Deck 1: An Introduction to Dynamic Business Law
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Deck 1: An Introduction to Dynamic Business Law
1
The president issued an executive order requiring that every citizen purchase a head of broccoli to eat once a week in order to maintain health. The executive order was challenged and the case went to the U.S. Supreme Court. The Supreme Court declared the executive order could not be enforced because it was an abuse of the president's power. What is the primary source of law the Supreme Court would interpret to determine if the executive order was enforceable?
A) The Constitution
B) State statutes
C) Case law
D) Uniform laws
E) Executive orders
A) The Constitution
B) State statutes
C) Case law
D) Uniform laws
E) Executive orders
A
2
Presidents base the power to issue executive orders on Article II,
True
3
Business law consists of the enforceable rules of conduct that govern commercial relationships.
True
4
Only civil law regulates the behavior of individuals.
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5
There are many purposes of the law. One such purpose is serving as a moral guide by indicating minimal expectations of citizens and organizations.
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6
Which areas of business law would a human resources manager find most relevant?
A) Contracts, employment and labor law, and employment discrimination
B) Contracts only
C) Contracts and labor law, but not employment discrimination
D) Employment and labor law, but not contracts
E) Human resource managers hold administrative positions and are not concerned with areas of business law
A) Contracts, employment and labor law, and employment discrimination
B) Contracts only
C) Contracts and labor law, but not employment discrimination
D) Employment and labor law, but not contracts
E) Human resource managers hold administrative positions and are not concerned with areas of business law
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7
Case law interpretations are law, unless they are revoked later by new statutory law.
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8
The decision of a state supreme court is binding on a lower court that is located in the same state.
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9
Another name for case law is common law.
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10
Statutory law is the supreme law of the land and the foundation for all laws in the United States.
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11
When you read a case, you should:
A) Find the facts, look for the issue, critically think about the issue, and determine if your reasoning matches the reasoning of the judge.
B) Identify the legal issues, apply the facts to the legal issues, and evaluate the reasoning of the judge in light of the facts of the case.
C) Consider the truth of the facts of the case, identify legal questions raised, review the decision of the judge, and determine if the judge's decision was justified by the rule of law.
D) Find the facts, look for the issue, identify the judge's reason and conclusion, locate the rules of law that govern the reasoning, and apply critical thinking to the judge's reasoning.
E) Identify the facts, apply critical thinking skills to determine the truths of the facts, and identify how the judge interpreted the facts in the case.
A) Find the facts, look for the issue, critically think about the issue, and determine if your reasoning matches the reasoning of the judge.
B) Identify the legal issues, apply the facts to the legal issues, and evaluate the reasoning of the judge in light of the facts of the case.
C) Consider the truth of the facts of the case, identify legal questions raised, review the decision of the judge, and determine if the judge's decision was justified by the rule of law.
D) Find the facts, look for the issue, identify the judge's reason and conclusion, locate the rules of law that govern the reasoning, and apply critical thinking to the judge's reasoning.
E) Identify the facts, apply critical thinking skills to determine the truths of the facts, and identify how the judge interpreted the facts in the case.
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12
Miko comes to Jamal's law office to ask him about the law in regard to dogs running at large in her neighborhood. Jamal tells Miko that he will research the issue and get back to her. Where should Jamal look first in order to locate applicable law?
A) Restatements
B) State statutes
C) Case law
D) Uniform laws
E) Executive orders
A) Restatements
B) State statutes
C) Case law
D) Uniform laws
E) Executive orders
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13
"Legal positivism" is also known as "natural law."
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14
When courts overturn precedent and create new precedent, they are obeying the principle of stare decisis.
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15
Which of the following refers to the ability to understand the structure of what someone is saying and then apply a set of criteria to evaluate its worth?
A) Absolute skills
B) Critical-thinking skills
C) Cost-benefit skills
D) Reviewability skills
E) Traditional lawyer skills
A) Absolute skills
B) Critical-thinking skills
C) Cost-benefit skills
D) Reviewability skills
E) Traditional lawyer skills
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16
Constitutions and statutes always cover all of the detailed rules that affect business and government relations.
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17
Model or uniform laws are a source of law that are binding on courts.
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18
Public law controls both disputes between private individuals and their government and disputes involving only private individuals.
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19
Contracts, employment decisions and payments to suppliers are protected by business law.
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20
Criminal law lays out the rights and responsibilities implied in relationships between persons.
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21
[The Stolen Laptop] Ricardo told Ashley that Bob stole her laptop computer from her car. The next day, Ashley confronted Bob and slapped him for stealing her laptop. Bob had Ashley arrested for slapping him, and the local district attorney prepared to prosecute Ashley on behalf of the state. Ashley sued Bob for damages to the laptop and for maliciously having her arrested. Bob also sued Ricardo for defamation, claiming Ricardo lied to Ashley about Bob stealing the laptop.
Bob's action against Ricardo for defamation involves which types of law?
A) Criminal law and public law
B) Civil law and public law
C) Insider law and public law
D) Civil law and private law
E) Administrative law and public law
Bob's action against Ricardo for defamation involves which types of law?
A) Criminal law and public law
B) Civil law and public law
C) Insider law and public law
D) Civil law and private law
E) Administrative law and public law
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22
[Inattentive Driving] Hannah, a first year law student, drove off campus to register for an upcoming conference. Although lawmakers in her state passed a law prohibiting the use of a cell phone while operating a motor vehicle, Hannah was doing just that. When she looked down to pick up a can of soda she dropped, Hannah crashed into the side of Dev's new convertible. A police officer down the street came over to investigate. Hannah explained to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Dev approached, furious about the significant dent in his new car. Hannah says she has insurance and that she will cover the costs of the whole incident. Dev says that is insufficient; but Hannah says that under case precedent, that is his only remedy. The officer tells Hannah that she must obey duly authorized law, and proceeds to write several citations to her.
The law in Hannah's state regulating using cell phones would be classified as which of the following?
A) A statute
B) A type of common law
C) An executive order
D) A uniform law
E) A negative law
The law in Hannah's state regulating using cell phones would be classified as which of the following?
A) A statute
B) A type of common law
C) An executive order
D) A uniform law
E) A negative law
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23
A new type of hydraulic fracturing ("fracking") has been implemented to help bring more natural gas to a well site. The company associated with this process has followed all federal and state guidelines associated with the process of fracking. Residents however are very unhappy and vocal about the process of fracking and fights have broken out amongst the resident's and workers. Resident's demand the company be shut down. A new law was implemented that is designed to help keep the peace yet look at alternatives to the fracking process. The purposes of the new law include:
A) Providing order, serving as a moral guide, serving as an alternative to fighting, facilitating a sense that change is possible
B) Creating enforceable rules of law which change the way that the manufacturing process must be changed
C) Providing new rules that would allow for civil disobedience
D) Setting new rules and guidelines that would allow for protests to happen on the fracking site
E) Guaranteeing the personal freedoms of the company to continue fracking as long as they were doing so within state and federal guidelines
A) Providing order, serving as a moral guide, serving as an alternative to fighting, facilitating a sense that change is possible
B) Creating enforceable rules of law which change the way that the manufacturing process must be changed
C) Providing new rules that would allow for civil disobedience
D) Setting new rules and guidelines that would allow for protests to happen on the fracking site
E) Guaranteeing the personal freedoms of the company to continue fracking as long as they were doing so within state and federal guidelines
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24
________ law cases involve either two individuals or two organizations.
A) Civil
B) Legal realism
C) Criminal
D) Precedent
E) Public
A) Civil
B) Legal realism
C) Criminal
D) Precedent
E) Public
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25
[Inattentive Driving] Hannah, a first year law student, drove off campus to register for an upcoming conference. Although lawmakers in her state passed a law prohibiting the use of a cell phone while operating a motor vehicle, Hannah was doing just that. When she looked down to pick up a can of soda she dropped, Hannah crashed into the side of Dev's new convertible. A police officer down the street came over to investigate. Hannah explained to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Dev approached, furious about the significant dent in his new car. Hannah says she has insurance and that she will cover the costs of the whole incident. Dev says that is insufficient; but Hannah says that under case precedent, that is his only remedy. The officer tells Hannah that she must obey duly authorized law, and proceeds to write several citations to her.
What type or types of law are involved in the above situation, considering Hannah's interaction with both the officer and Dev?
A) Public law but not private law
B) Private law but not public law
C) Civil law and private law but not public law
D) Criminal law and public law but not private law
E) Public law, private law, civil law, and criminal law
What type or types of law are involved in the above situation, considering Hannah's interaction with both the officer and Dev?
A) Public law but not private law
B) Private law but not public law
C) Civil law and private law but not public law
D) Criminal law and public law but not private law
E) Public law, private law, civil law, and criminal law
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26
Adriana Gomez is a newly hired Production Manager for ABC Corporation which manufactures wind turbines. As a new manager, ABC Corp sends Adriana to training to familiarize herself with laws that might impact her work. What laws would most likely impact a production manager?
A) White collar crime, contracts, antitrust laws
B) Tort law, environmental law, contracts
C) Antitrust law, contracts, intellectual property law
D) Property law, negotiable instruments, contracts
E) Consumer law, international law, employment law
A) White collar crime, contracts, antitrust laws
B) Tort law, environmental law, contracts
C) Antitrust law, contracts, intellectual property law
D) Property law, negotiable instruments, contracts
E) Consumer law, international law, employment law
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27
Jill hires Bob to deliver flowers to local customers. If Bob and Jill get into a dispute in regards to Bob's expenses and salary, what type of law would govern the dispute?
A) Private
B) Joint
C) Criminal
D) Public
E) Common law
A) Private
B) Joint
C) Criminal
D) Public
E) Common law
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28
Which of the following entities would be responsible to make new federal laws?
A) State legislatures
B) Congress
C) Judges
D) The federal courts
E) The executive branch
A) State legislatures
B) Congress
C) Judges
D) The federal courts
E) The executive branch
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29
[The Stolen Laptop] Ricardo told Ashley that Bob stole her laptop computer from her car. The next day, Ashley confronted Bob and slapped him for stealing her laptop. Bob had Ashley arrested for slapping him, and the local district attorney prepared to prosecute Ashley on behalf of the state. Ashley sued Bob for damages to the laptop and for maliciously having her arrested. Bob also sued Ricardo for defamation, claiming Ricardo lied to Ashley about Bob stealing the laptop.
Which of the following would be involved in the prosecution of Ashley for slapping Bob?
A) Public law and criminal law
B) Private law and criminal law
C) Private law and civil law
D) Public law and civil law
E) Civil law and criminal law
Which of the following would be involved in the prosecution of Ashley for slapping Bob?
A) Public law and criminal law
B) Private law and criminal law
C) Private law and civil law
D) Public law and civil law
E) Civil law and criminal law
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30
If a victim of assault does not want the abuser arrested but the prosecutor brings charges anyway since the assault violated criminal laws, the reason for the prosecutor's actions is:
A) A violation of criminal laws is an act against the public as a whole.
B) The abuser has committed a civil law violation in addition to a criminal one.
C) Private law has been violated and the prosecutor has a duty to act.
D) Natural law has been violated and the prosecutor has a duty to act.
E) The prosecutor's responsibility is to regulate disputes between private individuals under criminal law.
A) A violation of criminal laws is an act against the public as a whole.
B) The abuser has committed a civil law violation in addition to a criminal one.
C) Private law has been violated and the prosecutor has a duty to act.
D) Natural law has been violated and the prosecutor has a duty to act.
E) The prosecutor's responsibility is to regulate disputes between private individuals under criminal law.
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31
If a manufacturing plant continues to allow toxins above the legal limit to escape into the atmosphere in violation of state law, which law is implicated?
A) Private
B) Common law
C) Criminal
D) Public
E) Black letter
A) Private
B) Common law
C) Criminal
D) Public
E) Black letter
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32
[The Stolen Laptop] Ricardo told Ashley that Bob stole her laptop computer from her car. The next day, Ashley confronted Bob and slapped him for stealing her laptop. Bob had Ashley arrested for slapping him, and the local district attorney prepared to prosecute Ashley on behalf of the state. Ashley sued Bob for damages to the laptop and for maliciously having her arrested. Bob also sued Ricardo for defamation, claiming Ricardo lied to Ashley about Bob stealing the laptop.
Which statements are true regarding Ashley's claim against Bob for damages involving the laptop and her claim that Bob maliciously had her arrested?
A) The claim for damages involving the laptop and also the claim that Bob maliciously had her arrested are civil claims involving private law.
B) The claim for damages involving the laptop is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a civil claim involving public law.
C) The claim for damages involving the laptop is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a criminal claim involving public law.
D) The claim for damages involving the laptop is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a criminal claim involving private law.
E) The claim for damages involving the laptop and also the claim that Bob maliciously had her arrested are criminal claims involving private law.
Which statements are true regarding Ashley's claim against Bob for damages involving the laptop and her claim that Bob maliciously had her arrested?
A) The claim for damages involving the laptop and also the claim that Bob maliciously had her arrested are civil claims involving private law.
B) The claim for damages involving the laptop is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a civil claim involving public law.
C) The claim for damages involving the laptop is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a criminal claim involving public law.
D) The claim for damages involving the laptop is a civil claim involving private law, but the claim that Bob maliciously had her arrested is a criminal claim involving private law.
E) The claim for damages involving the laptop and also the claim that Bob maliciously had her arrested are criminal claims involving private law.
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33
If someone has failed to live up to a promise made to a business organization, the business organization should:
A) Seek a legal remedy within the courts
B) Ask the lawmakers to impose a punishment upon the violation
C) Publicly shame the violator for breaking his promise
D) Turn to the executive branch to impose legal penalties
E) Ask lawmakers and the executive branch to impose consequences
A) Seek a legal remedy within the courts
B) Ask the lawmakers to impose a punishment upon the violation
C) Publicly shame the violator for breaking his promise
D) Turn to the executive branch to impose legal penalties
E) Ask lawmakers and the executive branch to impose consequences
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34
A majority of citizens in a democracy can agree to permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community. These rules are what we refer to as the ________.
A) Electoral college
B) Community standard
C) Democratic validation
D) Stare decisis
E) Law
A) Electoral college
B) Community standard
C) Democratic validation
D) Stare decisis
E) Law
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35
One purpose of the law is to:
A) Allow individuals to impose rules on others
B) Require businesses and individuals to rely on the dependability of others
C) Enable businesses and individuals to rely on the good will of one another
D) Facilitate a sense that change is possible after a rational consideration of options
E) Preserve existing social order and prevent change
A) Allow individuals to impose rules on others
B) Require businesses and individuals to rely on the dependability of others
C) Enable businesses and individuals to rely on the good will of one another
D) Facilitate a sense that change is possible after a rational consideration of options
E) Preserve existing social order and prevent change
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36
[Inattentive Driving] Hannah, a first year law student, drove off campus to register for an upcoming conference. Although lawmakers in her state passed a law prohibiting the use of a cell phone while operating a motor vehicle, Hannah was doing just that. When she looked down to pick up a can of soda she dropped, Hannah crashed into the side of Dev's new convertible. A police officer down the street came over to investigate. Hannah explained to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Dev approached, furious about the significant dent in his new car. Hannah says she has insurance and that she will cover the costs of the whole incident. Dev says that is insufficient; but Hannah says that under case precedent, that is his only remedy. The officer tells Hannah that she must obey duly authorized law, and proceeds to write several citations to her.
Bob and Tom were in a car accident on a street within Normandy city boundaries. Bob was ticketed for driving under the influence (DUI). This was Bob's third DUI. Tom sustained bodily damages and damage to his vehicle. If Bob is sued by Tom and the city of Normandy:
A) Bob will be sued under the criminal laws only of Normandy by both parties.
B) Bob will be sued under the civil laws of Normandy only by both parties.
C) Bob will be sued by Tom under the criminal laws of Normandy and the civil laws of Normandy by the city's prosecutor.
D) Bob will be sued by Tom under the civil laws of Normandy and the criminal laws of Normandy by the city's prosecutor.
E) Only Tom would be able to be sue Bob because of the accident.
Bob and Tom were in a car accident on a street within Normandy city boundaries. Bob was ticketed for driving under the influence (DUI). This was Bob's third DUI. Tom sustained bodily damages and damage to his vehicle. If Bob is sued by Tom and the city of Normandy:
A) Bob will be sued under the criminal laws only of Normandy by both parties.
B) Bob will be sued under the civil laws of Normandy only by both parties.
C) Bob will be sued by Tom under the criminal laws of Normandy and the civil laws of Normandy by the city's prosecutor.
D) Bob will be sued by Tom under the civil laws of Normandy and the criminal laws of Normandy by the city's prosecutor.
E) Only Tom would be able to be sue Bob because of the accident.
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37
A national restaurant chain must pay damages for breach of contract to a cooking oil supplier. What type of law is involved?
A) Public law only
B) Private law only
C) Civil law only
D) Public, private, and civil law
E) Private law and civil law
A) Public law only
B) Private law only
C) Civil law only
D) Public, private, and civil law
E) Private law and civil law
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38
Tim decides that he is in desperate need of money and decides to rob a bank. He is caught and arrested. What type of law would be applied to him when brought to trial?
A) Civil
B) Procedural
C) Tort
D) Consumer
E) Criminal
A) Civil
B) Procedural
C) Tort
D) Consumer
E) Criminal
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39
After a court action brought by Mary, Mary was awarded $1,000 in damages from Stanley because she proved by a preponderance of the evidence that Stanley damaged her bicycle. What type of law applied to Mary's case that resulted in her being awarded $1,000?
A) Criminal
B) Procedural
C) Civil
D) Natural
E) Positive
A) Criminal
B) Procedural
C) Civil
D) Natural
E) Positive
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40
Some laws have been adopted to help business conduct business online. Cyberlaw is based primarily on ________.
A) International law
B) Administrative law
C) Existing law
D) Natural
E) Positive
A) International law
B) Administrative law
C) Existing law
D) Natural
E) Positive
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41
When a state supreme court issues a binding ruling on a matter of law, who must follow the precedent set by the state supreme court?
A) The United States Supreme Court
B) The U.S. Congress
C) State legislatures
D) Lower courts within the same state
E) All lower courts in the United States
A) The United States Supreme Court
B) The U.S. Congress
C) State legislatures
D) Lower courts within the same state
E) All lower courts in the United States
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42
Judge Jones is reviewing a cyberbullying case in her courtroom. When Judge Jones rules, in her pronouncement of the case, she discusses the law along with the importance of social conditions behind her ruling. She also is parting from past precedents in order to follow societal values in regards to cyberbullying. Judge Jones is using which school of jurisprudence?
A) The historical school of law
B) Legal positivism
C) Natural law
D) Legal realism
E) Stare decisis
A) The historical school of law
B) Legal positivism
C) Natural law
D) Legal realism
E) Stare decisis
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43
The group that urges states to enact model laws to provide greater uniformity of law is called the ________.
A) Model Law on Uniform State Laws Organization
B) Federal Uniform Law Commission
C) National Conference of Commissioners on Uniform State Laws
D) Model and Uniform Law Consortium
E) Uniform Statutory Enforcement Commission
A) Model Law on Uniform State Laws Organization
B) Federal Uniform Law Commission
C) National Conference of Commissioners on Uniform State Laws
D) Model and Uniform Law Consortium
E) Uniform Statutory Enforcement Commission
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44
Lori and Tim are negotiating a new business deal that requires an interpretation of a law made by their state twenty years ago. Tim knows that there are cases regarding this law that have been tried in a court within their city's boundaries. If Tim relies on these cases as the law, he is referring to ________.
A) Statutory law
B) Administrative law
C) Executive orders
D) Precedent
E) Constitutional law
A) Statutory law
B) Administrative law
C) Executive orders
D) Precedent
E) Constitutional law
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45
Regarding Ryan's legal problems in Winland, which is a true statement?
A) Ryan can rely upon the federal statutory laws of the U.S. as a defense but not the U.S. Constitution.
B) Ryan is entitled to all U.S. Constitutional rights in Winland because he is a U.S. citizen, but he cannot rely on statutory law.
C) Ryan can rely on U.S. laws as a defense only if he obtains an opinion from the office of the U.S. attorney that his operations in the U.S. have strictly complied with the law.
D) Ryan must obey the laws of Winland when operating a business in Winland and cannot rely upon U.S. laws as a defense.
E) Ryan can rely upon the federal statutory laws of the U.S. as a defense. Additionally, Ryan is entitled to all U.S. Constitutional rights in Winland because he is a U.S. citizen.
A) Ryan can rely upon the federal statutory laws of the U.S. as a defense but not the U.S. Constitution.
B) Ryan is entitled to all U.S. Constitutional rights in Winland because he is a U.S. citizen, but he cannot rely on statutory law.
C) Ryan can rely on U.S. laws as a defense only if he obtains an opinion from the office of the U.S. attorney that his operations in the U.S. have strictly complied with the law.
D) Ryan must obey the laws of Winland when operating a business in Winland and cannot rely upon U.S. laws as a defense.
E) Ryan can rely upon the federal statutory laws of the U.S. as a defense. Additionally, Ryan is entitled to all U.S. Constitutional rights in Winland because he is a U.S. citizen.
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46
The court hears a discrimination case in which they are asked to decide whether local anti-discrimination laws protect against a person being fired because they have red hair. The court holds that since Irish people are more likely to have red hair, this is an example of national origin discrimination and anti-discrimination laws should apply. The legislature, following the court ruling, passes a statute saying hair color is not covered by anti-discrimination laws. The legislature's action is an example of:
A) Overturning stare decisis
B) Overturning precedent
C) Revoking common law by new statutory law
D) Following precedent
E) Following stare decisis
A) Overturning stare decisis
B) Overturning precedent
C) Revoking common law by new statutory law
D) Following precedent
E) Following stare decisis
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47
The supreme law of the land is the ________.
A) U.S. Constitution
B) Declaration of Independence
C) U.S. Code
D) Model Law
E) Uniform Code
A) U.S. Constitution
B) Declaration of Independence
C) U.S. Code
D) Model Law
E) Uniform Code
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48
[International Expansion] Ryan wants to expand his coffee business into Winland, a small, remote country. He moves to Winland temporarily in order to oversee operations. His friend Terrell asks him if he plans to hire legal counsel for the expansion. Ryan replies, "Of course not. The U.S. has the strictest laws regarding contracts, employment, and business practices in the world. So long as I'm legal in the U.S., I'm legal anywhere. Besides, I studied up on Winland law ten years ago, and I know it all." Ryan proceeds and lands in jail in Winland for violating recently passed laws which make it a crime to mistreat employees and which criminalized the failure to provide certain benefits. Authorities in Winland claim that he sexually harassed an employee, failed to pay sufficient wages, and failed to give employees Winland's mandated 12 weeks of paid vacation per year.
What is true regarding Ryan's defense that he thought he knew the law of Winland because he had studied it some years before and that the laws under which he was arrested were new? (Assume the law of Winland is the same as the U.S. on this issue.)
A) Rules change and Ryan had a duty to stay current. It is not a defense that he studied the law at one time and that the laws at issue were new.
B) Ryan is entitled to rely as a defense on the fact that he had studied the law at one time. Officials in Winland were charged with publicizing any changes.
C) If Ryan can prove that the laws at issue were passed within the last twelve months before he was arrested, he will get out of jail because there is a twelve month grace period for new laws.
D) If Ryan can prove that the laws at issue were passed within the last six months before he was arrested, he will get out of jail because there is a six month grace period for new laws.
E) Ryan cannot be prosecuted so long as he was not aware he was violating the law. He did not have the requisite intent to perform a criminal act, regardless of whether the laws were new.
What is true regarding Ryan's defense that he thought he knew the law of Winland because he had studied it some years before and that the laws under which he was arrested were new? (Assume the law of Winland is the same as the U.S. on this issue.)
A) Rules change and Ryan had a duty to stay current. It is not a defense that he studied the law at one time and that the laws at issue were new.
B) Ryan is entitled to rely as a defense on the fact that he had studied the law at one time. Officials in Winland were charged with publicizing any changes.
C) If Ryan can prove that the laws at issue were passed within the last twelve months before he was arrested, he will get out of jail because there is a twelve month grace period for new laws.
D) If Ryan can prove that the laws at issue were passed within the last six months before he was arrested, he will get out of jail because there is a six month grace period for new laws.
E) Ryan cannot be prosecuted so long as he was not aware he was violating the law. He did not have the requisite intent to perform a criminal act, regardless of whether the laws were new.
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49
The United States Code is where you can go to find ________.
A) Laws enacted by Congress
B) Presidential Enactments
C) Laws of all 50 states
D) Federal Supreme Court cases
E) Court cases of all 50 states
A) Laws enacted by Congress
B) Presidential Enactments
C) Laws of all 50 states
D) Federal Supreme Court cases
E) Court cases of all 50 states
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50
Which of the following cases overturned prior precedent?
A) Brown v. Board of Education
B) Wygant v. Jackson Board of Education
C) Planned Parenthood of Southeastern Pennsylvania v. Casey
D) Plessy v. Ferguson
E) Precedent cannot be overturned
A) Brown v. Board of Education
B) Wygant v. Jackson Board of Education
C) Planned Parenthood of Southeastern Pennsylvania v. Casey
D) Plessy v. Ferguson
E) Precedent cannot be overturned
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51
[International Expansion] Ryan wants to expand his coffee business into Winland, a small, remote country. He moves to Winland temporarily in order to oversee operations. His friend Terrell asks him if he plans to hire legal counsel for the expansion. Ryan replies, "Of course not. The U.S. has the strictest laws regarding contracts, employment, and business practices in the world. So long as I'm legal in the U.S., I'm legal anywhere. Besides, I studied up on Winland law ten years ago, and I know it all." Ryan proceeds and lands in jail in Winland for violating recently passed laws which make it a crime to mistreat employees and which criminalized the failure to provide certain benefits. Authorities in Winland claim that he sexually harassed an employee, failed to pay sufficient wages, and failed to give employees Winland's mandated 12 weeks of paid vacation per year.
________ is the type of law involved in comparing laws between the U.S. and Winland.
A) Comparative law
B) Contributory law
C) Comprehensive law
D) Complete law
E) Delineated law
________ is the type of law involved in comparing laws between the U.S. and Winland.
A) Comparative law
B) Contributory law
C) Comprehensive law
D) Complete law
E) Delineated law
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52
A treaty is a binding agreement between two states or between international organizations. If the executive branch negotiates a treaty it must then be approved by:
A) The House of Representatives
B) All 50 states
C) The Senate
D) The Supreme Court
E) All of Congress
A) The House of Representatives
B) All 50 states
C) The Senate
D) The Supreme Court
E) All of Congress
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53
Which of the following is true regarding administrative agencies?
A) There are state administrative agencies, but no federal administrative agencies.
B) There are federal administrative agencies, but no state administrative agencies.
C) There are state and federal administrative agencies, but no local administrative agencies.
D) Administrative agencies exist only at the local county level.
E) Administrative agencies exist at the federal, state, and local level.
A) There are state administrative agencies, but no federal administrative agencies.
B) There are federal administrative agencies, but no state administrative agencies.
C) There are state and federal administrative agencies, but no local administrative agencies.
D) Administrative agencies exist only at the local county level.
E) Administrative agencies exist at the federal, state, and local level.
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54
When the organization in charge of proposing uniform laws proposes a statute, which of the following is true?
A) All states must adopt the uniform statute within one year.
B) All states must adopt the uniform statute within six months.
C) The uniform statute automatically goes into effect without any action by state legislatures.
D) A state legislature is not required to adopt the uniform statute; but if the state legislature decides to go forward with adoption, all portions of the statute must be adopted.
E) A state legislature can ignore the proposed uniform law, adopt it in full, or adopt it in part.
A) All states must adopt the uniform statute within one year.
B) All states must adopt the uniform statute within six months.
C) The uniform statute automatically goes into effect without any action by state legislatures.
D) A state legislature is not required to adopt the uniform statute; but if the state legislature decides to go forward with adoption, all portions of the statute must be adopted.
E) A state legislature can ignore the proposed uniform law, adopt it in full, or adopt it in part.
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55
________ laws are those laws that are implemented by a legislative body.
A) Administrative
B) Common
C) Executive
D) Statutory
E) Natural
A) Administrative
B) Common
C) Executive
D) Statutory
E) Natural
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56
When courts rely on precedent, they are obeying ________.
A) Common analysis
B) Res judicata
C) Stare decisis
D) In rem process
E) Federal law
A) Common analysis
B) Res judicata
C) Stare decisis
D) In rem process
E) Federal law
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57
The ________ contain(s) legislative acts passed by state legislatures.
A) U.S. Code
B) State codes
C) Uniform Register
D) State Reporter
E) State Reference Manual
A) U.S. Code
B) State codes
C) Uniform Register
D) State Reporter
E) State Reference Manual
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58
Judge George decides a case before his court that has the same set of facts as a case he heard four months ago. Judge George should apply ________.
A) Procedural laws
B) A different state statute
C) Restatement
D) Precedent
E) Legal realism
A) Procedural laws
B) A different state statute
C) Restatement
D) Precedent
E) Legal realism
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59
The ________ is a body of law significant to business activities including sales, banking, and warranty.
A) Federal Business Code
B) Model Business Code
C) Uniform Transactional Model
D) Uniform Commercial Code
E) Marketing Transaction Code
A) Federal Business Code
B) Model Business Code
C) Uniform Transactional Model
D) Uniform Commercial Code
E) Marketing Transaction Code
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60
Which of the following is true regarding treaties at the federal level?
A) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate.
B) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the House of Representatives.
C) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate and also by two-thirds of the House of Representatives.
D) A treaty is generally negotiated by the executive branch and no approval by the Senate or House of Representatives is needed.
E) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate and also by two-thirds of the state legislatures.
A) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate.
B) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the House of Representatives.
C) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate and also by two-thirds of the House of Representatives.
D) A treaty is generally negotiated by the executive branch and no approval by the Senate or House of Representatives is needed.
E) A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate and also by two-thirds of the state legislatures.
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61
An example of pursuing change through identification with the vulnerable would involve:
A) Arguing for stronger laws to protect abused children because abused children cannot protect themselves
B) Arguing for a stronger law to protect abused children because treating child victims is too costly for the public
C) Arguing for a stronger law to protect abused children because those who abuse children are not obeying duly authorized laws on child protection
D) Arguing for a stronger law to protect abused children because other jurisdictions have stronger laws
E) Arguing that current laws on child abuse should not be changed because of the tradition behind the laws
A) Arguing for stronger laws to protect abused children because abused children cannot protect themselves
B) Arguing for a stronger law to protect abused children because treating child victims is too costly for the public
C) Arguing for a stronger law to protect abused children because those who abuse children are not obeying duly authorized laws on child protection
D) Arguing for a stronger law to protect abused children because other jurisdictions have stronger laws
E) Arguing that current laws on child abuse should not be changed because of the tradition behind the laws
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62
Which of the following is an independent agency?
A) The Federal Deposit Insurance Corporation
B) The Consumer Product Safety Commission
C) The General Services Administration
D) The Small Business Administration
E) The Office of Personnel Management
A) The Federal Deposit Insurance Corporation
B) The Consumer Product Safety Commission
C) The General Services Administration
D) The Small Business Administration
E) The Office of Personnel Management
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63
Assume a judge writes that she is deciding to enforce a law in question but that her decision does not mean that she sees the law as the morally correct rule. The judge would have leanings in the direction of ________.
A) Legal positivism
B) Natural law
C) Legal realism
D) Conscience reaction
E) Concluding law
A) Legal positivism
B) Natural law
C) Legal realism
D) Conscience reaction
E) Concluding law
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64
The United States entered into a trade agreement with ________ known as NAFTA.
A) Canada
B) Mexico
C) Canada and Russia
D) Mexico and Canada
E) Russia and Mexico
A) Canada
B) Mexico
C) Canada and Russia
D) Mexico and Canada
E) Russia and Mexico
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65
The city council is considering a new ordinance to require stores to provide reusable bags and eliminate disposal paper or plastic bags. In determining whether to pass the law, the city council obtained an estimate for the expense stores would incur in offering reusable instead of disposable bags. They also obtained an estimate for the savings which would result from not having to clean up litter from disposable bags. Finally, they consulted with an environmentalist to assess the positive impact that phasing out bags would have, including enhanced safety for local wildlife. In deciding whether to pass the law, the council relied on:
A) The historical school
B) Stare decisis
C) A cost benefit analysis
D) Common law
E) Legal positive
A) The historical school
B) Stare decisis
C) A cost benefit analysis
D) Common law
E) Legal positive
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66
When the Supreme Court made its ruling on the legality of homosexual marriage, they considered social and economic conditions surrounding marriage rather than relying on precedent alone. This was an example of:
A) Cost-benefit analysis
B) Legal positivism
C) Historical school
D) Legal realism
E) Executive positivism
A) Cost-benefit analysis
B) Legal positivism
C) Historical school
D) Legal realism
E) Executive positivism
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67
If a United States company is determining whether or not to move their manufacturing plant to a foreign nation to help decrease costs but potentially could help the foreign nation build infrastructure and bring needed jobs to that region, the company would use which approach in their decision making?
A) Natural law
B) Common law
C) Historical school
D) Cost-benefit analysis
E) Legal realism
A) Natural law
B) Common law
C) Historical school
D) Cost-benefit analysis
E) Legal realism
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68
Judge Bob rules on a case in his state. A case in a neighboring state has the exact same facts. Judge Judy, when referring to Judge Bob's case
A) Must follow the case as precedent
B) Must follow the case as precedent but only if the law is exactly the same in her state
C) May be influenced by the ruling but is not obligated to follow it
D) Would have to seek guidance on whether or not she must follow it from a higher court in her jurisdiction
E) Would need to seek guidance from a federal court in order to determine if she is obligated to follow Judge Bob's ruling
A) Must follow the case as precedent
B) Must follow the case as precedent but only if the law is exactly the same in her state
C) May be influenced by the ruling but is not obligated to follow it
D) Would have to seek guidance on whether or not she must follow it from a higher court in her jurisdiction
E) Would need to seek guidance from a federal court in order to determine if she is obligated to follow Judge Bob's ruling
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69
Where can you find local common law?
A) State reporters
B) Regional reporters
C) The local courthouse and clerk's office
D) The state administrative code
E) Municipal ordinances
A) State reporters
B) Regional reporters
C) The local courthouse and clerk's office
D) The state administrative code
E) Municipal ordinances
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70
[To the Dogs] Maria loves animals and is opening a grooming business. She believes that caring for animals properly is very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Maria thinks, however, some local regulations make no sense. For example, there is a local ordinance that all dogs always must be kept on a leash when not in an inside area. Maria believes dogs need to exercise and to run freely in a safe area, so she is placing her business on a large lot with a fenced outside area. She thinks it is wrong to have to keep the dogs tied up while in a securely fenced area. She is aware that some members of the community have had success in changing local regulations by petitioning city council. Maria plans to proceed by petitioning to attempt a change in the leash law.
If Maria decides to follow all laws and regulations, even if she does not agree with them, this approach is rooted in what?
A) Legal positivism
B) The historical school
C) Legal realism
D) Natural law
E) Cost-benefit analysis
If Maria decides to follow all laws and regulations, even if she does not agree with them, this approach is rooted in what?
A) Legal positivism
B) The historical school
C) Legal realism
D) Natural law
E) Cost-benefit analysis
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71
The United States has strict standards for the production and transportation of chemicals. Dow Chemical insists that its suppliers conform to all the United States laws when they supply chemicals to other countries, even if the laws of these foreign countries are less restrictive in nature. This is a would be:
A) Legal positivism
B) Legal realism
C) Natural law
D) Cost benefit analysis
E) Historical school
A) Legal positivism
B) Legal realism
C) Natural law
D) Cost benefit analysis
E) Historical school
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72
[To the Dogs] Maria loves animals and is opening a grooming business. She believes that caring for animals properly is very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Maria thinks, however, some local regulations make no sense. For example, there is a local ordinance that all dogs always must be kept on a leash when not in an inside area. Maria believes dogs need to exercise and to run freely in a safe area, so she is placing her business on a large lot with a fenced outside area. She thinks it is wrong to have to keep the dogs tied up while in a securely fenced area. She is aware that some members of the community have had success in changing local regulations by petitioning city council. Maria plans to proceed by petitioning to attempt a change in the leash law.
Maria's strategy to try to change the law through petitioning city council, which others have done in the past, is rooted in which of the following?
A) Legal positivism
B) The historical school
C) Legal realism
D) Natural law
E) Cost-benefit analysis
Maria's strategy to try to change the law through petitioning city council, which others have done in the past, is rooted in which of the following?
A) Legal positivism
B) The historical school
C) Legal realism
D) Natural law
E) Cost-benefit analysis
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73
If the city of Normandy passes a new municipal ordinance, what type of law would this be considered?
A) Executive order
B) Common law
C) Statute
D) Administrative law
E) Local ordinance
A) Executive order
B) Common law
C) Statute
D) Administrative law
E) Local ordinance
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74
[To the Dogs] Maria loves animals and is opening a grooming business. She believes that caring for animals properly is very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Maria thinks, however, some local regulations make no sense. For example, there is a local ordinance that all dogs always must be kept on a leash when not in an inside area. Maria believes dogs need to exercise and to run freely in a safe area, so she is placing her business on a large lot with a fenced outside area. She thinks it is wrong to have to keep the dogs tied up while in a securely fenced area. She is aware that some members of the community have had success in changing local regulations by petitioning city council. Maria plans to proceed by petitioning to attempt a change in the leash law.
If Maria decides to ignore the leash law and let dogs run freely in the fenced outside area, this is an example of which legal school of thought?
A) Legal positivism
B) The historical school
C) Legal realism
D) Natural law
E) Cost-benefit analysis
If Maria decides to ignore the leash law and let dogs run freely in the fenced outside area, this is an example of which legal school of thought?
A) Legal positivism
B) The historical school
C) Legal realism
D) Natural law
E) Cost-benefit analysis
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75
Which of the following is based on the idea that, when ruling on a case, judges consider more than just the law; they also weigh factors such as social and economic conditions?
A) Cost-benefit analysis
B) Legal realism
C) Historical school
D) Legal positivism
E) Executive positivism
A) Cost-benefit analysis
B) Legal realism
C) Historical school
D) Legal positivism
E) Executive positivism
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76
Which of the following is reported in the Federal Reporter?
A) Statutes
B) Executive orders
C) Common law
D) Administrative laws
E) Local ordinances
A) Statutes
B) Executive orders
C) Common law
D) Administrative laws
E) Local ordinances
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77
Which of the following is an executive agency?
A) The Federal Deposit Insurance Corporation
B) The Federal Trade Commission
C) The Securities and Exchange Commission
D) The Federal Communications Commission
E) The Nuclear Regulatory Commission
A) The Federal Deposit Insurance Corporation
B) The Federal Trade Commission
C) The Securities and Exchange Commission
D) The Federal Communications Commission
E) The Nuclear Regulatory Commission
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78
Which of the following is reported in the Code of Federal Regulations?
A) Statutes
B) Executive orders
C) Common law
D) Administrative law
E) Congressional orders
A) Statutes
B) Executive orders
C) Common law
D) Administrative law
E) Congressional orders
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79
In which school of jurisprudence is the concept of stare decisis rooted?
A) The historical school
B) Legal realism
C) The cost-benefit analysis school
D) Positivism
E) Cultural reenactment
A) The historical school
B) Legal realism
C) The cost-benefit analysis school
D) Positivism
E) Cultural reenactment
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80
Which of the following is reported in the United States Code?
A) Statutes
B) Executive orders
C) Common law
D) Administrative law
E) Local ordinances
A) Statutes
B) Executive orders
C) Common law
D) Administrative law
E) Local ordinances
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