Exam (elaborations)

Test Bank for Business Law and the Regulation of Business, 13th Edition by Richard A. Mann

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Course
Business law

Institution
Business Law

Test Bank for Business Law and the Regulation of Business 13e 13th Edition by Richard A. Mann, Barry S. Roberts. ISBN-13: 2625 Full Chapters test bank included Part I: INTRODUCTION TO LAW AND ETHICS. 1. Introduction to Law. 2. Business Ethics. Part II: THE LEGAL ENVIRONMENT OF BUSINESS. 3...

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Uploaded on July 25, 2023
Number of pages 740
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richard
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Course Business law

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Name: Class: Date:

chapter 1

Indicate whether the statement is true or false.

1. The law does not change; it is based on unchanging and universal truths.
a. True
b. False

2. William Blackstone, an English jurist, defined law as “a rule of civil conduct prescribed by the supreme power in a
state, commanding what is right, and prohibiting what is wrong.”
a. True
b. False

3. A judge deciding a common law case must look for guidance to similar cases previously decided by that court or
superior courts.
a. True
b. False

4. In the United States, treaties are not subject to judicial review.
a. True
b. False

5. The primary function of the law is to allow flexibility and adaptability in the social, political, and economic system of a
society.
a. True
b. False

6. Assume the state of Texas has been negotiating with the Mexican government on issues involving acid rain and
eventually reaches an agreement with Mexican officials to regulate industrial pollution that contributes to acid rain in
return for Texas regulating cattle waste that contributes to water table pollution. This is a valid treaty under the United
States Constitution.
a. True
b. False

7. Since the end of the nineteenth century, case law developed from court opinions has been the primary source of new
law and ordered social change in the United States.
a. True
b. False

8. The common law system is used in most of Europe, Asia, and South America.
a. True
b. False

9. The burden of proof required in a criminal case is preponderance of the evidence.
a. True
b. False

10. The principle of judicial review divides the government into three distinct and independent branches: judicial,
executive, and legislative.
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,Name: Class: Date:

chapter 1

a. True
b. False

11. The Uniform Commercial Code is a federal law that applies to commercial transactions among the states.
a. True
b. False

12. Law is an instrument intended to achieve and maintain social control.
a. True
b. False

13. All laws are derived from morals, but some moral precepts are not enforced by legal sanctions.
a. True
b. False

14. A constitution restricts the powers of the government and specifies the rights and liberties of the people.
a. True
b. False

15. The American Law Institute has authored an orderly restatement of the general common law of the United States
called the Restatement of law.
a. True
b. False

16. The principle of stare decisis gives stability to our system of jurisprudence because it encourages consistent decisions
for similar cases.
a. True
b. False

17. The US Constitution provides that federal statutes supercede provisions of state constitutions and state statutes.
a. True
b. False

18. Civil law systems, as found in the state of Louisiana and countries such as Scotland, depend on comprehensive
legislative enactments.
a. True
b. False

19. Business law is primarily private law.
a. True
b. False

20. The common law system of law uses the inquisitorial system of settling disputes.
a. True
b. False

Page 2

,Name: Class: Date:

chapter 1
21. Laws passed by Congress are the supreme law of the land in the United States and take precedence over all other
sources of law.
a. True
b. False

22. Chase and Piper asked a court for reformation of their contract based on the fact that they made a mutual mistake.
They can seek an equitable remedy.
a. True
b. False

23. Under the civil law system, the judiciary initiates litigation, investigates pertinent facts, and conducts the presentation
of evidence.
a. True
b. False

24. The terms "law" and "justice" are interchangeable.
a. True
b. False

25. Tate brings an action against Tim for damages from trespass to Tate’s property. Tate must prove the case by a
preponderance of the evidence.
a. True
b. False

26. The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme
Court of the United States.
a. True
b. False

27. The business law topics of contracts, agency, property, and trusts are governed primarily by the common law.
a. True
b. False

28. The law that creates, defines, and regulates most of our legal rights and duties is called executive law.
a. True
b. False

29. The main classifications of the law are (a) substantive and procedural, (b) public and private, and (c) civil and
criminal.
a. True
b. False

30. Decisions of courts of appeals are published in volumes known as "reports" or "reporters."
a. True
b. False

31. Once a court has decided a case, the principle of stare decisis precludes correction of erroneous decisions.
Page 3

, Name: Class: Date:

chapter 1

a. True
b. False

Indicate the answer choice that best completes the statement or answers the question.

32. In which of the following cases is a court unlikely to provide remedies?
a. A person refuses to return a friend's borrowed book.
b. A stranger watches and refuses to help rescue a drowning child.
c. A person pushes a stranger into the lake, causing the stranger severe injury.
d. A driver maneuvers recklessly on a busy street.

33. Which of the following is NOT considered to be an equitable remedy?
a. Specific performance.
b. Injunction.
c. Reformation.
d. Money damages.

34. An example of private law is:
a. contracts between two corporations.
b. administrative agency rulings.
c. a trial of an accused theif.
d. investigation of bribery of a public official.

35. The President of the United States has the authority to issue laws, which are called:
a. Restatements of law.
b. Executive orders.
c. Constitutional amendments.
d. Codes.

36. Because of the increasing complexity of the social, economic, and industrial life of the nation, the scope of
__________ has expanded enormously.
a. common law
b. administrative law
c. procedural law
d. equitable law

37. Which of the following is a true statement?
a. A treaty signed by the President and approved by the Senate has the legal force of a federal statute.
b. A federal statute may not supersede a prior treaty.
c. A treaty signed by the President does not need approval by Congress.
d. A treaty must be approved by a majority of the Supreme Court Justices before being signed by the President..

38. A crime is:
a. a wrongdoing that requires litigation between the victim and the perpetrator.
b. any act prohibited by the government or an omission of an act required by public law and made punishable by
Page 4

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Exam (elaborations)

Test Bank for Business Law and the Regulation of Business, 13th Edition by Richard A. Mann

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