Exam (elaborations)
Business Law 15th Edition by Jane P. Mallor -Test Bank
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Business Law 15th Edition by Jane P. Mallor -Test Bank
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, Chapter 01The Nature of Law
True / False Questions
1. The U.S. Constitution recognizes the states' power to make law in
certain areas.
True False
2. Uniform acts are model statutes drafted by private bodies of
lawyers and/or scholars; they become law only after legislature
enacts them.
True False
3. Common law is a state law and only state courts can apply it.
True False
4. The Restatements are considered binding laws and are promulgated
by the American Law Institute.
True False
5. According to the U.S. Constitution treaties made by the president
with foreign governments and approved by two-thirds of the U.S.
Senate validate inconsistent state and federal laws.
True False
6. The same behavior will sometimes violate both civil law and the
criminal law, and in such a case, both liabilities can be claimed at
the same time.
True False
,7. A State Homicide statute is an example of a substantive law,
criminal law and public law.
True False
8. Though formal natural law defense is not recognized in court, judges
do take natural law oriented views while interpreting statutes.
True False
9. American legal realists distinguish between the "law in the books"
and the "law in action" and they recognize law as the behavior of
public officials (mainly judges) as they deal with matters before the
legal system.
True False
10 The "Critical Legal Studies" movement regards the law as the
. product of political calculation and class bias of lawmakers.
True False
11 The doctrine of stare decisis states that like cases should be
. decided alike.
True False
12 In case of a dispute between the common law and a precedent that
. has been properly distinguished, the common law prevails.
True False
13 It is unimportant for the court, whether the interpretation of a
. statute is consistent with the legislative purpose; it is the actual
language (plain or ambiguous) of the statute that needs to be
studied.
True False
, 14 The doctrine of standing to sue requires that, in order to be able to
. mount a civil suit, a plaintiff must have some direct and
considerable stake in the outcome of the suit.
True False
15 State and federal declaratory judgment statutes do not allow parties
. to determine their rights and duties when their controversy has not
advanced to the point where harm has occurred and legal relief may
be necessary.
True False
Multiple Choice Questions
16 What is a statute?
.
A. Laws made and applied by
judges
B. Laws made by Congress or a state
legislature
C. Laws made by administrative
agencies
D. Laws made by the federal
judiciary
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