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TESTBANK FOR The Legal Environment Today 11th Edition Miller

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TESTBANK FOR The Legal Environment Today 11th Edition Miller

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, TESTBANK FOR The The Legal Environment Today 11th Edition Miller

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,Name: Class: Date:


Chapter 1 - Law and Legal Reasoning

1. In the United States, the law consists of written laws.
a. True
b. False

ANSWER: False

2. All laws establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling
group.
a. True
b. False

ANSWER: True

3. The legal rules that control the actions of a business reflect past and current thinking about how similar businesses
should and should not act.
a. True
b. False

ANSWER: True

4. Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific
area of the law.
a. True
b. False

ANSWER: False

5. A constitution is a primary source of law.
a. True
b. False

ANSWER: True

6. A statute is a secondary source of law.
a. True
b. False

ANSWER: False

7. A secondary source of law is one that clarifies a source of primary law.
a. True
b. False

ANSWER: True




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Chapter 1 - Law and Legal Reasoning

8. Legal encyclopedias, law review articles, and treatises are sources of primary law.
a. True
b. False

ANSWER: False

9. Even if it conflicts with the U.S. Constitution, a state constitution is supreme within the borders of that state.
a. True
b. False

ANSWER: False

10. The U.S. Constitution is the basis of all law in the United States.
a. True
b. False

ANSWER: True

11. Only if a state legislature passes a statute does that law become part of the relevant state code of laws.
a. True
b. False

ANSWER: True

12. A citation is a regulation enacted by a city or county legislative body.
a. True
b. False

ANSWER: False

13. A local ordinance commonly has to do with a matter concerning only a local governing unit.
a. True
b. False

ANSWER: True

14. A federal statute applies to all states.
a. True
b. False

ANSWER: True

15. The UCC is a uniform law that most states have adopted to govern commercial transactions.
a. True
b. False

ANSWER: False


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Chapter 1 - Law and Legal Reasoning

16. Federal, state, and local governments may establish an administrative agency to perform a specific function.
a. True
b. False

ANSWER: True

17. Independent regulatory agencies are not subject to the authority of the President.
a. True
b. False

ANSWER: False

18. Rules issued by administrative agencies affect almost every aspect of the operations of a business.
a. True
b. False

ANSWER: True

19. Federal agency regulations take precedence over conflicting state regulations.
a. True
b. False

ANSWER: True

20. An administrative legislative rule is not legally binding on businesses.
a. True
b. False

ANSWER: False

21. The Administrative Procedure Act (APA) imposes strict procedural requirements that agencies must follow in
legislative rulemaking and other functions.
a. True
b. False

ANSWER: True

22. If an agency fails to follow the rulemaking procedures imposed by the Administrative Procedure Act, the resulting
rule may NOT be binding.
a. True
b. False

ANSWER: True




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,Name: Class: Date:


Chapter 1 - Law and Legal Reasoning

23. Common law is a body of law developed from judges’ decisions in legal controversies.
a. True
b. False

ANSWER: True

24. Case law governs all areas of business not covered by statutory or administrative law.
a. True
b. False

ANSWER: True

25. Under the doctrine of stare decisis, judges are encouraged to follow the precedents established within their
jurisdictions.
a. True
b. False

ANSWER: False

26. Controlling precedents are binding authorities.
a. True
b. False

ANSWER: True

27. A court might look at fairness, social values and customs, and public policy in deciding a case if there is no precedent.
a. True
b. False

ANSWER: True

28. In the IRAC method of case-briefing, the A stands for analysis.
a. True
b. False

ANSWER: False

29. Because courts of law and equity have merged, there is no distinction between the two any longer.
a. True
b. False

ANSWER: True

30. Courts will NOT grant an equitable remedy unless the remedy at law is adequate.
a. True
b. False

ANSWER: False

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,Name: Class: Date:


Chapter 1 - Law and Legal Reasoning

31. Typically, in a civil case, a private party sues another private party who has failed to comply with a duty.
a. True
b. False

ANSWER: True

32. In a criminal case, the object is to obtain a remedy.
a. True
b. False

ANSWER: False

33. Civil law has to do with wrongs committed against society for which society demands redress.
a. True
b. False

ANSWER: False

34. The basis of a civil law system is a written code of laws.
a. True
b. False

ANSWER: True

35. International law derives from a variety of sources, including the laws of individual nations.
a. True
b. False

ANSWER: True

36. Power is a business engaged in the business of producing, refining, and distributing energy resources. Like many
businesses, Power must make hiring and firing decisions, make decisions regarding financing, as well as find ways to
improve its manufacturing processes. Belle is a new Human Resources manager at Power, and she contacts Renee,
the general counsel of Power, and asks if a specific government regulation regarding employment issues that would
increase the expenses of Power applies to Power as a business. Renee will likely advise Belle that the regulation will
likely
a. not apply because laws and government regulations do not apply to solely business activities.
b. apply, but only because laws and government regulations relating to employment issues apply to business
activities.
c. not apply because businesses may opt out of laws and government regulations and Power will likely exercise
that right.
d. apply because laws and government regulations affect almost all business activities.

ANSWER: d




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,Name: Class: Date:


Chapter 1 - Law and Legal Reasoning

37. An example of a primary source of law would be
a. legal encyclopedias.
b. official comments to statutes.
c. Constitutional law.
d. legal treatises.

ANSWER: c

38. Secondary sources of law include
a. state constitutions.
b. law review articles.
c. laws passed by local governing bodies.
d. regulations created by administrative agencies.

ANSWER: b

39. A constitution sets forth the government’s general organization and its
a. case law.
b. statutory law.
c. limits and powers.
d. precedential powers.

ANSWER: c

40. The basis of all law in the United States is
a. the U.S. Constitution.
b. laws passed by Congress.
c. case law.
d. regulations created by administrative agencies.

ANSWER: a

41. What part of the U.S. Constitution reserves to the states all powers not granted to the federal government?
a. First Amendment
b. Fourteenth Amendment
c. Tenth Amendment
d. Bill of Rights

ANSWER: c




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,Name: Class: Date:


Chapter 1 - Law and Legal Reasoning

42. Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as
a. statutory law.
b. stare decisis.
c. the supreme law of the land.
d. uniform law.

ANSWER: a

43. On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution
a. neither provision will be enforced.
b. both provisions will be enforced.
c. the state provision will be enforced only within the borders of that state.
d. the federal provision will be enforced.

ANSWER: d

44. The Montana legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by
a. no one.
b. the federal government only.
c. the state of Montana only.
d. the United States Supreme Court only.

ANSWER: a

45. The Uniform Commercial Code provides a set of rules governing interactions
a. among the states.
b. between the states and the federal government.
c. in countries that were once colonies of Great Britain.
d. in international markets.

ANSWER: a

46. The Uniform Commercial Code provides a set of rules governing
a. commercial transactions.
b. state legislative adoptions.
c. congressional procedures.
d. administrative processes.

ANSWER: a




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Chapter 1 - Law and Legal Reasoning

47. Administrative law includes
a. all laws that affect business operations.
b. the rules, orders, and decisions of a government agency.
c. model laws developed by the National Conference of Commissioners.
d. laws enacted by a legislative body.

ANSWER: b

48. Which of the following is an agency in the United States?
a. Uniform Commercial Code
b. Kentucky General Assembly
c. Master’s of Business Administration Program at Harvard University
d. Food and Drug Administration

ANSWER: d

49. An executive agency is subject to the authority of
a. its director only.
b. the President.
c. Congress.
d. the U.S. Attorney General.

ANSWER: b

50. A main function of an administrative agency is
a. overruling previous cases.
b. rulemaking.
c. hearing cases.
d. passing its enabling statute.

ANSWER: b

51. Legislative rulemaking under the APA typically involves all but which one of the following three steps?
a. a comment period
b. notice of proposed rulemaking
c. public hearing
d. final rule

ANSWER: c




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