Business Law Homework Chapter 1

20 April 2023
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The most important primary source of our law is:
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The U.S. Constitution.
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State constitutions are a primary source of law.
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True
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Any law based on a constitution is called
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Constitutional law.
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The U.S. Constitution is
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Supreme
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Hector believes that a law under which he was convicted for a crime violates the Constitution. If ultimately the Supreme Court agrees with him, that law will be declared
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unconstitutional.
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A second primary source of law involves the U.S.
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Congress and state and local legislature.
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The U.S. Congress passes federal statutes. They do not apply to all states.
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False
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The uniform law adopted by all states that facilitates commerce.
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Uniform Commercial Code
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Administrative agencies are created to:
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Perform specific government functions.
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The Federal Trade Commission is an example of a
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Independent regulatory agency.
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Case law is based on the decisions made by those who run administrative agencies.
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False
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Case law is derived from judges' decisions for actual cases.
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True
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Part of the common law tradition relies on the doctrine of
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stare decisis.
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The Latin phrase for the correct answer in the previous question means:
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to stand on decided cases.
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One of the important functions of law is to provide
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stability and predictability.
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A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.
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True
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A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include which of the following:
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Opinions from trusted papers.
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Select the order for the following words to form the basic steps in legal reasoning:
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Issue, Rule, Application and Conclusion.
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Generally speaking, the Restatements of Law:
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summarize the common law rules followed by most states.
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Li Ang is researching new state inheritance laws. She will NOT bother to investigate which of the following:
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Restatements of Law.
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One way to divide law is into:
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constitutional and Substantive law.
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Civil law, as opposed to criminal law, can best be described as:
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the law that governs relations between persons.
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Which of the following laws CANNOT be at issue in criminal law?
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A law against not performing an employment agreement.
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When Congress passes a law, you can find it in which publication?
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United States Statute at Large.
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In the field of legal research, a "citation" is:
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a reference to a publication in which a legal authority can be found.
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The parties to lawsuits are the plaintiff and the defendant. Plaintiffs must always be individual persons.
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False
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The party who appeals a lower court's decision.
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Appellant
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Whenever a court's opinion is not unanimous, but most of the judges agree with it, is it called a:
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Majority opinion.
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In a particular case, Judge Angle does not agree at all with the other judges' opinions. Which of the following type of opinion will he write?
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Dissenting opinion
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Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of:
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Administrative law.
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The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as:
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statutory law.
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Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of:
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stare decisis.
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All of the cases that have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as:
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the common law.
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Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of:
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damages.
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A case comes before a Wisconsin state trial court on the subject of free speech on the Internet. It is a case of first impression, meaning that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to consider:
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equitable maxims.
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Tyler believes that some laws passed by his state's legislature are bad, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people and that it is above all other laws. Tyler subscribes to what school of jurisprudential thought?
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The natural law school.
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Elaine is involved in a car accident where the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law?
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Substantive law.
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Most appellate court judges write opinions in which they give the reasons for their decisions. These opinions are collected and published in volumes of books known as:
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Reporters.
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Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the:
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Appellant