Deck 1: Law As a Foundation for Business

Question 1

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

Answer 1

False
Explanation: Civil law courts do not make law nor do their judges think themselves obligated to follow prior judicial decisions, called precedents, as they do in common law nations.

Question 2

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

Answer 2

False
Explanation: Legal realism 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. In constitutional law, the idea that courts should understand the meaning of the Constitution relative to the times in which they interpret it is known as constitutional relativity.

Question 3

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.

Answer 3

True
Explanation: Only Louisiana, among the U.S. states, follows a partial civil law system. This is due to Louisiana's historical ties with France, a civil law nation.

Question 4

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

Question 5

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.

Question 6

Law is considered to be an informal social force.

Question 7

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

Question 8

Rule-of-law nations adopt laws supporting the private market because it is in everyone's interest,including the lawmakers'.

Question 9

In constitutional law,originalism is synonymous with constitutional relativity.

Question 10

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

Question 11

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

Question 12

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

Question 13

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

Question 14

Jurisprudence is the rule of law.

Question 15

The United Kingdom,the United States,Canada,Jamaica,India,Nigeria,New Zealand,and a few other countries-all colonized by England-follow the common law.

Question 16

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

Question 17

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

Question 18

Natural law theory asserts that law contains universal moral principles.

Question 19

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).

Question 20

Contract law often but not always requires actual injury to the owner's resources.

Question 21

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 everyone's 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.

Question 22

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

Question 23

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

Question 24

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

Question 25

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

Question 26

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

Question 27

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

Question 28

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

Question 29

The Fourteenth Amendment to the Constitution recognizes that the law is enforced by taking a person's life,freedom,or the resources that he or she owns.

Question 30

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

Question 31

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

Question 32

Sanctions for breach of contract include death sentences.

Question 33

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

Question 34

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

Question 35

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.

Question 36

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

Question 37

_____ 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

Question 38

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.

Question 39

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

Question 40

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

Question 41

_____ 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

Question 42

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

Question 43

_____ 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

Question 44

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

Question 45

_____ 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

Question 46

_____ can be thought of as the central concept underlying Western legal systems.

A) Dicta
B) Property
C) Tort law
D) Ethics
E) Eminent domain

Question 47

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

Question 48

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 owner's 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

Question 49

_____ law both protects ownership and sets limits on private resource use.

A) Tort
B) Antitrust
C) Securities
D) Regulatory
E) Contract

Question 50

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

Question 51

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

Question 52

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

Question 53

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 Michael's 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.

Question 54

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

Question 55

Which of the following statements is true of tort law?

A) It involves the recognition of exclusive right in both tangible and intangible resources such as copyrights, patents, trademarks, etc.
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 owner's legal boundaries are wrongfully crossed by another.

Question 56

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

Question 57

_____ 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

Question 58

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.

Question 59

Positive law is contrary to the philosophy of _____.

A) specific performance
B) legal realism
C) historical jurisprudence
D) natural law
E) sociological jurisprudence

Question 60

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

Question 61

Private law traditionally includes __________.

A) international law
B) property law
C) administrative law
D) constitutional law
E) criminal law

Question 62

The _____ in prior cases were necessary to reach the decisions in those cases.

A) dicta
B) holdings
C) citations
D) statutes
E) ordinances

Question 63

In constitutional law,the idea that courts should understand the meaning of the Constitution relative to the times in which they interpret it is known as _____.

A) constitutional holding
B) legal realism
C) legal originalism
D) constitutional relativity
E) constitutional governance

Question 64

Following much debate,the Congress has decided to pass a bill that will increase the taxes on tobacco sales.This legislation is called a(n)__________.

A) statute
B) regulation
C) ordinance
D) tort
E) citation

Question 65

The administrative agencies in the City of Dover have passed a written law banning smoking in most restaurants and bars.This legislation is an example of a(n)__________.

A) statute
B) act
C) regulation
D) ordinance
E) jurisprudence

Question 66

One important advantage of stare decisis was __________.

A) increased emphasis on dicta than on holding
B) the elimination of alternative dispute resolution methods
C) security with regard to property
D) limited volume of cases
E) rejection of precedent

Question 67

Which of the following are judicial decisions that interpret the relevant constitutional,legislative,and regulatory laws?

A) Citations
B) Injunctions
C) Case law
D) Dicta
E) Statutes

Question 68

_____ stands for the idea that courts should interpret the Constitution only according to the intentions of those who wrote it.

A) Constitutional relativity
B) Originalism
C) Legal realism
D) Dicta
E) Constitutional holding

Question 69

According to _____,judges in current cases follow whenever possible the interpretation of law determined by judges in prior cases.

A) stare decisis
B) writ of certiorari
C) ratio decidendi
D) constitutional relativism
E) legal realism

Question 70

The right of an individual to take another person's resources because that person has failed to meet the requirements of the law is known as a _____.

A) precedent
B) citation
C) remedy
D) dicta
E) holding

Question 71

Collections of legislation,often on the same subject,passed by the Congress are called __________.

A) precedents
B) opinions
C) ordinances
D) codes
E) citations

Question 72

Which of the following sources of law ranks the highest in the hierarchy of sources of law?

A) Local ordinances
B) State constitutions
C) Statutes of Congress
D) State administrative regulations
E) U.S. Constitution and Amendments

Question 73

Which of the following refers to judicial decisions that apply to legal problems and interpret the relevant constitutional,legislative,and regulatory laws?

A) Case law
B) Procedural law
C) Substantive law
D) Commercial law
E) Tort law

Question 74

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

Question 75

The source of law that ranks the lowest among all the others is a _____.

A) local ordinance
B) statute
C) case law
D) state administrative regulation
E) federal administration regulation

Question 76

The Latin meaning of the word stare decisis is __________.

A) speak the truth
B) let the prior decision stand
C) the thing has been decided
D) let the plaintiff beware
E) the rationale for the decision

Question 77

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.

Question 78

Which of the following are essential to locate prior precedents?

A) Codes
B) Remediations
C) Citations
D) Dicta
E) Torts

Question 79

When judges who decide appeals from trial courts make decisions on legal issues,they write their decisions,or _____,setting out reasons.

A) citations
B) opinions
C) codes
D) statutes
E) ordinances

Question 80

_____ are in effect a form of punishment for violating the law and have a preventive function.

A) Ordinances
B) Statutes
C) Sanctions
D) Torts
E) Opinions