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Business Law
Q:
The source of each of the following types of law except _______ is primarily statutory.
A. zoning laws
B. contracts for services
C. contracts for the sale of goods
D. employment discrimination
Q:
The clean hands doctrine is most specifically applied to:
A. primarily plaintiffs.
B. primarily defendants.
C. both plaintiffs and defendants equally.
D. the judge and jury deciding the case.
Q:
Secondary sources of law:
A. are looked to when there is no primary source of law that applies to the facts of a case.
B. are considered a valid independent authority.
C. apply to both federal and state legal issues.
D. have no legally binding effect.
Q:
Under the American legal system, subject to some exceptions, costs of litigation regarding both the plaintiff and the defendant:
A. are all paid by the loser.
B. are all paid by the winner.
C. are paid for by each side, with the plaintiff and defendant paying for their own legal costs.
D. are totaled by the court and then, for fairness, are split in half, with each side paying an equal amount.
Q:
Regulations created and enforced by federal regulatory agencies are examples of:
A. administrative laws.
B. antitrust laws.
C. labor laws.
D. securities laws.
Q:
Which of the following, from highest to lowest, properly demonstrates preemption?
A. federal common law; federal statutes; U.S. Constitution
B. state statutory law; federal common law; federal administrative law
C. state common law; state administrative law; state statutory law
D. federal administrative law; federal common law; state statutory law
Q:
Bradley collects historic memorabilia, and one of his prized possessions is the pistol used by Aaron Burr in his duel with Alexander Hamilton. After reading an article in a magazine, Bradley discovers that Sam owns the matching pistol, used by Hamilton in the duel. Bradley contacts Sam and offers him $500,000 for the pistol. Sam e-mails Bradley that he accepts his offer but that the transaction must be for cash and face-to-face. Bradley responds that he'll be at Sam's home at noon the next day with the money. When he arrives, Sam informs him that he's received an offer of $600,000 for the pistol and states that Bradley must pay that amount or he'll sell to the other buyer. Bradley wants the weapon to complete the set. If he sues Sam, what course of action will best provide him the results he desires?
A. Sue for breach of contract and seek a legal remedy.
B. Sue for an injunction.
C. Bring a suit in equity and seek monetary damages.
D. Sue for breach of contract and seek a decree of specific performance.
Q:
Which of the following is not available in a court of equity?
A. an order for the payment of money damages for a breach of contract
B. an order prohibiting the building of a 16-foot fence in a residential neighborhood
C. an order requiring teachers to stop picketing in a particular area
D. an order requiring a party to turn over goods after being found guilty of breach of contract
Q:
In Kauffman-Harmon v. Kauffman, when Mr. Kauffman sued his children to have all stock given to them transferred back to him, claiming their possession was only a temporary trust, the court found that:
A. a temporary trust had indeed been created and Mr. Kauffman was the equitable owner of the stock.
B. Mr. Kauffman was the equitable owner of the stock because the children had participated in a fraud when accepting ownership of the stock.
C. the children owned the stock because Mr. Kauffman's request for the return of the stock and the subsequent lawsuit came after the statute of limitations had run, so he was barred from recovery.
D. the children owned the stock and Mr. Kauffman's claims were barred by the clean hands doctrine.
Q:
A state's appellate court has made a decision in a particular case. That decision becomes case precedent in all cases except the cases heard in:
A. the state's supreme or highest court.
B. the state's special courts, such as family or probate court.
C. the state's general trial court.
D. the state's inferior or small-claims court.
Q:
In Flagiello v. Pennsylvania Hospital, the court had to balance the hospital's negligence against the charitable immunity doctrine to determine whether Flagiello could recover for injuries sustained on the hospital's property. The court determined that:
A. the charitable immunity doctrine was specifically and clearly written, so it was bound to follow the clear intent of the statutory scheme and find for the hospital.
B. the charitable immunity doctrine had been litigated in the past and stare decisis required that the court adhere to established case precedent and find for the hospital.
C. current societal norms rendered the charitable immunity doctrine inapplicable to this case and fundamental fairness allowed the court to deviate from established case precedent and find for Flagiello.
D. the charitable immunity doctrine can be repealed or overturned only by the state's legislature and stare decisis required that case precedent be followed; however, due to the severity of Flagiello's injuries, the charitable immunity doctrine allowed for certain exceptions, permitting Flagiello to recover in this case.
Q:
The official publication of federal statutory law is the:
A. Federal Register.
B. Consolidated Statutes of the United States.
C. Code of Congressional Statutes.
D. United States Code.
Q:
Kathy, a fashion model, witnessed a motor vehicle accident but did not stop because she was late for her pedicure and simply didn't want to get involved. Had she stopped, she could have saved the life of Tom, who was thrown from the car and landed in a water-filled ditch, without danger to herself. When Tom's widow hears that Kathy could have easily saved Tom's life but chose to ignore the situation, she sues Kathy. The state has no "good samaritan" laws or duty-to-assist laws, but such cases have been brought in the past. Which of the following will the court apply when making a decision in this case?
A. statutory law
B. administrative law
C. common law
D. equity law
Q:
Mega Corporation has developed a strategic plan that calls for an emphasis on appealing to a younger demographic. If it decided that such an appeal to a younger market would necessitate a change in the corporate logo and trademark, such changes would require an understanding of:
A. securities law.
B. intellectual property law.
C. contract law.
D. antitrust law.
Q:
The state of Delaware has passed a new law banning cell phone use while driving a motor vehicle within the state. This law would be defined as:
A. an ordinance.
B. a regulation.
C. a statute.
D. a common law.
Q:
New York City has passed a law banning smoking of cigarettes and cigars in public bars and restaurants. This law would be defined as:
A. an ordinance.
B. a regulation.
C. a statute.
D. a common law.
Q:
Jurisprudence refers to the conducting of a trial and the rendering of a judicial decision.
Q:
Black's Law Dictionary, as cited in the textbook, defines the term law as including each of the following except:
A. law is a body of rules.
B. law is conduct prescribed by a controlling authority.
C. law has a binding force.
D. law regulates personal ethics.
Q:
Jurisprudence is defined as:
A. adjudication of lawsuits.
B. the enactment of laws by a government body.
C. the science and philosophy of law.
D. the duties and obligations owed by a citizen.
Q:
Philip believes that moral values inherent in humankind should form the basis of law and that these principles are a higher authority than human-made law. Philip is a proponent of:
A. natural law.
B. legal realism.
C. legal positivism.
D. social law.
Q:
Joshua is a highly accomplished soccer player and a successful coach. He is often hired by other coaches to run soccer clinics and soccer camps for their teams. If Joshua decides to incorporate and sell stock to finance the corporation, the area of law that he would need to be aware of with regard to the stock sales would be:
A. securities law.
B. intellectual property law.
C. contract law.
D. antitrust law.
Q:
Arbitration and mediation are preferred dispute resolution methods because they always result in a satisfactory outcome for both sides of the dispute.
Q:
Ordinances will preempt state-level statutes.
Q:
Alternative dispute resolution, when used to settle a business dispute, is usually not subject to appeal to a court.
Q:
Laws relating to contracts for the sale of goods are primarily found in the common law.
Q:
The U.S. system of common law is deep-seated in the French common law established by the Norman kings around 1066.
Q:
Civil law systems reject and prohibit the use of precedent, relying solely on strict interpretations of statutes.
Q:
When a Pennsylvania appellate court makes a decision, stare decisis requires that Delaware trial courts follow the case precedent when a case with a similar fact situation arises.
Q:
Aggressive litigation generally results in a high monetary cost for a corporation.
Q:
Restatements of the Law are written and revised by Congress and state legislatures as needed.
Q:
All statutes have a statutory scheme, but not all statutes have a legislative history.
Q:
The common law is the law that all states follow to avoid confusion and to promote consistency from state to state.
Q:
A zoning law that regulates what a landowner may or may not do with his or her privately owned property is an example of a public law.
Q:
Laws requiring that the police show reasonable cause and obtain a search warrant before entering a place of business to search for evidence are examples of substantive laws.
Q:
Criminal law is designed to compensate parties for money lost as a result of another's unlawful conduct.
Q:
For private law to be applied, there must be a statute or ordinance enacted that provides for the rights of the parties.
Q:
Criminal law can be characterized as public law but can never be considered private law.
Q:
Freedom of speech, as defined in the Constitution, is an example of substantive law.
Q:
Most states have separate courts of law and equity.
Q:
A statute of limitations determines the maximum and minimum amounts of monetary relief that may be granted in different types of civil lawsuits.
Q:
The purpose of secondary sources of law is to increase uniformity and fairness across courts in the 50 states.
Q:
A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.
Q:
Courts regularly question and overturn administrative-agency decisions involving how and when an agency enforces a regulation.
Q:
The power of courts to establish law in matters not specifically addressed by statutes is very limited in common law countries.
Q:
Equitable remedies are available to compensate injured parties in both civil and criminal lawsuits.
Q:
Law today is crucial to business by creating some degree of reliability to be used in business planning and commercial transactions.
Q:
States tend to amend their constitutions less frequently than is the case with the U.S. Constitution.
Q:
A presidential veto may be overridden by a two-thirds majority vote of the Senate.
Q:
Legal realism is the oldest form of American jurisprudence; it was founded during the American Revolution and forms the basis for the U.S. Constitution.
Q:
Judicial opinions are also known as the ________ of the case.
Q:
A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the Law.
Q:
Trial lawyers are also referred to as _______.
Q:
________ are recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties.
Q:
Legal positivists believe that agreed-upon laws should be uniformly and strictly enforced and may be changed only by the government.
Q:
When the United States Supreme Court formally recognized its role in achieving equality for all Americans during the civil rights movement, it was following a ________ philosophy.
Q:
Attorneys who work for a company and are part of the executive or midlevel management team are specifically referred to as ________ counsel.
Q:
Attorneys, particularly in a business context, are also referred to as _______.
Q:
Measures of judicial action intended to compensate an injured party in a civil lawsuit are called _______.
Q:
Equitable rules used in the context of common law rules that guide courts in deciding cases or controversies are called equitable _______.
Q:
Much of the origins of the law dealt with issues related to _______.
Q:
Which of the following is an example of an autonomous agency of the United Nations?
A) the North Atlantic Treaty Organization
B) the Security Council
C) the World Trade Organization
D) the International Monetary Fund
Q:
Which of the following is true of the International Monetary Fund?
A) The IMF is a federal body that consists of representatives of all the states and federal experts in the United States.
B) The IMF is funded from the Superfund created by the Comprehensive Environmental Response, Compensation, and Liability Act.
C) The IMF is an autonomous agency under the UN which promotes sound monetary, fiscal, and macroeconomic policies worldwide.
D) The IMF is responsible for providing one-time grants to needy countries with no terms and conditions attached to the assistance.
Q:
The ________ is an international organization created by a multilateral treaty in 1945 to promote social and economic cooperation among nations and to protect human rights.
A) United Nations
B) League of Nations
C) General Agreement on Tariffs and Trade
D) World Trade Organization
Q:
The General Assembly of the United Nations is ________.
A) a collection of autonomous agencies that deal with the socio-economic problems of the United States
B) the legislative body of the United Nation that is composed of all UN members
C) a group of 15 member nations that is primarily responsible for maintaining international peace and security
D) the staff of persons that administers the day-to-day operations of the UN
Q:
Which of the following branches of the United Nations is primarily responsible for maintaining international peace and has authority to use armed force for this purpose?
A) the General Assembly
B) the Secretariat
C) the Security Council
D) the International Court of Justice
Q:
Which of the following is headed by the secretary-general of the UN?
A) the International Court of Justice
B) the Secretariat
C) the Security Council
D) the General Assembly
Q:
The ________ is a staff of persons that administers the day-to-day operations of the UN.
A) Council of Ministers
B) Security Council
C) General Assembly
D) Secretariat
Q:
Which of the following pairs of constitutional provisions gives the federal government the authority to regulate foreign affairs?
A) the Due Process Clause and Double Jeopardy Clause
B) the Supremacy Clause and Equal Protection Clause
C) the Free Exercise Clause and Establishment Clause
D) the Foreign Commerce Clause and Treaty Clause
Q:
If a state enacts a law that increases its tax on imported automobiles but not on American-made automobiles, it violates the ________ of the U.S. Constitution.
A) Equal Protection Clause
B) Foreign Commerce Clause
C) Supremacy Clause
D) Due Process Clause
Q:
Which of the following statements is true of the Treaty Clause?
A) It provides that the president can make treaties on his own accord autonomously.
B) It provides that the president can enter into treaties with two-thirds senate approval.
C) It provides that the states have exclusive power to regulate internal and foreign affairs.
D) It provides that the federal government has supremacy over the state in matters of international trade.
Q:
Under the Treaty Clause, the ________ is seen as the agent of the United States in dealing with foreign countries.
A) the Secretariat
B) the president
C) the United Nations
D) the United States Senate
Q:
An agreement between two or more nations that is formally signed by an authorized representative of each nation and ratified by each nation is defined as a(n) ________.
A) statute
B) charter
C) treaty
D) arraignment
Q:
Treaties arranged by international organizations like the United Nations are known as ________.
A) arraignments
B) easements
C) amendments
D) conventions
Q:
The canons of Christian faiths provide rules for believers to follow in living their lives and professing their faith.
Q:
The Code of Canon Law of 1983 stipulates the code of conduct to be followed by all Christians around the world.
Q:
Classical Hindu law heavily rests on civil codes adopted during the reigns of different kings.
Q:
Which of the following statements is true with regard to international law?
A) All legal matters of international importance are prosecuted by a single world court that is responsible for interpreting international law.
B) The enforcement of all international laws is regulated by a unitary world executive branch.
C) There is no single legislative source from which all international laws are created.
D) All countries have to follow the international laws enacted by other countries.
Q:
The Islamic law of Shari'a encourages levying interest on loan payments.
Q:
A choice of law clause is a mandatory clause that should be present in every international contract.
Q:
The act of state doctrine allows the citizen of one country to fight a case in that country against a law prevalent in another.