Business Law-Chapter 1
common
English _____ law was developed by judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases.
providing a basis for compromise
Laws that allow for the settlement of cases prior to trial are an example of which function of the law?
facilitating orderly change
Laws that are enacted only after considerable study, debate, and public input are an example of which function of the law?
keeping the peace
Laws that make certain activities crimes are an example of which function of the law?
federal administrative agency
The Securities and Exchange Commission is an example of a _____.
race-conscious admissions is lawful under the equal protection clause
The Supreme Court in Fisher v. University of Texas at Austin held that _____.
state statute
The Texas Natural Resources Code is an example of a(n) _____.
sociological
The _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.
natural law
The _____ School of jurisprudence asserts that the law should be based on morality and ethics.
command
The _____ School of jurisprudence believes that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology.
critical legal studies
The _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.
law and economics
The ________ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.
misuses and oversights of our legal system
United States' law evolves and changes along with all of the following EXCEPT
to administer the law in a uniform manner
What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common law?
to eliminate unfair results and limited remedies of law courts
What was the main reason for the establishment of chancery courts during the development of English common law?
historical school
When legal scholars look to past legal decisions (precedent) to solve contemporary problems, it is an example of which school of jurisprudence?
law, equity, and merchant
Which of the following are categories of courts that established English common law?
discounting opposing positions and arguments
Which of the following is NOT a component of critical thinking?
asking students questions about a case or legal issue
Which of the following is an example of the Socratic method of teaching?
establishing uniform principles of individual morality
Which of the following is not a primary function of law in the United States?
E. Which executive nominated the judge presiding over the case?
Which of the following is not a relevant question according to the IRAC method of critical legal thinking? A. What is the rule of the case? B. What is the legal issue in the case? C. What is the court's analysis and rationale? D. What was the conclusion or outcome of the case? E. Which executive nominated the judge presiding over the case?
Law and economics
Which of the following schools of jurisprudential thought might suggest that the federal government's policy of subsidized housing provides incentives resulting in too many homes being built?
A. Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.
Which of the following statements is true about the early development of English common law? A. Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts. B. Rather than inquire into the merits of the case, the chancery court emphasized legal procedure. C. English common law is considered civil law. D. Decisions of the law courts took precedence over those of the Court of Chancery. E. English common law is based on French law.
ordinance
A(n) _____ is a law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts.
statute
A(n) _____ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.
critical legal thinking
_____ improves a person's problem-solving skills and helps him or her to make clear, logical, rational, and well-reasoned conclusions and judgments.
Law
_____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
Stare decisis
_____ means "to stand by the decision.
The United States Constitution is
_____ the supreme law of the United States.
chancery
________ courts were allowed to give equitable remedies under the English common law.