Q&A Hero

Q: Which of the following statements is true of substantive law? A. The rules of law governing the process of a lawsuit are substantive in nature. B. It deals with the method and means by which procedural law is made and administered. C. The time allowed for one party to sue another is an example of substantive law. D. Enforcement of a contractual promise is substantive in nature. E. It provides the machinery for rights and duties.

Q: Which of the following is a type of public law? A. Contract law B. Property law C. Tort law D. Hybrid law E. Criminal law

Q: Private law traditionally includes __________. A. international law B. property law C. administrative law D. constitutional law E. criminal law

Q: The _____ in prior cases were necessary to reach the decisions in those cases. A. dicta B. holdings C. citations D. statutes E. ordinances

Q: Which of the following statements is true of civil cases? A. They typically involve a representative of government attempting to prove the wrong committed against society and seeking to have the wrongdoer punished by the court system. B. They typically involve a request for damages or other appropriate relief that does not involve punishment of the wrongdoer. C. They typically include matters that involve the regulation of society as opposed to individuals interacting. D. They typically include matters that involve the interpretation and application of either the federal or state constitutions. E. They typically include legal principles that apply to government agencies, bureaus, boards, or commissions.

Q: Which of the following statements is true of tort law? B. It covers the rules of how owners transfer resources by exchanging them. C. It specifies various offenses against the proper order of the state. D. It covers the legal principles that apply to government agencies, bureaus, boards, or commissions. E. It establishes rules for compensation when an owners legal boundaries are wrongfully crossed by another.

Q: Kate has entered into a binding agreement to sell a house to Michael. When Michael shows up to complete the deal as per the agreement, Kate refuses to go through with the transaction. Which of the following best categorizes Kate and Michaels issue in the context of classifications of laws? A. This is a public law issue regarding substantive law. B. This is a private law issue regarding contract law. C. This is a public law issue regarding property law. D. This is a private law issue regarding criminal law. E. This is a public law issue regarding tort law.

Q: The time allowed for one party to sue another and the rules of law governing the process of a lawsuit are examples of __________. A. tort laws B. procedural laws C. international laws D. substantive laws E. property laws

Q: Positive law is contrary to the philosophy of _____. A. specific performance B. legal realism C. historical jurisprudence D. natural law E. sociological jurisprudence

Q: Stephanie has written a book, Mirari, and was talking to some interested parties from Hollywood about making a movie based on it. However, she turned down an offer due to differences of opinion. A year later, Mirari was made into a movie but it did not acknowledge the author. This scenario best reflects a violation of _____. A. property law B. administrative law C. constitutional law D. criminal law E. contract law

Q: Meril is a luxury bag brand that has its own distinctive pattern. The company recently learned that another retailer has been selling fake Meril bags. The legal dispute that will arise here is most likely to be governed by _____. A. administrative law B. constitutional law C. property law D. criminal law E. contract law

Q: So significant is the role of judges in the United States that they determine the meaning of the Constitution and can declare void the legislation of Congress and the acts of the president. This illustrates that the legal system in the United States is based on _____. A. civil law B. religious law C. common law D. hybrid law E. constitutional law

Q: _____ do not make law nor do their judges think themselves obligated to follow prior judicial decisions called precedents. A. Common law courts B. Religious law courts C. Civil law courts D. Administrative law courts E. Constitutional law courts

Q: _____ covers the legal principles that apply to government agencies, bureaus, boards, or commissions. A. Administrative law B. Constitutional law C. Tort law D. Criminal law E. Contract law

Q: The ideas and philosophies that explain the origin of law and its justification are called _____. A. the rule of law B. torts C. stare decisis D. jurisprudence E. statutes

Q: _____ law jurisprudence believes that law is simply the commands of the state backed up by force and punishments. A. Positive B. Natural C. Historical D. Sociological E. Tort

Q: Which of the following schools of jurisprudence emphasizes that contemporary law should focus on legal principles that have withstood the test of time in a nation? A. Sociological B. Tort C. Positive D. Historical E. Natural

Q: _____ jurisprudence supports the idea that law can and should change to meet new developments in society. A. Historical B. Natural C. Sociological D. Positive law E. Legal realism

Q: Which of the following philosophies of law tries to go beyond just the words of law to examine what police, administrators, prosecutors, and judges are actually doing as they enforce, interpret, and apply laws? A. Positive law jurisprudence B. Sociological jurisprudence C. Stare decisis D. Legal realism E. Originalism

Q: Which law forbids owners from monopolizing classes of resources and sets rules for how businesses can compete to acquire ownership in new resources? A. Regulatory law B. Tort law C. Antitrust law D. Antidiscrimination law E. Securities law

Q: In the context of property, contract law__________. A. enables an owner to exchange resources, especially at a future date B. compensates owners whose resources are wrongfully harmed by the actions of others C. punishes those who harm an owners resources in particular ways D. identifies how individuals can own and use private resources in groups E. protects ownership and sets limits on private resource use

Q: _____ law both protects ownership and sets limits on private resource use. A. Tort B. Antitrust C. Securities D. Regulatory E. Contract

Q: The law protecting the owners of a business organization from the managers who run it for them is _____. A. corporate governance B. antitrust law C. constitutional relativity D. contract law E. tort law

Q: Corporate governance rules protect the property interest that the owners have in corporations.

Q: Corporate governance can fail even when corporate managers do nothing illegal.

Q: Article 6 of the Treaty on European Union, called the Maastricht Treaty, says the EU is founded on __________. A. specific performance B. the law of eminent domain C. stare decisis D. the rule of law E. constitutional relativity

Q: Which of the following statements is true of the rule of law? A. Rule-of-law nations adopt laws supporting the private market because it is in everyones interest, including the lawmakers. B. Under the rule of law, laws that are made are not generally and equally applicable. C. Its only aim is to prevent special interest groups to benefit at the expense of others. D. It adopts laws supporting the growth of the public markets over private markets, increasing economic growth of nations. E. It removes the power of the courts and creates an autocratic regime where businesses can freely invest and economic growth is high.

Q: _____ property is an ownership fence, which applies to resources like land that more than one individual owns jointly. A. Private B. Civil C. Public D. Common E. Tort

Q: A property-based legal system ___________. A. is unimportant in Western legal systems B. believes that law is simply the commands of the state backed up by force and punishments C. is contrary to the philosophy of natural law D. does not allow for the transfer of private resources E. allows people to exclude others from interfering with what their efforts produce

Q: _____ can be thought of as the central concept underlying Western legal systems. A. Dicta B. Property C. Tort law D. Ethics E. Eminent domain

Q: In addition to compensatory damages, breach-of-contract cases may award punitive damages, when the breaching party knew or had reason to know that special circumstances existed that would cause the other party to suffer additional losses if the contract were breached.

Q: A strict liability tort requires the plaintiff to show that a defendant injured what was proper to a plaintiff through unreasonable behavior.

Q: Sanctions for breach of contract include death sentences.

Q: The threat of sanctions usually results in compliance with the requirements of law.

Q: The single largest number of lawsuits today, especially in the federal courts, involves one business suing another business for tortious conduct.

Q: Tort law helps protect property boundaries by providing compensation when someone wrongfully crosses such boundaries.

Q: With reference to the hierarchy of sources of law, case law prevails over local ordinances.

Q: The Fourteenth Amendment to the Constitution recognizes that the law is enforced by taking a persons life, freedom, or the resources that he or she owns.

Q: Whether it is stated in the contract or not, when a breach of contract occurs, the injured party will usually recover his or her attorney fees as part of compensatory damages.

Q: Legislation passed by the Congress is called a statute or an act.

Q: The Second Amendment to the Constitution holds that No State shall . . . deprive any person of life, liberty or property without due process of law.

Q: Disadvantages of case law do not destroy the benefits of certainty, predictability, and stability provided by case law and stare decisis.

Q: Judges in future cases are not as likely to follow the dicta in prior cases as they are the holdings.

Q: Under stare decisis, judges in current cases follow whenever possible the interpretation of law determined by judges in prior cases.

Q: In administrative law, a government official represents society, or the people, and the official is responsible for seeking justice to achieve the ends of society.

Q: Property law involves the recognition of exclusive right in both tangible and intangible resources.

Q: Contract law often but not always requires actual injury to the owners resources.

Q: Judges in civil law courts find themselves obligated to follow precedents.

Q: In constitutional law, originalism is synonymous with constitutional relativity.

Q: The civil law arose in the eleventh and twelfth centuries as the English monarch appointed royal judges to ride circuits around the English countryside and to resolve disputes in the name of the king (or queen).

Q: Louisiana is the only state in the United States that follows a partial civil law system due to its historical ties with France, a civil law nation.

Q: The common law relies more on legislation than judicial decisions to determine what the law is.

Q: The United Kingdom, the United States, Canada, Jamaica, India, Nigeria, New Zealand, and a few other countriesall colonized by Englandfollow the common law.

Q: Jurisprudence is the rule of law.

Q: Natural law theory asserts that law contains universal moral principles.

Q: Sociological jurisprudence emphasizes that contemporary law should focus on legal principles that have withstood the test of time in a nation.

Q: Jurisprudence refers to the general body of law interpretations by judges as different from legislation passed by legislators.

Q: Legal realism is the idea that courts should understand the meaning of the Constitution relative to the times in which they interpret it.

Q: The first known written set of laws was the Code of Hammurabi.

Q: Rule-of-law nations adopt laws supporting the private market because it is in everyones interest, including the lawmakers.

Q: Common property applies to public resources owned by the government (or state) like roads, public buildings, public lands, and monuments.

Q: Contract law compensates owners whose resources are wrongfully harmed by the actions of others.

Q: Regulatory law forbids owners from monopolizing classes of resources and sets rules for how businesses can compete to acquire ownership in new resources.

Q: Law is considered to be an informal social force.

Q: ACE at its Maspeth, New York facility consolidates, containerizes and forwards cargoes for sea shipment and removes incoming cargoes from containers. KAS, with offices in New York City, is an incorporated association of employers engaged in various operations involved in the shipment of cargo, freight and transportation of passengers in and out of the Port of New York. The Union is a labor organization. ACE contends that this loading and unloading had been performed by the Union members. Now instead of the Union the Trucking Co. performed the work of filling the containers with respect to outgoing cargoes and the unloading of incoming containers on ACE's Maspeth premises. ACE contends Union has been successful in getting KAS, including its employer-members to cease furnishing containers to ACE and to stop handling freight for ACE. What is this kind of activity by the Union referred to as? Is it legal?

Q: Under what conditions is picketing to force an employer to recognize an uncertified union an unfair labor practice?

Q: ColdBev is a California corporation engaged in the production, bottling, and distribution of beverages. In March 1949 it entered into a collective bargaining agreement concerning the wages, hours, and working conditions of its nonsupervisory employees with the United Employees' Association. Beginning in June 1949 the union engaged in activities designed to compel the company to recognize the union as the exclusive bargaining representatives of the company's employees. To enforce their demand for recognition, the union began peaceful picketing of retail stores which sold the plaintiff's products. Picket signs announced that the company's products were made by workers who were not members of the United Employees' Association. What are the activities indulged in by the United Employees' Association termed as? Are the activities legal?

Q: Carpenters Brotherhood is a registered union with Fidelity Interior Construction. Fidelity Interior Construction started using non-union workers unable to fulfill the constant and unreasonable demands of the union. In retaliation the union launched a campaign to prevent the hiring of nonunion workers. It sent out "warning letters" to building owners, property managers and general contractors indicating it would retaliate against anyone doing business with Fidelity Interior Construction. If they didn't comply, the union emphasized that the business would be subject to picketing, noisemaking, chanting and other forms of worksite pressure. What is this kind of activity termed as? Are they legal?

Q: In the days of wood and coal engines, having a fireman on board a train was a reasonable requirement. But as diesel and electric engines came into use fire men were not required on the trains anymore. Despite that railroad companies were often required by the union contract to continue to employ firemen. What is this kind of unfair labor practice termed as?

Q: What are the six unfair labor practices by unions as established by the Taft-Hartley Act?

Q: When a threatened or actual strike or lockout, affecting an entire industry, that imperils national health or safety occurs or is imminent, what procedures does the Taft-Hartley Act mandate?

Q: Drake worked for New Health, Inc, which placed him within a collective bargaining unit represented by a union. He was told that if he did not join the union and pay dues, he would be fired. Drake filed an unfair labor practice charge against the union and his employer with the NLRB. His employer dismissed the complaint on the grounds it is the official policy of the company. Is the company correct in making membership of an union mandatory for employment?

Q: An organization informed the job applicants that they have to join one of the two unions in order to apply for a job in the organization. Two of the applicants had ideological differences and they therefore refused to join either of the unions. The third one had a dispute with one of them and therefore he too refused to join either of the unions. The applications of all the three individuals were dismissed on the grounds that joining one of the unions is the condition for employment. Does this act violate the Taft-Hartley Act?

Q: What rights do workers enjoy in states with right to work laws? What is the worker's and the union's responsibility in such states?

Q: A particular hospital placed a restriction on the use of e-mail by its employees. Employees regularly use the hospital computer system to communicate with each other on union matters. The hospital had never warned the union that its messages were being blocked which included one message which had urged unit member not volunteer for certain assignments. Is the blocking of the e-mail an example of an unfair labor practice?

Q: Name the issues that are classified as compulsory bargaining issues in union negotiations?

Q: Mention the personnel who are exempt from the NLRB'S authority?

Q: Apart from elections what is the other method of certifying an union?

Q: Under the Wagner Act, what are the five unfair labor practices by management?

Q: A union of American seamen was peacefully picketing a foreign ship operated entirely by a foreign crew under foreign articles while temporarily in an American port. They were protesting against loss of livelihood by American seamen to foreign flagships with substandard wages or substandard conditions and in order to prevent the foreign ship from unloading its foreign cargo in the American port. Does the federal court have the power to issue injunctions in the above case?