U.S. Constitutional rights in Zeno because he is a U.S. citizen, but he cannot rely on statutory law. C. Zach can rely on U.S. laws as a defense only if he obtains an opinion from the office of the U.S. attorney that his operations in the U.S. have strictly complied with the law. D. Zach must obey the laws of Zeno when operating a business in Zeno and cannot rely upon U.S. laws as a defense. E. Zach can rely upon the federal statutory laws of the U.S. as a defense. Additionally, Zach is entitled to all U.S. Constitutional rights in Zeno because he is a U.S. citizen.

D. Zach must obey the laws of Zeno when operating a business in Zeno and cannot rely upon U.S. laws as a defense.

Which of the following is reported in the Code of Federal Regulations? A. Statutes B. Executive orders C. Common law D. Administrative law E. Congressional orders

D. administrative law

The action Bob has against Betty for defamation involves which of the following? A. Criminal law and public law B. Civil law and public law C. Insider law and public law D. Civil law and private law E. Administrative law and public law

D. civil law and private law

When the organization in charge of proposing uniform laws proposes a statute, which of the following is true? A. All states must adopt the uniform statute within one year. B. All states must adopt the uniform statute within six months. C. The uniform statute automatically goes into effect without any action by state legislatures. D. A state legislature is not required to adopt the uniform statute; but if the state legislature decides to go forward with adoption, all portions of the statute must be adopted. E. A state legislature can ignore the proposed uniform law, adopt it in full, or adopt it in part.

E. A state legislature can ignore the proposed uniform law, adopt it in full, or adopt it in part

A majority of citizens in a democracy can agree to permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community. These rules are what we refer to as the ______. A. Electoral college B. Community standard C. Democratic validation D. Stare decisis E. Law

E. Law

Assume a restaurant chain is forced to pay damages for breach of contract to a supplier. What type of law is involved? A. Public law only B. Private law only C. Civil law only D. Public, private, and civil law E. Private law and civil law

E. Private law and civil law

Which of the following contains summaries of common law rules in a particular area of the law? A. U.S. Code B. State Administrative Codes C. Executive Proclamations D. Case Reporters E. Restatements of the Law

E. Restatements of the law

"The Stolen Book." Susan is told by Betty that Bob stole her business law book out of her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob had Susan arrested for slapping him, and the local district attorney is prepared to prosecute that matter on behalf of the state. Susan sues Bob for damages to the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. Which of the following is true regarding Susan's claim against Bob for damages involving the book and her claim that Bob maliciously had her arrested? A. The claim for damages involving the book and also the claim that Bob maliciously had her arrested are civil claims involving private law. B. The claim for damages involving the book is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a civil claim involving public law. C. The claim for damages involving the book is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a criminal claim involving public law. D. The claim for damages involving the book is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a criminal claim involving private law. E. The claim for damages involving the book and also the claim that Bob maliciously had her arrested are criminal claims involving private law.

The claim for damages involving the book and also the claim that Bob maliciously had her arrested are civil claims and involving private law.