BUL3310 Unit 1 Quiz Questions
In deciding a case, statutory law always supersedes common law. true false
true
It is good practice to include in a contract which state's law will govern disputes that arise under the contract. true false
true
Today, scholars argue the role of the corporation is to maximize the return on investment of shareholders. true false
false
Tort law is a subset of general criminal law. true false
false
Utilitarianism teaches an action that brings the greatest happiness to the largest number of a select group of people is ethical. true false
false
An individual's best argument may be fashioned by the application of legal reasoning. true false
true
Analogical reasoning is different from deductive reasoning. true false
true
Analogical reasoning relies inferences drawn from previous similar situations. true false
true
Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code. true false
true
Corporations may consider the legal, ethical and philanthropic effects of corporate decisions. true false
true
Criminal and taxing statutes are strictly and narrowly construed True False
true
Criminal and taxing statutes are strictly and narrowly construed true false
true
Deontological ethics refers to ethical systems based on rights and duties. true false
true
Employees take their ethical cues from the behavior of top management. true false
true
In deciding a case, a court will not use common law if there is a statute that applies to the dispute true false
true
Judicial Review is the power of the courts to declare laws unconstitutional True False
true
Jurisprudence involves the study of the law as a philosophical system. true false
true
Legal realism holds the law is what judges rule it to be. true false
true
Legal reasoning does not limits one`s ability to see more than one side of a question. true false
true
Ethics involves the correctness of one's public behavior, while morality involves one's private beliefs. true false
true
Malum per se criminal conduct is also repugnant to strongly held moral beliefs. true false
true
Many areas of law important to businesses are governed by the Uniform Commercial Code. true false
true
One of the important powers of courts in the United States is to interpret legislation. true false
true
Principles of legal reasoning may successfully be applied to solving certain problems related to business strategies. true false
true
Systems of ethics, which focus on outcomes to determine the ethics of an act, are also called consequential systems. true false
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. True False
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. true false
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. true false
true
The conclusion follows from the relationship between the major and minor premises. true false
true
The law in many European countries is based on codified statutes, not case precedents. Such law is classified as a civil system. true false
true
The purpose of the doctrine of stare decisis is to give certainty and predictability to the law. true false
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. true false
true
According to the self-interest theory, "good" decisions benefit the individual making the decision. true false
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. True False
true
A syllogism is the style of argument used in deductive reasoning. true false
true
A follower of the self-interest theory will act in a "selfless" manner because____. a) Doing so will benefit the individual making the decision b) Doing so will benefit society as a whole c) Doing a good deed will result in good deeds from others in return d) Altruism is its own reward
A
Comments contained in judicial opinions that are not necessary to the decision of the case are called A) Dicta B) Res judicata C) Substantive law D) Procedural law
A
Common law is also known as ______ law. a) Judge-made b) Statutory c) Public d) Codified
A
Kantian ethics holds ____. A) Certain moral standards are universal and impose a duty on all humans B) Certain moral standards are universal, but do not impose a duty on all humans C) There are no universal moral standards, and there are no duties imposed on human behavior D) Duties imposed on human behavior derive from weak moral standards
A
Maximizing utility may involve ____. A) The impact of a decision on relationships and health B) One's perception of oneself C) Philosophical advantages of a decision D) One's personal benefit
A
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) Positive Law B) Sociological C) Critical Legal Studies D) Natural Law
A
The trend is for more and more states to adopt uniform laws governing A) Criminal law B) Probate C) Procedures in Small Claims Courts D) Building codes
A
____is the theory of jurisprudence which believes there are higher legal and moral authorities than the State and laws should reflect them. a) natural law b) positive law c) legal realism d) sociological
A
A federal law requires that employers with 15 or more employees take steps to "reasonably accommodate" the religious needs and practices of their employees. A law, such as this one, that gives rights and imposes duties is an example of an ______ law. A) Procedural B) Substantive C) Inculpatory D) Exculpatory
B
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) Procedural c) Inculpatory d) Judge-made
B
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) intrastate C) sited D) bifurcated
B
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) Legacy b) History c) Antecedents d) Precedents
B
Profit-maximization theory holds ____. a) Maximizing profits is the only rational imperative b) Rational self-interest can lead to economic prosperity c) Laissez-faire capitalism is the highest economic good d) The invisible hand maximizes profits
B
Res judicata is best defined as a) A court enforced promise b) A controversy that has been litigated and forever settled between the parties c) The ruling of a court of equity d) The legal basis for dicta in court opinions.
B
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) Ordinance c) Executive agency regulation d) Statute
B
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) Horizontal C) Transitional D) Equitable
B
The common law system in the United States has its roots in A) ancient rome B) england C) ancient greece D) france
B
The important common law doctrine that means "to stand by the decision" is A) Res judicata B) Stare decisis C) Dicta D) Res republica
B
Timothy believes the law should reflect societal values, which may change over time. He is an adherent of the ____ school. a) Natural Law b) Sociological c) Legal Realism d) Law and Economics
B
A follower of utilitarianism must engage in ____ . A) An means justifies the ends analysis B) An attitude focused on the best outcome for the follower C) A cost benefit analysis D) Avoiding a consideration of the consequences of one's actions
C
In complex litigation involving the laws of several states, the state whose law will be used is determined by reference to a) Stare decisis b) Dicta c) Conflict of laws d) Widely held ethical norms
C
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) Legal Realism c) Natural Law d) Law and Economics
C
The Internal Revenue Service IRS wants to fine Mike for violating a section of the Tax Code. Mike believes that the IRS is misinterpreting the Code and that he has violated no laws. The Code section is complex and its application is not clear. Using standard rules of statutory interpretation, the court that hears this case will A) favor the government IRS because it is the author of the law. B) look to dicta in previous cases involving the IRS. C) construe the punishment provision of the statute strictly in favor of Mike. D) refer the issue to a special master in equity.
C
The Supreme Court case that created the doctrine of judicial review is a) Kelo v. City of New London b) Roe v. Wade c) Marbury v. Madison d) Wickard v. Filburn
C
The belief that the law reflects the biases of a ruling class is a foundation of the ____ school of legal thought. a) Law and Economics b) Sociological c) Critical Legal Studies d) Legal Realism
C
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 is another term for dicta. C) It binds the parties to the decisions in a lawsuit so that neither can re-litigate the case. D) It is the legal basis of the courts power of judicial review.
C
____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) positive law c) legal realism d) sociological
C
A system focusing on the outcome of a decision is ____ . A) Utilitarianism B) Self-interest theory C) Profit maximization theory D) All of the above
D
An important step in the application of the legal reasoning process is ____. a) Identifying the general area of the law b) Determining the relevant facts c) Deciding the specific legal rules applicable to the facts d) All of the above are important steps in the legal reasoning process
D
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) uniform code B) ordinance C) executive agency regulation d) statute
D
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) Prior restraint c) Stare decisis d) Res judicata
D
Components of Codes of Ethics often include ____ . a) Obey the law b) Be honest and open c) Treat people with respect d) All of the above
D
Consequential systems, focusing on the outcome of a decision are ____. a) Utilitarianism b) Self-interest theory c) Profit maximization theory d) All of the above
D
Courts may use which of the following to interpret the meaning and purpose of a piece of federal legislation? a) Rules of statutory interpretation b) Minutes of committee hearings c) The entire legislative history of the act d) All of the above may be used by the courts.
D
Deductive reasoning does not allow one to A) make inferences from facts to make a legal conclusion B) use major and minor premises to draw logical conclusions C) derive the correct premises from a logical conclusion D) draw conclusions from similar cased decided in the past
D
Religious beliefs ____ form the basis for the religious foundation theory of rights/duties ethical systems. a) Endorsed by Western religions b) Endorsed by Eastern religions c) Taught by Indian mystics d) Common to many religions
D
Rights/duties ethical systems are not concerned with ____ . a) Religious standards b) Philosophical principles c) A theory of social contracts d) The result of a decision or course of action
D
The power of the judicial branch to declare that laws are invalid because they violate the Constitution is known as ______. a) Stare decisis b) Res judicata c) Quasi in rem jurisdiction d) Judicial review
D
Which of the following is not a category of private law? A) Tort Law B) Property Law C) Contract Law D) Criminal Law
D
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 is a provision of Article I, Section 8 of the U.S. Constitution. D) The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws.
D
Only decisions by the United States Supreme Court can have the status of res judicata. True False
False
A syllogism offered by Maria at trial has a false minor premise. The conclusion drawn from these premises must be valid. true false
false
Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as statutes. true false
false
Dicta is another term for "controlling precedent." true false
false
Ethics means the same thing as morals. true false
false
If one obeys the law, one is not necessarily acting ethically because ethical standards of conduct and legal standards of conduct are identical. True False
false
If the laws of several jurisdictions are involved in a case, the doctrine of res judicata will determine which state law will apply. true false
false
In deductive reasoning, one draws a conclusion from a premise. true false
false
Legal reasoning always yields a single, correct answer for any legal problem. true false
false
Legal reasoning has as its goal persuasion without critical analysis of legal questions. true false
false
Once a dispute has been litigated and decided, stare decisis bars the parties involved from ever litigating the issue again. true false
false
Stare decisis, the doctrine giving rise to the importance of precedent, is not an example of analogical reasoning. true false
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. true false
false
The Uniform Commercial Code is an important federal statute regulating interstate commerce. true false
false
The separation of powers doctrine applies only to the federal government and not to state governments. True False
false
In the view of Immanuel Kant, all ethical duties are ____. a) Absolute in certain circumstances b) Absolute c) quot;Imperfectquot; in some duties d) quot;Perfectquot; in some duties
not C for sure ???????
Legislation passed by Congress and signed into law by the President is classified as a(n) ______
statute
A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions. true false
true