BLAW 372 Chapter 1 – Flashcards
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Laws and Government regulations affect almost all business activities
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True
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US Constitution is the basis of all law in the United States
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True
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The U.S. Constitution reserves to the federal government all powers not granted to the states.
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False
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The Uniform Commercial Code has been adopted in all fifty states.
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True
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Federal agency regulations take precedence over conflicting state agency regulations.
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True
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Common law is a term for the laws that are familiar to most of us
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False
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Decisions by higher courts are not binding on lower courts.
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False
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Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.
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False
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Courts are not obligated to follow precedents.
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False
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In most legal controversies, there is one single correct result.
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False
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Although cases may be similar, no two cases are ever identical in all respects.
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True
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Each judge had his or her personal beliefs and philosophy, which shape the legal reasoning process.
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True
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Clearly, a judge's function is to make the laws.
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False
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The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended.
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True
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A jury's good sense and careful consideration of consequences is known as jurisprudence.
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False
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Procedural law consists of all laws that outline the methods of enforcing rights.
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True
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A citation identifies the publication in which a legal authority can be found.
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True
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The decisions made by the courts establish the boundaries of the law as it applies to almost all business relationships.
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True
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The party against whom a lawsuit is brought is the plaintiff or petitioner.
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False
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When all the judges (or justices) agree on a decision, a majority opinion is written for the entire court.
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False
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Data Analytics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as a. hiring and firing decisions. b. the manufacturing and marketing of products. c. business financing. d. all of the choices.
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D. All of the choices
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The U.S. Congress enacts a new federal statute that imposes liability on businesses hiring employees without verifying their citizenship status. This statute applies a. only to businesses not covered by state law. b. only to those states that consent to apply it. c. to all of the states. d. to none of the states.
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C. All of the states
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A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged a. neither provision will be enforced. b. the provisions will be balanced to reach a compromise. c. the state provision, not the U.S. Constitution, will be enforced. d. the U.S. Constitution, not the state provision, will be enforced.
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D. the US Constitution, not the state provision, will be enforced
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The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by a. no one. b. the federal government only. c. the state of Pennsylvania only. d. the United States Supreme Court only.
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A. No One
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The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute a. administrative law. b. case law. c. stare decisis. d. statutory law.
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A. Administrative Law
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Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of a. regulations created by administrative agencies. b. constitutional provisions. c. statutes enacted by legislatures. d. sound bites in the media.
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D. Sound bites in the media
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Much of American law is based on a. the English legal system. b. the French legal system. c. Greek civil law. d. ancient Chinese law.
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A. The English legal system
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Bob's Big Burgers n' Shakes Restaurant brings a suit, seeking a remedy at law. A remedy at law is a. monetary damages. b. a decree of specific performance. c. a judicial proceeding for the resolution of a dispute. d. an injunction.
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A. Monetary Damages
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Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves a. specific performance. b. an injunction. c. rescission. d. an action that the court cannot order.
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C. Rescission
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Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is a. specific performance. b. damages. c. rescission. d. beyond the court's authority.
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A. Specific Performance
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Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane's payment. Jane is a. the plaintiff. b. the defendant. c. the binding authority. d. the persuasive authority.
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A. The Plaintiff
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Sara believes that she has a strong case against Tom for the breach of an employment contract. Despite this belief, Sara cannot file a suit against Tom after the expiration of the time allowed for the filing under a. a statute of limitations. b. the doctrine of laches. c. an equitable maxim. d. the remedy at law.
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A. A statute of limitations
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In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent a. is incorrect or inapplicable. b. is not in line with the judge's personal values. c. would lead to unintended consequences. d. would not bring about the result the judge prefers.
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A. is incorrect or inapplicable
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Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find cases on point—previously decided cases that, in relation to the case under consideration, are a. as different as possible. b. as similar as possible. c. at odds. d. exactly identical.
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B. As similar as possible
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Juan is a judge. How Juan and the judges in other courts interpret a particular statute determines a. how that statute will be applied. b. how the law needs to be changed. c. how the common law should be codified. d. nothing.
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A. How that statute will be applied
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To Sam, the written law of a particular society at a particular time is most significant. Sam is a a. legal positivist. b. person who adheres to the historical school of legal thought. c. legal realist. d. person who adheres to the natural law tradition.
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A. Legal positivist
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Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term a. cyberlaw. b. civil law. c. equitable maxims. d. IRAC.
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A. cyberlaw
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Beth is a victim of Carl's violation of a criminal law. Criminal law is concerned with a. the prosecution of private individuals by other private individuals. b. the prosecution of public officials by private individuals. c. the relief available when a person's rights are violated. d. wrongs committed against the public as a whole.
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D. wrongs committed against the public as a whole
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The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825 N.W.2d 429. "285" is a. the number of the volume in the official reports of the court's decisions. b. the number of the volume in Thomson Reuter's unofficial publication of the court's decisions. c. a page number in the appropriate volume. d. the number of the case in the sequence decided by the state's highest court.
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A. The number of the volume in the official reports of the court's decisions
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Operational Processes, Inc., appeals a decision against it, in favor of Precision Manufacturing Corporation, from a lower court to a higher court. Operational Processes is a. the appellant. b. the appellee. c. the defendant. d. the respondent.
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A. The applellant
