Question 1

When Oceania,Inc. ,based in New York,does business internationally,the firm may be subject to international law.The sources of this law include

Accepted Answer

Oceania, Inc. may be subject to international law which encompasses the laws of individual nations as well as treaties and international organizations. Therefore, the best choice is C.

Question 2

In a suit against Kathy,Lon obtains specific performance.This is

Accepted Answer

Specific performance is an equitable remedy, which means that it is granted by a court of equity rather than a court of law. It is used when there is no adequate remedy at law and the only way to provide relief is through the specific performance of a contract or agreement. Therefore, Option A is incorrect as it states that it is both an equitable remedy and a remedy at law. Option C is also incorrect as it states that it is only a remedy at law, which is not true. Finally, option D is incorrect as specific performance is a remedy available in certain cases.

Question 3

Tom files a suit against the state of Utah,claiming that a Utah state law violates the commerce clause.The court will agree if the statute

Accepted Answer

The commerce clause grants Congress the power to regulate interstate commerce and prohibits states from enacting laws that unduly burden or discriminate against interstate commerce. Thus, if a state law imposes a substantial burden on interstate commerce, it will be considered unconstitutional under the commerce clause.

Question 4

California enacts a statute to ban advertising in "bad taste." This stat?ute would likely be held by a court to be

Accepted Answer

The First Amendment protects freedom of speech, including commercial speech. The government may only restrict commercial speech in certain circumstances, such as when the speech is misleading or related to illegal activity. A ban on advertising in "bad taste" is subjective and could be applied to a wide range of speech, so it is likely to be held unconstitutional as an overly broad restriction on speech.

Question 5

Dian,a U.S.citizen,is the owner of Elemental Foods,Inc.The Bill of Rights embod?ies a series of protections for Dian against various types of interference by

Accepted Answer

The Bill of Rights only applies to protections against interference by the government, not other business entities or private individuals.

Question 6

The Uniform Commercial Code has been adopted,at least in part,in

Accepted Answer

The Uniform Commercial Code (UCC) has been adopted, at least in part, by all 50 states in the United States.

Question 7

Kurt is a judge hearing the case of Local Co.v.Macro Corp.Applying the relevant rule of law to the facts of the case requires Kurt to find previ?ously decided cases that,in relation to the case under con?sidera?tion,are

Accepted Answer

When applying a relevant rule of law, it is best to look for previously decided cases that are as similar as possible to the case under consideration. This is because similar cases are likely to involve similar legal principles and reasoning, making it easier to apply the rule of law to the facts of the case.

Question 8

Household Furnishings,Inc. ,distributes its merchandise on an inter?state basis.Under the commerce clause,Congress has the power to regulate

Accepted Answer

Under the commerce clause, Congress has the power to regulate any commercial activity in the United States that substantially affects interstate commerce. Since the company distributes its merchandise on an interstate basis, it falls under the jurisdiction of Congress.

Question 9

Miles,the president of Nano Games Corporation,claims that certain ac?tions by the federal government and the state of Oklahoma infringe on rights guar?anteed by the Bill of Rights.Most of these rights limit actions by

Accepted Answer

The Bill of Rights applies to the federal government and all state governments. Therefore, if Miles is claiming that his company's rights are being infringed upon, it could be by either the federal government or the state of Oklahoma, or both. Option A is incorrect because it implies that neither government is bound by the Bill of Rights, which is not true. Option C is incorrect because only Oklahoma is mentioned as the state infringing on rights, but the question states that Miles is claiming that actions by both the federal government and state of Oklahoma are infringing on rights. Option D is incorrect for the same reason as option C.

Question 10

The federal government and the state governments constitute the U.S.le?gal system.This system is based on the legal system of

Accepted Answer

The U.S. legal system is based on the English common law system, specifically the system that existed at the time of the American Revolution. The U.S. inherited many of its legal traditions from England, including the concept of common law, the adversarial system, and the structure of its court system.

Question 11

Emergent Power Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is given

Accepted Answer

Corporate political speech is protected under the First Amendment, and while it may not have the same level of protection as individual political speech, it still has significant protection. In Citizens United v. Federal Election Commission, the U.S. Supreme Court upheld the right of corporations to engage in political speech and spending under the First Amendment.

Question 12

Dixie is a victim of Enoch's violation of a criminal law.Criminal law is con?cerned with

Accepted Answer

Criminal law is concerned with wrongs committed against the public as a whole, including actions such as murder, theft, and fraud. It is not concerned with private disputes between individuals, which would instead be addressed through civil law.

Question 13

Franco,the president of GigaSales Company,claims that certain actions by the federal government and by the state of Idaho infringe on rights guar?anteed by the Bill of Rights.All of these rights limit actions by

Accepted Answer

The answer of Franco,the president of GigaSales Company,claims that certain...

Question 14

Congress enacts the Tight Money Act (TMA)of 2009 to prohibit "major busi?ness entities" from making political contri?bu?tions that individuals can make.A court would likely hold the TMA to be

Accepted Answer

The TMA's prohibition on political contributions by "major business entities" would likely be considered a restriction on speech, which is protected by the First Amendment. While the government has some ability to regulate campaign finance, any such regulation must be narrowly tailored and demonstrate a compelling government interest. The TMA does not appear to meet this standard and would therefore be unconstitutional.

Question 15

Areas of the law not governed by statutory or administrative law are

Accepted Answer

Areas of the law not governed by statutory or administrative law are determined by the common law. The common law is a body of law developed over time by courts in the absence of statutory or administrative guidance. This body of law is based on judicial decisions and principles established by legal precedents.

Question 16

The Federal Trade Commission (FTC)is a government agency that issues rules,orders,and decisions.The Georgia state legislature enacts statutes.The Jackson County Board and the Peach City Council enacts or?di?nances.Administrative law includes

Accepted Answer

Administrative law refers to the decisions, orders, and rules made by government agencies such as the FTC. It does not include statutes enacted by the state legislature or ordinances enacted by local governments. While administrative law does affect a business's operation, it is not all-encompassing like choice A suggests.

Question 17

The police obtain a search warrant and search Dave's apartment.After yelling obscenities at the officers,Dave confesses to a crime and impli?cates his friends.The Constitution protects against

Accepted Answer

The Constitution, specifically the Fourth Amendment, protects against unreasonable searches and seizures. Obscene speech and implication of others are not protected in this context.

Question 18

As a judge,Sylvia applies common law rules.These rules develop from

Accepted Answer

Common law rules develop through court decisions, where judges interpret and apply the law based on previous cases and legal principles, rather than relying on specific statutes or regulations. Proposed uniform laws may be considered by courts, but they do not necessarily have the same weight as established common law.

Question 19

Indiana enacts a statute that bans the distribution of anonymous politi?cal leaflets.A court would likely hold this to be

Accepted Answer

The statute banning the distribution of anonymous political leaflets would likely be considered an unconstitutional restriction of speech, as anonymous speech is protected under the First Amendment. The Supreme Court has consistently ruled that anonymous political speech is a critical aspect of a democratic society and has struck down laws that attempt to restrict it.

Question 20

The "common law" is referred to as the common law because

Accepted Answer

The common law of England was developed in the courts and was more or less uniform throughout the country. It applied to all subjects of the realm, not just commoners. It dealt with both minor and major offenses, and was not limited to social customs and manners.

Quiz 1: The Legal and Constitutional Environment of Business