Essentials of Business Law and the Legal Environment, Mann - Exam Preparation Test Bank (Downloadable Doc)

Chapter 1—Introduction to Law




TRUE/FALSE



1. Roscoe Pound, a distinguished American jurist, defined law as predictions of the way in which a
court will decide specific legal questions.


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2. The common law system is used in most of Europe, Scotland, and Latin America.


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3. The primary function of the law is to maintain stability in the social, political, and economic
system while simultaneously permitting change.


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4. Substantive law creates legal rights and duties.


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5. The Constitution provides that federal statutes are paramount to state constitutions and statutes.


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6. The burden of proof in a criminal case is preponderance of the evidence.


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, 7. The law does not change; it is based on unchanging and universal truths.


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8. The main categories of the law are (a) substantive and procedural, (b) public and private, and (c)
civil and criminal.


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9. Law is an instrument of social control.


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10. Under the civil law system, adversaries initiate and conduct litigation.


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11. A judge deciding a common law case must look to similar cases previously decided for guidance.


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12. The United States Constitution establishes the principle of judicial review, which divides the
government into three distinct and independent branches: the judicial, executive, and legislative
(Congress).


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13. 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.

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14. A constitution restricts the powers of the government and specifies the rights and liberties of the
people.


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15. The Uniform Commercial Code is a federal law that applies to commercial transactions among
the states.


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16. Laws passed by Congress are the supreme law of the land in the United States and take
precedence over the United States Constitution.


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17. 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.


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18. The common law system of law uses the inquisitorial system of determining disputes.


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19. Rodriguez and Compton asked a court for reformation of their contract based on a mutual
mistake. They seek an equitable remedy.


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, 20. The principle of stare decisis gives stability to our system of jurisprudence.


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


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22. Civil law systems, as found in the State of Louisiana and countries such as Scotland, depend on
comprehensive legislative enactments.


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23. The business law topics of contracts, agency, property, and trusts are governed primarily by the
common law.


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24. One important source of law in the United States is the Restatement of law.


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25. The State of Minnesota has been negotiating with the Canadian government on issues involving
acid rain and eventually reaches an agreement with Canadian officials. This is a valid treaty under
the United States Constitution.


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26. In the United States, treaties are not subject to judicial review.