(Test Bank) Law For Business

Barnes,Richards,Lemper, 14

Law

Test Bank

14th Edition

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Test Bank for Law For Business, The downloadable file consists of 959 pages, and the total size of the file is 6.73 MB. Purchase now only for highly discounted price.

Author(s): Barnes, Richards, Lemper

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Study Note Preview

Version 1 1 CHAPTER 1 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) The right of self-defense is an example of substantive law. ⊚ true ⊚ false 2) Rules as to how a trial is conducted are part of procedural law. ⊚ true ⊚ false 3) Substantive law establishes the rules under which the procedural rules of law are enforced. ⊚ true ⊚ false 4) Civil law defines breaches of duty to society at large. ⊚ true ⊚ false 5) The Commerce Clause of the United States Constitution permits Congress to regulate intrastate commerce. ⊚ true ⊚ false 6) Under the notion of federalism, the United States is composed of 51 legal systems. ⊚ true ⊚ false Version 1 2 7) When conflict exists between the federal legal system and a state legal system, the federal rules prevail, even if the federal government is not acting under one of the powers granted to it by the United States Constitution. ⊚ true ⊚ false 8) A statute is the product of the lawmaking of a legislature. ⊚ true ⊚ false 9) The United States Constitution declares that treaties made by the president with foreign governments and ratified by at least one-half of the Senate are “the supreme law of the land.” ⊚ true ⊚ false 10) Generally, a court’s first step in interpreting a statute or other source of law is to look at the plain meaning of the words. ⊚ true ⊚ false 11) Judges may look to general concepts of public policy when interpreting legal rules. ⊚ true ⊚ false 12) Due to the constitutional prohibition of ex post facto laws, a new criminal statute applies only to actions taken after it becomes effective. ⊚ true ⊚ false Version 1 3 13) Four schools of jurisprudence that are predominant today include legal utilitarianism, natural law, psychological jurisprudence, and legal idealism. ⊚ true ⊚ false 14) Legal positivists are likely to consider public policy and their own sense of morality when interpreting the law. ⊚ true ⊚ false 15) The objectives of preventive law are to arrange business plans and methods to increase profits by (a) avoiding losses through fines and damage judgments and (b) reaching business goals through enforceable contracts while avoiding government prohibitions. ⊚ true ⊚ false MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 16) Which of the following is not a basic function of law? A) keeping the peace B) enforcing rules to maintain order C) guaranteeing social mobility D) promoting social justice 17) The freedom of speech granted by the United States Constitution is an example of __________. A) civil law B) substantive law C) criminal law D) procedural law Version 1 4 18) Which of the following is an example of procedural law? A) The privilege of receiving food stamps B) The rules as to how a court's judgment is to be enforced C) The right of self-defense D) The freedom of speech granted by the United States Constitution 19) Which of the following statements is true of criminal law? A) It is concerned with private duties owed by one person to another. B) It is completely procedural. C) It defines breaches of duty to society at large. D) It refers to the duty of corporations to exercise reasonable care with regard to other corporations. 20) If a person carelessly runs a car into yours, that person has committed the: A) tort of negligence. B) tort of assault. C) crime of assault. D) crime of negligence. 21) A person whose drunken driving causes the death of another may face: A) criminal prosecution by the survivors of the victim. B) both a criminal prosecution by the state and a civil suit for damages by the survivors of the victim. C) a civil suit for damages by the state D) either a criminal prosecution by the state or a civil suit for damages by the survivors of the victim, but not both. Version 1 5 22) The __________ is the most widely adopted uniform law. A) Uniform Criminal Code B) Interstate Commerce Treaty C) Uniform Commercial Code D) Multistate Criminal Compact 23) Local legislation regulating zoning and noise levels are examples of __________. A) ordinances B) treaties C) administrative rules D) administrative decisions 24) The first federal regulatory agency was the __________. A) Federal Trade Commission B) Interstate Commerce Commission C) Securities and Exchange Commission D) Occupational Safety and Health Administration 25) Which of the following statements is true of independent agencies? A) They are headed by the president. B) They are a part of the executive branch of the government. C) They are headed by a board or commission. D) They are given authority only to enforce rules made by the Congress. 26) Common law arises when:Version 1 6 A) courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule. B) constitutional statutes are found to interfere with the freedom of expression. C) there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law. D) the government wishes to encourage certain kinds of investments. 27) Under the power of judicial review, __________. A) a judge may render a legal rule unenforceable by declaring it in conflict with a constitution B) lower courts may decide that higher court decisions are not valid C) private persons are not allowed to create legally binding obligations as they do not have the power to contract D) the court may override the acts of the Constitution 28) According to private law, private persons may: A) create legally binding agreements through their power to contract. B) enter into contracts, but the contracts will not be upheld in court. C) create their own rules when there is no prior statute. D) make their own rules only after studying practice of similar precedents. 29) A useful tool for understanding and persuading that combines basic analytical thinking with recognition of the special features of the underlying legal system is __________. A) sociological jurisprudence B) legal positivism C) legal reasoning D) analytical reasoning Version 1 7 30) Which of the following is a correct statement regarding public policy and legal interpretation? A) Judges may look to general concepts of public policy when interpreting legal rules. B) There is a precise definition of what constitutes public policy. C) In determining what constitutes public policy, a judge may not consider what the majority of the population thinks is best. D) In determining what constitutes public policy, a judge may not consider his or her subjective (i.e., personal) views regarding what is best for society. 31) Since a person cannot adjust his or her conduct to a statute not yet passed, the constitutional prohibition of __________ is essential to justice. A) caveat emptor B) stare decisis C) ex post facto laws D) strict liability laws 32) Stare decisis: A) renders law rigid and unchanging. B) lends predictability to decisional law by relying on prior decisions. C) means a new statute applies only to actions taken after it becomes effective. D) creates harsh results by refusing to recognize equitable exceptions. 33) According to the doctrine of stare decisis, __________.Version 1 8 A) the constitutional prohibition of ex post facto laws applies to common or decisional law B) a legislature cannot override stare decisis and change a common law rule by enacting a statute C) the highest appeals court in a jurisdiction cannot overrule a precedent case D) a court has considerable freedom in picking precedent cases 34) Which of the following is a correct statement regarding legal positivism? A) Legal positivists are likely to consider public policy when interpreting the law. B) Legal positivist judges confine their legal analysis to the plain meaning of the words. C) Legal positivists are likely to consider their own sense of morality when interpreting the law. D) Legal positivism provides a great sense of flexibility to the enforcement of legal rules. 35) Natural law thinkers believe that: A) law and morality are not separate. B) there is no law superior to that promulgated by political institutions. C) all laws should have an environmental focus. D) natural law provides the level of predictability attained by legal positivism. 36) Sociological jurisprudence maintains that: A) legal decisions should be based on short-term social goals. B) courts must look beyond the plain meaning of a statute to consider the law's legislative purpose. C) courts should not consider their perceptions of the prevailing public policies in interpreting statutes. D) the law is the command of legitimate political institutions. Version 1 9 37) Legal realism stresses that the law must be considered in light of its __________. A) day-to-day application B) inherent theoretical value C) philosophical foundations D) promotion of social justice 38) Stare decisis means to: A) adhere to decided cases. B) enforce a standard of strict liability. C) examine the likely outcome of a particular judicial decision. D) be both firm and fair in judicial decision-making. 39) In applying stare decisis, rulings of prior cases that have similar facts are known as: A) conditions precedent. B) precedents. C) conditions subsequent. D) precedence. 40) If a judicial precedent is established by a state court in Arizona: A) a federal court in New Mexico must adhere to it. B) a state court in California must adhere to it. C) a state court in California may follow the precedent, but it is not bound to do so. D) the same court (or a higher court in Arizona) must revisit the issue within twenty years in order to acknowledge sociocultural change, and to incorporate such change in newly-established precedent. 41) Which of the following is true regarding judicial precedent?Version 1 10 A) The highest appeals court in a jurisdiction can overrule a precedent case, but this does not occur frequently. B) The highest appeals court in a jurisdiction can overrule a precedent case, and this occurs frequently. C) The highest appeals court in a jurisdiction cannot overrule a precedent case, due to stare decisis. D) The highest appeals court in a jurisdiction cannot overrule a precedent case, due to caveat emptor. 42) Which of the following is true regarding judicial precedent that a court with appropriate jurisdiction determines to be in error or “out-of-date?” A) It may not be overruled without prior notice. B) It may be overruled, but the new precedent cannot apply to the current case; in other words, the new precedent will only apply to future cases. C) It may be overruled without prior notice, and the new rule may be applied to the current case. D) Consistent with stare decisis, the court must adhere to the existing judicial precedent, although it can encourage the legislature to enact law (i.e., a statute) to override the existing precedent. 43) Which of the following is true regarding precedent cases? A) To promote the notion that “justice is blind,” a plaintiff’s lawyer cannot choose as precedent those cases in which the decision favors the plaintiff’s position. B) A court has considerable freedom in selecting existing precedent cases. C) Consistent with longstanding constitutional principles favoring due process for the defendant, a court must follow as precedent those cases in which the decision favors the defendant’s position. D) Due to stare decisis, courts have no freedom to select existing precedent cases. 44) In the business world, one of the goals of preventive law is to increase profits by:Version 1 11 A) imposing higher inheritance and income taxes on wealthy people. B) avoiding losses through fines and damage judgments. C) involving the client in the business-planning process. D) creating unenforceable contracts. 45) One objective of preventive law is to arrange business plans and methods to increase profits by __________. A) honoring legal obligations while avoiding ethical obligations B) reaching business goals through enforceable contracts while avoiding government prohibitions C) strictly adhering to the socioeconomic view of the social responsibility of business D) prioritizing the interests of corporate stockholders over the interests of other stakeholders 46) If the behavior of someone who commits a tort is outrageous, that person can be made to pay __________ damages. A) compensatory B) punitive C) consequential D) non-monetary 47) Which of the following is true regarding the federal and state constitutions?Version 1 12 A) Every other form of law must be consistent with the United States Constitution or it will be struck down by the courts. B) Compared to the U.S. Constitution, state constitutions are much more adaptable to changing conditions. C) The U.S. Constitution is much more specific and detailed than the various state constitutions. D) The U.S. Constitution has had only 21 additional amendments in the more than 200 years since the adoption of the Bill of Rights. 48) Which of the following is true regarding the judicial process of legal interpretation? A) Most statutes are written in very specific and exacting language. B) Where a statute has been interpreted by a government agency, the courts traditionally defer to that interpretation if it seems reasonable. C) A court’s power to interpret is largely inconsequential. D) Courts are generally prohibited from broadening or narrowing the reach of a law. 49) Which of the following is true regarding stare decisis? A) It lends uncertainty to decisional law by disregarding prior judicial decisions. B) State court decisions are binding only within the same state. C) The common law is precisely the same from state to state. D) A court in South Carolina must follow a precedent established by a court in North Carolina. 50) Which of the following is true regarding judicial precedent and the constitutional prohibition of ex post facto laws?Version 1 13 A) The constitutional prohibition of ex post facto laws applies to common law. B) The constitutional prohibition of ex post facto laws applies to decisional law. C) Often, a court will distinguish the case before it from precedent by finding differences in facts between the two cases. D) Precedent determined to be in error or out-of-date may be overruled without prior notice. 51) Which of the following is true regarding preventive law? A) In earlier times, business managers generally employed lawyers only in non-emergency situations. B) In earlier times, a business manager might hire a lawyer if a supplier’s goods were defective and no settlement could be reached. C) The use of lawyers by individuals for personal, non-business matters is called preventive law. D) In the past quarter century, there has been a qualitative but not a quantitative change in the concern of business managers with law. SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 52) List the four basic functions of law. 53) Describe the difference between criminal and civil law. What are the penalties that accompany violations of each? 54) List the primary sources of law.Version 1 14 55) Describe the four steps in the process of legal interpretation. 56) Define the three steps involved in applying stare decisis.