BUL4310 Tbank - These are test bank, which was enough for the entire semester. All quizzes, PDF

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These are test bank, which was enough for the entire semester. All quizzes, mid and final was based on these test banks....

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CHAPTER 1 TRUE/FALSE QUESTIONS 1.

Laws and government regulations affect almost all business activities. ANSWER:

2.

The U.S. Constitution is the basis of all law in the United States. ANSWER:

3.

T

The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended. ANSWER:

13.

F

Although cases may be similar, no two cases are ever identical in all respects. ANSWER:

12.

F

In most legal controversies, there is one single correct result. ANSWER:

11.

F

Courts are not obligated to follow precedents. ANSWER:

10.

F

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights. ANSWER:

9.

F

Decisions by higher courts are not binding on lower courts. ANSWER:

8.

T

Common law is a term for the laws that are familiar to most of us. ANSWER:

7.

T

Federal agency regulations take precedence over conflicting state agency regulations. ANSWER:

6.

F

The Uniform Commercial Code has been adopted in all fifty states. ANSWER:

5.

T

The U.S. Constitution reserves to the federal government all powers not granted to the states. ANSWER:

4.

T

T

Each judge had his or her personal beliefs and philosophy, which shape the legal reasoning

process. ANSWER: 14.

Clearly, a judge’s function is to make the laws. ANSWER:

15.

T

The party against whom a lawsuit is brought is the plaintiff or petitioner. ANSWER:

20.

T

The decisions made by the courts establish the boundaries of the law as it applies to almost all business relationships. ANSWER:

19.

T

A citation identifies the publication in which a legal authority can be found. ANSWER:

18.

F

Procedural law consists of all laws that outline the methods of enforcing rights. ANSWER:

17.

F

A jury’s good sense and careful consideration of consequences is known as jurisprudence. ANSWER:

16.

T

F

When all the judges (or justices) agree on a decision, a majority opinion is written for the entire court. ANSWER:

F

MULTIPLE-CHOICE QUESTIONS 1.

Data Analytics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as a. b. c. d.

hiring and firing decisions. the manufacturing and marketing of products. business financing. all of the choices.

ANSWER: 2.

D

The U.S. Congress enacts a new federal statute that imposes liability on businesses hiring employees without verifying their citizenship status. This statute applies a. b. c. d.

only to businesses not covered by state law. only to those states that consent to apply it. to all of the states. to none of the states.

ANSWER: 3.

A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged a. b. c. d.

neither provision will be enforced. the provisions will be balanced to reach a compromise. the state provision, not the U.S. Constitution, will be enforced. the U.S. Constitution, not the state provision, will be enforced.

ANSWER: 4.

no one. the federal government only. the state of Pennsylvania only. the United States Supreme Court only.

ANSWER:

administrative law. case law. stare decisis. statutory law.

ANSWER:

regulations created by administrative agencies. constitutional provisions. statutes enacted by legislatures. sound bites in the media.

ANSWER:

D

Much of American law is based on a. b. c. d.

the English legal system. the French legal system. Greek civil law. ancient Chinese law.

ANSWER: 8.

A

Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of a. b. c. d.

7.

A

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute a. b. c. d.

6.

D

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by a. b. c. d.

5.

C

A

Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves

a. b. c. d.

specific performance. an injunction. rescission. an action that the court cannot order.

ANSWER: 9.

Bob’s Big Burgers n’ Shakes Restaurant brings a suit, seeking a remedy at law. A remedy at law is a. b. c. d.

monetary damages. a decree of specific performance. a judicial proceeding for the resolution of a dispute. an injunction.

ANSWER: 10.

specific performance. damages. rescission. beyond the court’s authority.

ANSWER:

the plaintiff. the defendant. the binding authority. the persuasive authority.

ANSWER:

A

Sara believes that she has a strong case against Tom for the breach of an employment contract. Despite this belief, Sara cannot file a suit against Tom after the expiration of the time allowed for the filing under a. b. c. d.

a statute of limitations. the doctrine of laches. an equitable maxim. the remedy at law.

ANSWER: 13.

A

Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane’s payment. Jane is a. b. c. d.

12.

A

Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is a. b. c. d.

11.

C

A

In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent a. b.

is incorrect or inapplicable. is not in line with the judge’s personal values.

c. d.

would lead to unintended consequences. would not bring about the result the judge prefers.

ANSWER: 14.

Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find cases on point—previously decided cases that, in relation to the case under consideration, are a. b. c. d.

as different as possible. as similar as possible. at odds. exactly identical.

ANSWER: 15.

how that statute will be applied. how the law needs to be changed. how the common law should be codified. nothing.

ANSWER:

legal positivist. person who adheres to the historical school of legal thought. legal realist. person who adheres to the natural law tradition.

ANSWER:

cyberlaw. civil law. equitable maxims. IRAC.

ANSWER:

A

Beth is a victim of Carl’s violation of a criminal law. Criminal law is concerned with a. b. c. d.

the prosecution of private individuals by other private individuals. the prosecution of public officials by private individuals. the relief available when a person’s rights are violated. wrongs committed against the public as a whole.

ANSWER: 19.

A

Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term a. b. c. d.

18.

A

To Sam, the written law of a particular society at a particular time is most significant. Sam is a a. b. c. d.

17.

B

Juan is a judge. How Juan and the judges in other courts interpret a particular statute determines a. b. c. d.

16.

A

D

The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825 N.W.2d 429. “285” is

a. b. c. d.

the number of the volume in the official reports of the court’s decisions. the number of the volume in Thomson Reuter’s unofficial publication of the court’s decisions. a page number in the appropriate volume. the number of the case in the sequence decided by the state’s highest court.

ANSWER: 20.

A

Operational Processes, Inc., appeals a decision against it, in favor of Precision Manufacturing Corporation, from a lower court to a higher court. Operational Processes is a. b. c. d.

the appellant. the appellee. the defendant. the respondent.

ANSWER:

A

ESSAY QUESTIONS 1.

In a lawsuit between Cloud Computing Corporation and Digital Enterprises, Inc., the court applies the doctrine of stare decisis. What is this doctrine? What does this doctrine have to do with the American legal system? ANSWER: In a common law legal system, past judicial decisions are binding in current disputes with similar facts. This feature of the common law, which is the basis of the American legal system, is unique because, unlike the law in other legal systems, it is judge-made law. Within the common law system, when possible, judges attempt to be consistent and to base their decisions on the principles suggested by earlier cases. The body of principles and doctrines that form the common law emerged over time as judges applied the principles announced in earlier cases to subsequent legal controversies. The practice of deciding cases with reference to former decisions, or precedents—the cornerstone of the American legal system—is called the doctrine of stare decisis. Under this doctrine, judges are obligated to follow the precedents established within their jurisdictions. This helps courts to be more efficient and makes the law more stable and predictable.

2.

For a business law class, Sierra reads and briefs several court opinions using the IRAC method of legal reasoning. What do the letters I, R, A, and C abbreviate? What are the steps in the IRAC method? ANSWER: The letters I, R, A, and C are the first letters of “Issue,” “Rule,” “Application,” and “Conclusion.” The IRAC method of legal reasoning requires Sierra or any other student or reader to first summarize the important facts of a legal case and state the salient issue or issues. The second step is to determine and set out the rule of law that applies to the facts to resolve the issue. The third step is to apply that rule to those facts. The application of the rule requires an answer to the question posed by the issue. This answer may involve one or more different types of legal reasoning, but those reasons should be thought out and expressed clearly. Finally, the conclusion derived from the application of the rule to the facts is stated. This is sometimes referred to as the result or the outcome in a case—who won; who lost; what the award, if any, consists of; or what the parties are, or are not, required to do next.

CHAPTER 2 TRUE/FALSE QUESTIONS 1.

Laws would be meaningless without the courts to interpret and apply them. ANSWER:

2.

The federal courts are superior to the state courts. ANSWER:

3.

F

Procedural law does not have a significant impact on a person’s ability to pursue a legal claim. ANSWER:

11.

T

U.S. district courts have concurrent jurisdiction with state courts in matters involving federal questions. ANSWER:

10.

F

To have standing to sue, a party must have complaining sufficient stake in a matter to justify seeking relief through the court system. ANSWER:

9.

T

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which its principal place of business is located. ANSWER:

8.

F

The minimum-contacts requirement is usually met if a corporation advertises or sells its products within a state. ANSWER:

7.

F

Because corporations are not considered legal persons, courts use different principles to determine whether it is fair to exercise jurisdiction over a corporation. ANSWER:

6.

T

A court can exercise jurisdiction over property that is located within its boundaries. ANSWER:

5.

F

Under the authority of a long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants. ANSWER:

4.

T

F

The litigation process has three phases: filing, answering, and appealing. ANSWER:

F

12.

Only a defendant can file a motion to dismiss. ANSWER:

13.

The use of additional evidence distinguishes the motion for summary judgment from the motion for judgment on the pleadings. ANSWER:

14.

F

A court of appeals does not hear any evidence. ANSWER:

20.

F

Either party may appeal a jury’s verdict but only the defendant may appeal a judge’s ruling. ANSWER:

19.

F

After both sides have rested their cases, only the plaintiff’s attorney makes a closing argument. ANSWER:

18.

T

An expert witness is a person who is directly involved in the events concerning a lawsuit. ANSWER:

17.

F

Any written material, including information stored electronically, can be the object of a discovery request. ANSWER:

16.

T

Interrogatories are written questions for which written answers are prepared by a judge. ANSWER:

15.

F

T

It is guaranteed that any judgment will be enforceable. ANSWER:

F

MULTIPLE-CHOICE QUESTIONS 1.

As a judge in a federal court, Christine can decide, among other things, whether the laws or actions of the executive and legislative branches are constitutional. The process for making this determination is known as a. b. c. d.

2.

judicial review. jurisdiction. venue. early neutral case evaluation.

A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of-state company, if the firm has a. b.

minimum contacts with the state. maximum contacts with the state.

c. d.

medium contacts with the state. no contacts with the state.

ANSWER: 3.

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Hayden wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that a. b. c. d.

federal and state courts have concurrent jurisdiction. federal courts have exclusive jurisdiction. no court has jurisdiction. state courts have exclusive jurisdiction.

ANSWER: 4.

the parties to the dispute must agree. the court must have jurisdiction. the court must issue a deposition. the parties must own property.

ANSWER:

a commercial cyber presence in Ohio. conducted substantial business with Ohio residents. claimed to be a resident of Ohio. solicited virtual business in Ohio.

ANSWER:

B

Arnold loses his suit against Buffy in a Colorado state trial court. Arnold appeals to a state intermediate court of appeals and loses again. Arnold would appeal next to a. b. c. d.

7.

B

Marcus files a suit against Naomi in an Ohio state court. Naomi’s only connection to Ohio is an ad on the Web originating in Pennsylvania. For Ohio to exercise jurisdiction, the issue is whether Naomi, through her ad, has a. b. c. d.

6.

A

Lewis wants to file a suit against Mikayla. Before any court can hear the case a. b. c. d.

5.

A

a U.S. district court. the Colorado Supreme Court. the United States Supreme Court. the U.S. Court of Appeals for the Ninth Circuit.

ANSWER: B The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery files an appeal with the United States Supreme Court. The Court does not hear the case. This a. b. c. d.

is a decision on the merits that has value as a precedent. indicates agreement with the Montana court’s decision. means nothing. means that the Montana court’s decision is the law in Montana.

ANSWER:

D

8.

The Iowa Supreme Court rules against Jennifer in a case against Kut-Rate Stores, Inc. Jennifer wants to appeal her case to the United States Supreme Court. She must ask the Court to issue a writ of a. b. c. d.

appeal. certiorari. jurisdiction. summons.

ANSWER: 9.

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include a. b. c. d.

an explanation of the proof to be offered at trial. a statement refuting any defense that the defendant might assert. a motion for judgment on the pleadings. a statement alleging the facts showing the court has jurisdiction.

ANSWER: 10.

the answer. the complaint. the writ of certiorari. the summons.

ANSWER:

Neville must appeal the case to a different court. Olina’s failure to respond will be considered to be a denial. Neville will not be awarded the remedy sought. Olina will have a default judgment entered against her.

ANSWER:

D

Lyn files a suit against Karl. Karl denies Lyn’s charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl’s claim is a. b. c. d.

counterclaim. motion for judgment on the pleadings. motion for summary judgment. motion to dismiss.

ANSWER: 13.

D

Neville files a suit against Olina. If Olina fails to respond, a. b. c. d.

12.

D

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is a. b. c. d.

11.

B

A

Renewable Resources, Inc., files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich’s possession. A legitimate reason for t...