BUL 3310 Unit 1 Quiz
The search for the truth is NOT the focal point of all legal reasoning. a. True b. False
a. True
It is good practice to include in a contract which state's law will govern disputes that arise under the contract. a. True b. False
a. True
Judicial review is the power of the courts to declare laws unconstitutional. a. True b. False
a. True
Jurisprudence involves the study of the law as a philosophical system. a. True b. False
a. True
Malum per se criminal conduct is also repugnant to strongly held moral beliefs. a. True b. False
a. True
Many areas of law important to businesses are governed by the Uniform Commercial Code. a. True b. False
a. True
One of the important powers of courts in the United States is to interpret legislation. a. True b. False
a. True
Principles of legal reasoning may successfully be applied to solving certain problems related to business strategies. a. True b. False
a. True
Systems of ethics, which focus on outcomes to determine the ethics of an act, are also called consequential systems. a. True b. False
a. True
The body of law that will be used to determine which state's law will apply in a multi-state transaction is conflict of laws. a. True b. False
a. True
The city of Delmar passed a law requiring that restaurants and taverns stop serving alcohol to patrons at 1 a.m. This law is an example of an ordinance. a. True b. False
a. True
The conclusion follows from the relationship between the major and minor premises. a. True b. False
a. True
The justice theory of ethics seeks a just distribution of societal resources. a. True b. False
a. True
The law in many European countries is based on codified statutes, not case precedents. Such law is classified as a civil system. a. True b. False
a. True
The purpose of the doctrine of stare decisis is to give certainty and predictability to the law. a. True b. False
a. True
The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance. a. True b. False
a. True
Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another. a. True b. False
a. True
It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. a. True b. False
b. False
Legal reasoning always yields a single, correct answer for any legal problem. a. True b. False
b. False
Legal reasoning has as its goal persuasion without critical analysis of legal questions. a. True b. False
b. False
Stare decisis, the doctrine giving rise to the importance of precedent, is NOT an example of analogical reasoning. a. True b. False
b. False
State X requires that a party who wants to appeal the decision of a trial court file a notice of appeal within 30 days of the verdict. This is an example of a substantive state law. a. True b. False
b. False
The Uniform Commercial Code is an important federal statute regulating interstate commerce. a. True b. False
b. False
Today, scholars argue the role of the corporation is to maximize the return on investment of shareholders. a. True b. False
b. False
Tort law is a subset of general criminal law. a. True b. False
b. False
Which of the following statements about res judicata is correct? a. It establishes a precedent that will be applied to future cases with similar fact patterns. b. It binds the parties to the decisions in a lawsuit so that neither can re-litigate the case. c. It is the legal basis of the courts power of judicial review. d. It is another term for dicta.
b. It binds the parties to the decisions in a lawsuit so that neither can re-litigate the case.
Rights/duties ethical systems are may be based on ____. a. Philosophical principles b. A theory of social contracts c. Religious standards d. Any of the above
d. Any of the above
Ethical standards are frequently enacted into laws and cited in court decisions ____. a. Because of the views of the ruling class b. Because of the religious beliefs of attorneys and judges c. As a means of enforcing certain moral principles d. As a reflection of society's views of right and wrong
d. As a reflection of society's views of right and wrong
Ethics involves the correctness of one's public behavior, while morality involves one's private beliefs. a. True b. False
a. True
In deciding a case, a court will not use common law if there is a statute that applies to the dispute. a. True b. False
a. True
In deciding a case, statutory law always supersedes common law. a. True b. False
a. True
Ethical behavior often requires a higher standard than merely legal behavior. a. True b. False
a. True
In common law, deductive reasoning precedes crafting of rules of law. a. True b. False
b. False
Res judicata is best defined as a. A controversy that has been litigated and forever settled between the parties b. A court enforced promise c. The legal basis for dicta in court opinions. d. The ruling of a court of equity
a. A controversy that has been litigated and forever settled between the parties
Courts may use which of the following to interpret the meaning and purpose of a piece of federal legislation? a. All of the above may be used by the courts. b. The entire legislative history of the act c. Minutes of committee hearings d. Rules of statutory interpretation
a. All of the above may be used by the courts.
Religious beliefs ____ form the basis for the religious foundation theory of rights/duties ethical systems. a. Common to many religions b. Endorsed by Western religions c. Taught by Indian mystics d. Endorsed by Eastern religions
a. Common to many religions
That the biases of a ruling class are reflected in the laws passed is a belief of ____ adherents. a. Critical Legal Studies b. Sociological c. Legal Realism d. Law and Economics
a. Critical Legal Studies
All legal conduct is ethical? a. False b. True
a. False
The important common law doctrine that means "to stand by the decision" is a. Stare decisis b. Dicta c. Res judicata d. Res republica
a. Stare decisis
Assume that the Vermont legislature passed a bill prohibiting the sale within the state of detergents containing certain chemicals harmful to the environment. Assume further that the governor signed the bill into law. This law has the status of a(n) ______ . a. Statute b. Executive agency regulation c. Uniform code d. Ordinance
a. Statute
Legislation passed by Congress and signed into law by the President is classified as a(n) ______ _ a. Statute b. Executive order c. Agency regulation d. Ordinance
a. Statute
Crimes such as selling or possessing certain drugs or possessing certain weapons are malum prohibitum crimes because a. Such crimes are designated as criminal by society b. None of the above c. Such crimes have always been regarded as serious harms to society d. Such crimes involve morally reprehensible conduct
a. Such crimes are designated as criminal by society
A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions. a. True b. False
a. True
A syllogism is the style of argument used in deductive reasoning. a. True b. False
a. True
According to the self-interest theory, "good" decisions benefit the individual making the decision. a. True b. False
a. True
Analogical reasoning is different from deductive reasoning. a. True b. False
a. True
Analogical reasoning relies inferences drawn from previous similar situations. a. True b. False
a. True
Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code. a. True b. False
a. True
Corporations may consider the legal, ethical and philanthropic effects of corporate decisions. a. True b. False
a. True
Criminal and taxing statutes are strictly and narrowly construed a. True b. False
a. True
Deductive reasoning is but one component of legal reasoning. a. True b. False
a. True
Deontological ethics refers to ethical systems based on rights and duties. a. True b. False
a. True
Employees take their ethical cues from the behavior of top management. a. True b. False
a. True
Bob's Beer and Booze Barn classfies a clerk as a "managerial assistant" and assigns menial supervisory duties to this employee, that do not meet the department of labor (DOL) standards, to avoid paying overtime wages. Bob "knows" the clerk will not be aware that these new supervisory duties do not meet the requirements of the DOL and does not expect the department of labor will look into the classification if the clerk does not contest their status with the DOL. This practice is: a. Unethical and contrary to the letter of the employment laws b. Technically allowed since the employee has some managerial duties.. c. A legitimate legal strategy to reduce labor costs and remain competitive d. Unethical and contrary to the spirit of the employment laws
a. Unethical and contrary to the letter of the employment laws d. Unethical and contrary to the spirit of the employment laws
The federal government and state governments, although they share a similar structure, have their own unique duties and functions. This division of sovereign power between the state and federal level is called a(n)----------separation of powers. a. Vertical b. Bipartisan c. Bilateral d. Horizontal
a. Vertical
Which of the following is not a category of private law? a. criminal law b. contract law c. law of torts d. property law
a. criminal law
Deductive reasoning does not allow one to a. draw conclusions from similar cased decided in the past b. derive the correct premises from a logical conclusion c. make inferences from facts to make a legal conclusion d. use major and minor premises to draw logical conclusions
a. draw conclusions from similar cased decided in the past
Consequential systems, focusing on the outcome of a decision are ____. a. Utilitarianism b. All of the above c. Profit maximization theory d. Self-interest theory
b. All of the above
The theory of constitutional interpretation that is willing to reject precedent in order to address current social forces and needs is called a. Pro bono republicae b. Constitutional relativity c. Judicial Restraint d. Limited Judicial Review
b. Constitutional relativity
A syllogism offered by Maria at trial has a false minor premise. The conclusion drawn from these premises must be valid. a. True b. False
b. False
Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as ordinances. a. True b. False
b. False
Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as statutes. a. True b. False
b. False
Contract and tort law are examples of public law a. True b. False
b. False
Criminal law is a subset of private law. a. True b. False
b. False
Dicta is another term for "controlling precedent." a. True b. False
b. False
Ethical conduct never brings about new laws. a. True b. False
b. False
Ethics concerns how one should behave based upon one's own concept of right and wrong. a. True b. False
b. False
If one obeys the law, one is not necessarily acting ethically because ethical standards of conduct and legal standards of conduct are identical. a. True b. False
b. False
If the laws of several jurisdictions are involved in a case, the doctrine of res judicata will determine which state law will apply. a. True b. False
b. False
One who is concerned with the impact of economics on the law likely is a follower of the ____ school of jurisprudence. a. Natural Law b. Law and Economics c. Sociological d. Positive Law
b. Law and Economics
Codes of Ethics do not encourage ____ . a. Courtesy b. Self-aggrandizement c. Honesty d. Fairness
b. Self-aggrandizement
The societal belief that "people who injure other persons or their property should compensate them for their loss" is the basis of a. Public law b. Tort law c. Administrative law d. Criminal law
b. Tort law
Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar "knock-off" product because Chirp Chirp is just a small start-up company and they lack the money to litigate in court with Gaggle, Inc. Gaggle, Inc. is: a. Ethically challenging the role of patent rights in society b. Unethically exploiting their power and size in the marketplace. c. Ethically using the civil legal system just like everyone else. d. acting ethically...business is war. e. None of the above
b. Unethically exploiting their power and size in the marketplace.
Components of Codes of Ethics often include ____ . a. Treat people with respect b. Be honest and open c. All of the above d. Obey the law
c. All of the above
The trend is for more and more states to adopt uniform laws governing a. Building codes b. Probate c. Criminal law d. Procedures in Small Claims Courts
c. Criminal law
Comments contained in judicial opinions that are not necessary to the decision of the case are called a. Res judicata b. Substantive law c. Dicta d. Procedural law
c. Dicta
Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to determine the purpose and reach of a law. This background is called a law's legislative ______ . a. Antecedents b. Precedents c. History d. Legacy
c. History
The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an ______ separation of powers. a. Vertical b. Equitable c. Horizontal d. Transitional
c. Horizontal
Common law is also known as ______ law. a. Codified b. Statutory c. Judge-made d. Public
c. Judge-made
The power of the judicial branch to declare that laws are invalid because they violate the Constitution is known as ______. a. Res judicata b. Quasi in rem jurisdiction c. Judicial review d. Stare decisis
c. Judicial review
The doctrine of judicial review was first articulated in a. Article II of the Constitution b. The Declaration of Independence c. Marbury v. Madison d. Roe v Wade
c. Marbury v. Madison
Prof. Johnson is a law professor who teaches the existence of a moral authority that is more important than mere legal rules. Prof. Johnson is an adherent of ____ school of jurisprudence. a. Positive Law b. Law and Economics c. Natural Law d. Legal Realism
c. Natural Law
The City of Sunnydale enacted a law limiting to 4 the number of unrelated individuals who can live together in a house or apartment. This city law has the status of an____________. a. Uniform code b. Statute c. Ordinance d. Executive agency regulation
c. Ordinance
Sen. Harris, addressing Senators on the subject of protests against surveillance laws, insists these laws be obeyed as written. Sen. Harris is a ____ school adherent. a. Natural Law b. Sociological c. Positive Law d. Critical Legal Studies
c. Positive Law
Rules of the court room are classified as a. Dicta b. Substantive law c. Procedural law d. Res judicata
c. Procedural law
Profit-maximization theory holds ____. a. The invisible hand maximizes profits b. Maximizing profits is the only rational imperative c. Rational self-interest can lead to economic prosperity d. Laissez-faire capitalism is the highest economic good
c. Rational self-interest can lead to economic prosperity
Angelique promotes the idea changes in social mores should inform legal analysis. She supports the ____ school of jurisprudence. a. Law and Economics b. Legal Realism c. Sociological d. Natural Law
c. Sociological
The Congress of the United States passed the Soldiers' and Sailors' Relief Act of 1940 and President Franklin Roosevelt signed it into law. This Act has the status of an____________. a. Executive agency regulation b. Ordinance c. Statute d. Uniform code
c. Statute
Which of the following statements about the Uniform Commercial Code UCC is correct? a. The UCC us a federal statute governing businesses engaged in interstate commerce. b. The UCC is used only in Texas, California and Louisiana because it is based on French and Spanish civil law. c. The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws. d. The UCC is a provision of Article I, Section 8 of the U.S. Constitution.
c. The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws.
The federal government and state governments have separate and distinct powers. This arrangement constitutes an ______ separation of powers. a. Equitable b. Transitional c. Vertical d. Horizontal
c. Vertical
____is the theory of jurisprudence which holds the decisions of those charged with administering the law, such as judges and juries, determines what the law is. a. natural law b. sociological c. legal realism d. positive law
c. legal realism
A follower of utilitarianism must engage in ____ . a. Avoiding a consideration of the consequences of one's actions b. An means justifies the ends analysis c. An attitude focused on the best outcome for the follower d. A cost benefit analysis
d. A cost benefit analysis
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat Pies" to introduce a new type of weight-loss pie. Which of the following is true with respect to his actions: a. Fat Frank can be sued in tort in civil court. b. Fat Frank can potentially face criminal liability for his actions. c. A and B d. A, B, and C e. Fat Frank behaved unethically.
d. A, B, and C
The triple bottom line model encourages corporations to consider the effect of their decisions on ____ . a. Planet b. People c. Profit d. All of the above
d. All of the above
Anne, a resident of New York, is suing Bill, also a resident of New York, in a contract dispute that is governed by New York state law. This controversy would be classified as an ______ case. a. Interstate b. Bifurcated c. Sited d. Intrastate
d. Intrastate
The Supreme Court case that created the doctrine of judicial review is a. Roe v. Wade b. Wickard v. Filburn c. Kelo v. City of New London d. Marbury v. Madison
d. Marbury v. Madison
A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of the date of breach are examples of ______ laws. a. Substantive b. Inculpatory c. Judge-made d. Procedural
d. Procedural
Bill sued Ted for libel over statements Ted published in the company newsletter. A jury heard the case and found that no libel had occurred because the statements were true. Bill is very unhappy with this decision, but cannot sue Ted again over these statements because of the doctrine of a. Judicial restraint b. Stare decisis c. Prior restraint d. Res judicata
d. Res judicata
Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may potentially shut her down. Which of the following best characterizes this scenario. a. None of the above b. Everyone knows Lucy sells her liqour cheap, so bob's action is ethical. c. This action is certainly legal, but not ethical. d. This type of legal action cannot be ethically or legally justified. e. This legal course of action is legal and ethical
d. This type of legal action cannot be ethically or legally justified.
Stare decisis translates as a. stand and be recognized b. the thing is done that ought to be done c. the decision of the sovereign d. stand by the decision
d. stand by the decision
