BUL5810 EXAM QUESTIONS WITH REVISED ANSWERS
Dylan believes that his neighbor, Nancy, is improperly erecting a fence on Dylan's property. Despite efforts to get Nancy to stop the construction of the fence, she refuses. Dylan then sues Nancy and seeks only an injunction from a court to stop the f...
Dylan believes that his neighbor, Nancy, is improperly erecting a fence on Dylan's
property. Despite efforts to get Nancy to stop the construction of the fence, she refuses.
Dylan then sues Nancy and seeks only an injunction from a court to stop the fence's
construction. What type of judicial relief is Dylan seeking from the court?
a. equity.
b. criminal.
c. restatement of the law.
d. damages. - Answer-a. equity.
Wendy sued Greg for a breach of contract, but the trial court found in favor of Greg. If
Wendy chooses to appeal her case, her party status on appeal is known as:
a. appellant.
b. defendant.
c. appellee.
d. loser. - Answer-a. appellant.
If the case of Johnson v. Texas was decided by the United States Supreme Court,
where would the opinion of the court be published?
a. U.S. Supreme Court Reports
b. Pacific Reporter.
c. South Western Reporter
d. Atlantic Reporter - Answer-a. U.S. Supreme Court Reports
LEGAL REASONING - Answer-
When applying substantive law the court considers what sort of legal rights?
a. The Restatements of the law created by the ALI.
b. The agreements between or among independent nations.
c. The rules of procedure that spells out the method to obtain a remedy in court.
d. The rules that regulate legal rights, such as contract law under a binding contract. -
Answer-d. The rules that regulate legal rights, such as contract law under a binding
contract.
If the Supreme Court of the U.S. is examining state legislation under provisions of
theU.S. Constitution, the Constitution would be paramount under what principle?
,a. The principle of stare decisis would specify that state legislation is independent of the
U.S. Constitution in areas of conflict
b. The status of the U.S. Constitution of the supreme law of the land.
c. The state legislation would be supreme to the U.S. Constitution under the principle of
federalism.
d. The Court would apply the preponderance of the evidence to the matter to determine
supremacy. - Answer-b. The status of the U.S. Constitution of the supreme law of the
land.
After reviewing the chapter, how would you compare the business law topics governed
by the common law versus those that are governed largely by statute?
a. All matters of commercial law are governed by treaties in the United States.
b. All matters of commercial law are governed by the Uniform Commercial Code.
c. While some business law topics are governed by statutory law, most areas of
commercial law have remained governed by common law.
d. While some business law topics still are governed by common law, most areas of
commercial law have become largely statutory. - Answer-d. While some business law
topics still are governed by common law, most areas of commercial law have become
largely statutory.
In Caldwell v. Bechtel, Inc., Caldwell sued Bechtel for damages related to work that
Caldwell performed for Bechtel as part of the metropolitan subway system in
Washington D.C. To avoid liability, Bechtel argued that:
a. it owed a duty to Caldwell, but did not owe damages to Caldwell.
b. owed a duty only to ensure that Caldwell was contractually paid.
c. did not owe a duty to reasonable care to protect Caldwell's safety.
d. Caldwell failed to meet his burden of proof beyond a reasonable doubt. - Answer-c.
did not owe a duty to reasonable care to protect Caldwell's safety.
Curtis Williams was employed by Highway Construction Engineering Corporation
(HCEC). HCEC was contracted to excavate a traffic tunnel for the State of New Jersey,
and Curtis was assigned to work on this excavation project. While working on the
excavation of the tunnel, Curtis breathed in very harmful debris resulting from the
demolition of the tunnel for the excavation. By breathing in the debris, Curtis suffered a
debilitating lung disorder. Williams sued HCEC for damages resulting for breathing in
the debris. If HCEC asserts that it has no duty to protect Curtis's safety, will it be
successful?
a. Yes, because HCEC was not responsible for the debris.
b. Yes, because HCEC owes no duty to Curtis
c. No, because HCEC owes a duty of care to Curtis to take reasonable steps to protect
Curtis from the foreseeable risk of harm to his health posed by the excavation of the
tunnel.
,d. No, because HCEC has a contractual duty w - Answer-c. No, because HCEC owes a
duty of care to Curtis to take reasonable steps to protect Curtis from the foreseeable
risk of harm to his health posed by the excavation of the tunnel.
If an African culture and an Eastern Asian culture differ as to the morality of a particular
action, under ethical relativism:
a. both cultures are incorrect.
b. the action should be assessed to determine whether the action produces more net
pleasure compared with net pain.
c. a cost-benefit analysis should be conducted to determine the relative economic
efficiency of the action.
d. both actions would be viewed as ethical. - Answer-d. both actions would be viewed
as ethical.
A law is:
a. a rule of civil conduct prescribed by the supreme power in a state.
b. any act prohibited by the government or an omission of an act required by public law
and made punishable by the government in a judicial proceeding brought by it.
c. litigation where the injured party sues to recover compensation for the damages and
injury sustained as a result of the defendant's wrongful conduct.
d. rules and regulations of federal and state administrative agencies. - Answer-a. a rule
of civil conduct prescribed by the supreme power in a state.
Which of the following is a function of the law in the United States?
a. Maintain stability while simultaneously permitting change.
b. Preserving the right of landholders to control the government.
c. To establish a governmentally headed religion.
d. To create a monarchy. - Answer-a. Maintain stability while simultaneously permitting
change.
Which of the following is a remedy that can only be obtained from a court acting in its
powers of equity?
a. Evidence.
b. Money damages.
c. An injunction.
d. Stare decisis. - Answer-c. An injunction.
Which one of the following is true of a suit brought under civil law?
a. It must be brought by the government.
b. The purpose is to compensate the injured party.
c. Proof must be "beyond a reasonable doubt."
, d. Conviction may result in imprisonment. - Answer-b. The purpose is to compensate
the injured party.
Sources of state law include all but which of the following?
a. Rules of state administrative agencies.
b. Decisions of state courts.
c. Executive orders of the Governor.
d. Hearings before Congress. - Answer-d. Hearings before Congress.
Like the President of the United States, the governor of most states has the authority to
issue laws, which are called:
a. Restatements of law.
b. statutes.
c. executive orders.
d. codes - Answer-c. executive orders.
An example of criminal law is:
a. a car crash lawsuit resulting in monetary damages.
b. a divorce.
c. a murder conviction.
d. the probate of a will. - Answer-c. a murder conviction.
The remedies available to a judge of an equity court include all of the following except:
a. reformation.
b. specific performance.
c. stare decisis.
d. injunction. - Answer-c. stare decisis.
The type of law that is an agreement between or among independent nations is:
a. Restatements of law.
b. treaties.
c. the Uniform Commercial Code.
d. a maxim. - Answer-b. treaties.
In general terms, the person who is sued in a civil lawsuit is the:
a. plaintiff.
b. defendant.
c. bailiff.
d. reporter. - Answer-b. defendant.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Perfectscorer. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.99. You're not tied to anything after your purchase.
