(Test Bank) Contemporary Business Law

Cheeseman, 8

Law

Test Bank

8th Edition

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Author(s): Cheeseman

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1 Copyright © 2015 Pearson Education, Inc. Chapter 1 Legal Heritage and the Digital Age 1) Law is described as ________. A) a body of rules of action or conduct prescribed by controlling authority, and having binding legal force B) a study of fundamenta l problems, such as those connected with existence, knowledge and language C) a system that builds and organizes knowledge in the form of testable explanations and predictions D) a group of hypotheses employed to explain a phenomenon Answer: A Difficulty: Easy Topic: What is Law? LO: 1 2) Which of the following would be considered an example of "shaping moral standards," as seen as a function of the law? A) laws granting freedom of speech and religion B) laws discouraging drug and alcohol abuse C) laws providing rights to peaceful protest D) laws preventing overthrow of the government Answer: B Difficulty: Easy Topic: What is Law? LO: 2 3) What function of the law is being served when passing laws that prohibit discrimination at workplaces? A) keeping the peace B) providing a basis for compromise C) maintaining the status quo D) promoting social justice Answer: D Difficulty: Easy Topic: What is Law? LO: 2 (Contemporary Business Law 8e Henry Cheeseman ) (Test Bank all Chapters)2 Copyright © 2015 Pearson Education, Inc. 4) Halfren, a county in the state of Halizona, is extremely earthquake -prone. A committee set up by the governor to study the effects of past earthquakes found that a new technique of using steel reinforcements in building columns would help reduce overall damages. The findings were put to a debate at the local town hall, where it was accepted by a majority of the residents of Halfren. The state government then passed a law making it mandatory to use the new steel -reinforced columns while constructing new buildings in Halfren. Which of the following function of the law did the state government of Halizona exhibit in this case? A) promoting social justice B) maximizing individual freedom C) shaping moral standards D) facilitating orderly change Answer: D Difficulty: Moderate Topic: What is Law? LO: 2 5) What function of the law is being serv ed when passing laws that protect the U.S. government from the risk of being forcefully overthrown? A) maintaining the status quo B) shaping moral standards C) facilitating orderly change D) promoting social justice Answer: A Difficulty: Easy Topic: Wha t is Law? LO: 2 6) Which of the following is true of "facilitating planning" as a function served by the law? A) It refers to laws that prohibit discrimination in employment. B) It refers to commercial laws that allow businesses to carry out their operat ions. C) It refers to laws enacted after careful study, debate, and public input. D) It refers to laws that allow for the settlement of cases even before they go to trial. Answer: B Difficulty: Easy Topic: What is Law? LO: 2 7) By allowing U.S. citize ns to practice any religion of their choice, what essential function of the law does the U.S. Constitution serve? A) facilitating orderly change B) maintaining the status quo C) maximizing individual freedom D) facilitating planning Answer: C Difficulty: Easy Topic: What is Law? LO: 2 3 Copyright © 2015 Pearson Education, Inc. 8) Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. He sued the car manufacturer for installing faulty airbags. But in the course of the case being heard in court, the car company and Mark decided to settle the lawsuit out of court. What important function of the law was served in this case? A) promoting social justice B) maximizing individual freedom C) providing a basis for compromise D) maintaining the status quo Answer: C Difficulty: Moderate Topic: What is Law? LO: 2 9) ________ is described as the theory or philosophy of law. A) Morality B) Ethics C) Natural law D) Jurisprudence Answer: D Difficulty: Easy Topic: Schools of Jurisprudential Thought LO: 3 10) Proponents of the ________ School of jurisprudence emphasize a moral theory of law, where law is based on morality and ethics, and is discovered by human reasoning and making choices between good and evil. A) Sociological B) Analytical C) Historical D) Natural Law Answer: D Difficulty: Easy Topic: Schools of Jurisprudential Thought LO: 3 11) What School of jurisprudential thought is reflected in documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter? A) the Natural Law School B) the Historical School C) the Sociological School D) the Analytical School Answer: A Difficulty: Moderate Topic: Schools of Jurisprudential Thought LO: 3 4 Copyright © 2015 Pearson Education, Inc. 12) Which school of jurisprudence views law as a sort of evolutionary process, where changing norms of society will be reflected in the law? A) the Natural Law School of jurisprudence B) the Sociological School of jurisprudence C) the Analytical School of jurisprudence D) the Historical School of jurisprudence Answer: D Difficulty: Easy Topic: Scho ols of Jurisprudential Thought LO: 3 13) Which of the following is true of the Historical School of jurisprudence? A) It postulates that law is based on morality and ethics. B) It asserts that law is an aggregate of social traditions and customs. C) It a sserts that the purpose of law is to shape social behavior. D) It lays emphasis on the logic of the result rather than how the result is reached. Answer: B Difficulty: Easy Topic: Schools of Jurisprudential Thought LO: 3 14) A state court administerin g judgment based on the precedent established by the Supreme Court is an example of the ________ School of jurisprudential thought. A) Command B) Critical Legal Studies C) Historical D) Analytical Answer: C Difficulty: Moderate Topic: Schools of Jurispr udential Thought LO: 3 15) What is the difference between Natural Law School and Historical School of jurisprudence? A) Natural Law School emphasizes law shaped by logic, while Historical School emphasizes law enforced by the ruling party. B) Natural Law School emphasizes law shaped by sociological goals, while Historical School emphasizes law based on a moral theory. C) Natural Law School emphasizes law shaped by logic, while Historical School emphasizes law based on a moral theory. D) Natural Law School emphasizes a moral theory of law, while Historical School emphasizes law based on social traditions and customs. Answer: D Difficulty: Moderate Topic: Schools of Jurisprudential Thought LO: 3 5 Copyright © 2015 Pearson Education, Inc. 16) The Analytical School of jurisprudence maintains that the law should be ________. A) shaped by logic B) based on social behavior C) set by the ruling class D) based on morality Answer: A Difficulty: Easy Topic: Schools of Jurisprudential Thought LO: 3 17) A government agency has been called in to interro gate prisoners in an attempt to stop future terrorist attacks on the United States and her allies. If the use of unapproved or unconstitutional methods to obtain information may prove to save lives, the government agency's actions best correspond to which school of jurisprudential thought? A) Command School B) Law and Economics School C) Analytical School D) Historical School Answer: C Difficulty: Moderate Topic: Schools of Jurisprudential Thought LO: 3 18) The followers of the ________ School of juri sprudential thought are known as realists. A) Sociological B) Critical Legal Studies C) Command D) Analytical Answer: A Difficulty: Easy Topic: Schools of Jurisprudential Thought LO: 3 19) Imposing a ban on public smoking can serve as an example o f a law that adheres to the ________ School of jurisprudence. A) Command B) Sociological C) Law and Economics D) Analytical Answer: B Difficulty: Easy Topic: Schools of Jurisprudential Thought LO: 3 6 Copyright © 2015 Pearson Education, Inc. 20) Proponents of the Command School of jurispruden ce will assert that the law is ________. A) developed, communicated, and enforced by the ruling party B) a means to achieve and advance sociological goals C) a collection of a society's traditions and customs that has developed over the centuries D) based on human reasoning, and humans' choosing power between what is good and evil Answer: A Difficulty: Easy Topic: Schools of Jurisprudential Thought LO: 3 21) Zumania is a country where the government has installed a one -party rule. Most of the properties in the country are nationalized and the government has enforced a set of laws to be followed by the citizens of Zumania. Zumania's politics and law adheres to the ________ School of jurisprudential thought. A) Natural Law B) Command C) Historical D) Socio logical Answer: B Difficulty: Moderate Topic: Schools of Jurisprudential Thought LO: 3 22) What is the difference between the Analytical and Command Schools of jurisprudence? A) The Analytical School believes that law is shaped by logic, while the Com mand School believes that law is enforced by the ruling party. B) The Analytical School believes that law is shaped by social traditions, while the Command School believes that law is shaped by a moral theory. C) The Analytical School believes that law is shaped by sociological goals, while the Command School believes that legal rules are unnecessary. D) The Analytical School believes that law is enforced by the ruling party, while the Command School believes that law is based on a moral theory. Answer: A Difficulty: Moderate Topic: Schools of Jurisprudential Thought LO: 3 23) Which school of jurisprudence bases its principles, for solving legal disputes, on broad notions of "fairness," and subjective decision making by judges? A) the Natural Law Schoo l of jurisprudence B) the Analytical School of jurisprudence C) the Critical Legal Studies School of jurisprudence D) the Sociological School of jurisprudence Answer: C Difficulty: Easy Topic: Schools of Jurisprudential Thought LO: 3 7 Copyright © 2015 Pearson Education, Inc. 24) The Critical Legal Studies School of jurisprudence believes that ________. A) free market forces and market efficiency are the most important principles underlying the law B) past court decisions must be analyzed and criticized in developing new law C) subjective decis ion making by judges based on general notions of fairness is appropriate D) one of the main purposes of law is to serve as an official voice of criticism of those in power Answer: C Difficulty: Easy Topic: Schools of Jurisprudential Thought LO: 3 25) W hat school of jurisprudential thought emphasizes using law as a tool for market efficiency while solving legal disputes? A) the Critical Legal Studies School of jurisprudence B) the Command School of jurisprudence C) the Sociological School of jurisprudenc e D) the Law and Economics School of jurisprudence Answer: D Difficulty: Easy Topic: Schools of Jurisprudential Thought LO: 3 26) Which of the following is true of the Law and Economics School of jurisprudence? A) It believes that law is based on mora lity and ethics. B) It proposes that legal disputes should be solved by arbitrary rules that are based on broad notions of what is fair. C) It believes that promoting market efficiency should be the central goal of legal decision making. D) It maintains t hat the law changes when the ruling class changes. Answer: C Difficulty: Moderate Topic: Schools of Jurisprudential Thought LO: 3 27) Which of the following schools of jurisprudential thought is also known as Chicago School? A) the Historical School B) the Natural Law School C) the Law and Economics School D) the Sociological School Answer: C Difficulty: Moderate Topic: Schools of Jurisprudential Thought LO: 3 8 Copyright © 2015 Pearson Education, Inc. 28) The U.S. government passed draft laws during the Vietnam War decreeing that men of a certain age had to serve in the military if they met physical requirements. Which of the following schools of jurisprudential thought do such draft laws adhere to? A) the Historical School of jurisprudential thought B) the Natural Law School of juris prudential thought C) the Sociological School of jurisprudential thought D) the Command School of jurisprudential thought Answer: D Difficulty: Moderate Topic: Schools of Jurisprudential Thought LO: 3 29) What was the key factor in the development of t he English common law? A) the development of forensic science in helping decide cases B) the supremacy of the king and his intervening powers when deciding cases C) the use of precedence of past cases for judges to decide similar cases D) the subjective de cision making of judges when it came to similar cases Answer: C Difficulty: Easy Topic: History of American Law LO: 3 30) The only relief, or remedy, offered in the early law courts of England was ________. A) rigorous imprisonment B) threatening with logical consequences C) monetary awards for damages D) withholding privileges offered by the law Answer: C Difficulty: Easy Topic: History of American Law LO: 3 31) What was the key reason for the creation of law courts during the early development o f the English common law? A) to administer law in a uniform manner B) to help merchants form a standardized set of commercial laws C) to increase the power of the king in law -making D) to facilitate legal disputes for the wealthy and influential Answer: A Difficulty: Moderate Topic: History of American Law LO: 3 9 Copyright © 2015 Pearson Education, Inc. 32) Which of the following statements best indicates how chancery courts were different from law courts? A) Chancery courts emphasized developing merchant laws rather than laws for the common citizen. B) Chancery courts inquired into the merits of the case rather than emphasize legal procedures. C) Chancery courts emphasized a standard set of remedies across different cases rather than provide equitable remedies. D) Chancery courts had lower pr ecedence level over legal decisions than the law courts. Answer: B Difficulty: Moderate Topic: History of American Law LO: 3 33) ________ courts were allowed to give equitable remedies under early English common law. A) Merchant B) Law C) Chancery D) A ppellate Answer: C Difficulty: Easy Topic: History of American Law LO: 3 34) What led to the creation of the chancery courts? A) the insistence for a court system that emphasized legal procedure rather than the merits of a case B) the law courts' inab ility to hear all the cases presented to them C) the increase in overseas trade and proliferation of piracy D) the unfair results and limited remedies provided by the law courts Answer: D Difficulty: Easy Topic: History of American Law LO: 3 35) Chanc ery courts were also known as ________. A) law courts B) equity courts C) criminal courts D) merchant courts Answer: B Difficulty: Easy Topic: History of American Law LO: 3 10 Copyright © 2015 Pearson Education, Inc. 36) Which of the following is true of equitable remedies of the chancery cour ts? A) They were shaped to fit each situation. B) They did not take precedence over the legal decisions and remedies of the law courts. C) They were mostly used to solve commercial disputes. D) They were administered by the judges appointed in local areas. Answer: A Difficulty: Easy Topic: History of American Law LO: 3 37) What is considered as the "supreme law of the land" in the United States? A) Judicial decisions issued by the state courts. B) The Constitution of the United States of America. C) Th e federal statutes passed by the United States Congress. D) Executive orders passed by the President. Answer: B Difficulty: Easy Topic: Sources of Law in the United States LO: 4 38) The ________ is often referred to as a "living document" because it is so adaptable. A) Articles of Confederation B) Lee Resolution C) Declaration of Independence D) U.S. Constitution Answer: D Difficulty: Easy Topic: Sources of Law in the United States LO: 4 39) The ________ branch of the federal government has the pow er to enforce the law. A) judicial B) legislative C) executive D) commissary Answer: C Difficulty: Easy Topic: Sources of Law in the United States LO: 4 11 Copyright © 2015 Pearson Education, Inc. 40) The function of the judicial branch of the federal government is to ________. A) interpret an d determine the validity of the law B) enact the law C) enforce the law D) act as a liaison between legislative and the executive branches Answer: A Difficulty: Easy Topic: Sources of Law in the United States LO: 4 41) The ________ branch of the feder al government has the power to enact laws. A) legislative B) judiciary C) consulate D) executive Answer: A Difficulty: Easy Topic: Sources of Law in the United States LO: 4 42) Which of the following legal documents establishes the U.S. federal govern ment and specifies its powers? A) the Articles of Confederation B) the U.S. Constitution C) the combined list of state statutes D) the set of codified laws called ordinances Answer: B Difficulty: Easy Topic: Sources of Law in the United States LO: 4 43) A(n) ________ is a compact made between two or more nations. A) amendment B) treaty C) charter D) statute Answer: B Difficulty: Easy Topic: Sources of Law in the United States LO: 4 12 Copyright © 2015 Pearson Education, Inc. 44) Which of the following statements is true about treaties? A) T he U.S. Constitution provides that the president, with the advice and consent of one -half of the Senate, may enter into treaties with foreign governments. B) The U.S. Constitution provides that the president may enter into treaties with foreign governments even without the consent of the Senate. C) The U.S. Constitution provides that the president, with the advice and consent of two -thirds of the Senate, may enter into treaties with foreign governments. D) The U.S. Constitution provides that the president, with the advice and consent of one -third of the Senate, may enter into treaties with foreign governments. Answer: C Difficulty: Moderate Topic: Sources of Law in the United States LO: 4 45) A(n) ________ is a written law enacted by the legislative bra nch of the federal and state governments that establishes certain courses of conduct that covered parties must adhere to. A) charter B) treaty C) executive order D) statute Answer: D Difficulty: Easy Topic: Sources of Law in the United States LO: 4 46) Which of the following is true of code books? A) They are federal statutes organized by topic. B) They are the list of executive orders issued by the President. C) They are the treaties signed with other countries organized by topic. D) They are commerci al laws organized by chronology of enactment. Answer: A Difficulty: Easy Topic: Sources of Law in the United States LO: 4 47) What would be an example of codified law in the United States? A) judicial rulings B) federal statutes C) treaties D) executiv e orders Answer: B Difficulty: Moderate Topic: Sources of Law in the United States LO: 4 13 Copyright © 2015 Pearson Education, Inc. 48) Ordinances are codified laws that are issued by ________. A) the President of the United States B) the state legislature C) Supreme Court judges D) local gov ernment bodies Answer: D Difficulty: Easy Topic: Sources of Law in the United States LO: 4 49) What is the difference between statutes and ordinances? A) Statutes are enacted by federal administrative agencies, while ordinances are enacted by state administrative agencies. B) Statutes are enacted by counties, while ordinances are enacted by state legislatures. C) Statutes are enacted by Congress and state legislatures, while ordinances are enacted by local government bodies. D) Statutes are enacted by the president, while ordinances are enacted by state governors. Answer: C Difficulty: Moderate Topic: Sources of Law in the United States LO: 4 50) ________ are empowered to issue an executive order. A) State governors B) State Supreme Court judges C) Appellate court judges D) Senators Answer: A Difficulty: Easy Topic: Sources of Law in the United States LO: 4 51) ________ are established by the legislative and executive branches of the federal government to enforce and interpret statues enacted b y the Congress and state legislatures. A) Commissaries B) State courts C) Administrative agencies D) Councils Answer: C Difficulty: Easy Topic: Sources of Law in the United States LO: 4 14 Copyright © 2015 Pearson Education, Inc. 52) What is a judicial decision? A) a decision issued by the exec utive branch in a state of emergency B) a decision about an individual lawsuit issued by a federal or state court C) a codified law passed by the state legislature D) a decision issued by the legislative branch to establish courses of conduct that covered parties must adhere to Answer: B Difficulty: Easy Topic: Sources of Law in the United States LO: 4 53) Stare decisis is the doctrine of ________. A) providing proof to assert a fact in court B) adhering to legal precedent C) separating powers between state and religion D) ensuring all legal rights are provided to a person when otherwise deprived of them Answer: B Difficulty: Easy Topic: Sources of Law in the United States LO: 4 54) Which of the following is true of how legal precedent is used betw een courts of different states? A) Courts of a state cannot cite the judicial decisions of courts of another state in its decisions. B) Courts of a state must always follow precedent set from courts of another state for similar cases. C) Courts of a state can use precedent from courts of another state as a form of guidance. D) Courts of a state cannot challenge the precedence of courts of another state. Answer: C Difficulty: Moderate Topic: Sources of Law in the United States LO: 4 55) Which of the fol lowing is true of how legal precedent is used between the U.S. Supreme Court and state courts? A) State courts are not required to follow the legal precedent established by the Supreme Court. B) State courts can use the legal precedent established by the S upreme Court as guidance but are not bound to follow. C) The Supreme Court must follow the legal precedent established by state courts. D) State courts must follow the legal precedent established by the Supreme Court. Answer: D Difficulty: Moderate Topic : Sources of Law in the United States LO: 4 15 Copyright © 2015 Pearson Education, Inc. 56) How does the doctrine of stare decisis help in creating stability in a legal system? A) by ensuring that witnesses of a case will be protected by the state B) by ensuring that the legal rights of a defenda nt are preserved C) by allowing the use of precedence in deciding future cases D) by allowing the use of writs Answer: C Difficulty: Moderate Topic: Sources of Law in the United States LO: 4 57) The Securities and Exchange Commission (SEC), created b y the Congress to enforce federal securities laws, is an example of a(n) ________. A) intelligence agency B) congressional body C) judicial body D) administrative agency Answer: D Difficulty: Easy Topic: Sources of Law in the United States LO: 4 58) A ccording to the priority of law in the United States, which of the following statements is true? A) State regulations take precedence over state statutes. B) Valid state laws take precedence over any conflicting federal laws. C) Valid state laws take prece dence over local laws. D) State laws take precedence over the U.S. Constitution within that state. Answer: C Difficulty: Easy Topic: Sources of Law in the United States LO: 4 59) Which of the following is true about the United States law today? A) The state courts are not bound to follow the legal precedents established by the Supreme Court. B) The law of all states in the U.S. except Louisiana is based on English common law. C) The law and equity courts remain separate in most states today. D) The U.S . Congress mandates that all 50 states follow the same law. Answer: B Difficulty: Easy Topic: Sources of Law in the United States LO: 4