Business Law And The Legal Environment 9th Edition Questions And Answers .

Business Law And The Legal Environment 9th Edition Questions And Answers . Name: Class: Date: Chap 01_8e Indicate whether the statement is true or false. 1. In order to determine if the case she was hearing broke the law, Judge Jane referred to prior rulings on the same subject. In other words, the judge is relying on precedent to make her decision. a. True b. False 2. DoorWay Computers, Inc., the trademark owner of "DoorWay," sought a court injunction to prevent Handyman Hardware, Inc. from using the domain name, "DoorW." A jury will decide whether DoorWay is entitled to this remedy. a. True b. False 3. In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and found a duty of care to avoid furnishing alcohol to underage consumers. If in 2008 a Flagstaff, Arizona, plaintiff brings a lawsuit against an Arizona university’s fraternity for providing alcohol to members under the legal drinking age, the Hernandez v. Arizona Board of Regents case will serve as precedent. a. True b. False 4. In Anglo-Saxon society, men were put into groups of ten, known as a “tithing” and were individually held responsible for any injury caused by any member of the group. This is the forerunner of the idea of business partnerships. a. True b. False 5. Congress can create a statute on any topic at all. a. True b. False 6. The case called Kuehn v. Pub Zone would reveal that Kuehn is the plaintiff, since the plaintiff is always listed first. a. True b. False 7. Wilfred was driving too fast for the icy road conditions and hit Sally's car. Sally can sue Wilfred in criminal court. a. True b. False 8. Lawyers originated in Anglo-Saxon courts, where they were used to mediate disputes. a. True b. False 9. Under the natural law theory of jurisprudence, an unjust law is no law at all. a. True b. False Name: Class: Date: Chap 01_8e 10. A rule that establishes maximum length of work shifts for air traffic controllers demonstrates an agency imposing a regulation. a. True b. False 11. In the case of Panavision Int'l. v. Toeppen, the Ninth Circuit Court of Appeals affirmed the district court's decision. This means that the Ninth Circuit Court of Appeals approved the district court's decision and upheld the outcome in the case. a. True b. False 12. The doctrine of precedent is binding on all courts from county courts to the U.S. Supreme Court. a. True b. False 13. Congress passed a law imposing penalties for displaying "indecent" material online where children could see it. If the U.S. Supreme Court subsequently rules that the statute conflicts with the First Amendment of the U.S. Constitution, the statute is void. a. True b. False 14. If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a 51% majority. a. True b. False 15. Common law is a body of cases decided by legislatures. a. True b. False Indicate the answer choice that best completes the statement or answers the question. 16. In 1992, the North Carolina Supreme Court ruled in a case entitled Goodman v. Wenco Foods, Inc., that when a substance in food causes injury to a consumer of the food, it is not a bar to recovery against the seller that the substance was natural to the food. If, in a 2008 case involving a consumer’s injury caused by a fish bone in a bowl of fish chowder, the court followed the decision in Goodman v. Wenco Foods, Inc., the court's action in the second case is an example of a. stare decisis. b. statutory law. c. public law. d. criminal law. Name: Class: Date: Chap 01_8e 17. If the title of an appellate court case appears as Jones v. Smith, a then it is correct to say that Jones is the plaintiff and Smith is the defendant. . b it means that Smith won the trial court decision. . c you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, . some courts (but not all) reverse the names of the parties. d the trial judge was Jones and the appellate judge is Smith. . 18. Common law refers to a. law that is the same or similar in all the states. b. law made when judges decide cases and then follow those decisions in later cases. c. law made by legislatures in the form of statutes. d. the legal systems of France, Germany, and Italy. 19. In the United States, the powers of government are divided between a national, state, and several local governments. What is this type of system called? a. federalism b. democracy c. confederation d. oligarchy 20. The United States Supreme Court has the power to a. appoint judges to serve on the Supreme Court. b. void laws passed by Congress. c. issue executive orders. d. ratify treaties. 21. Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying? a. Legal positivism b. Natural law c. Legal realism d. Common law 22. The three branches of government in the United States are a. the executive, legislative, and administrative. b. the administrative, executive, and statutory. c. the executive, legislative, and judicial. d. the administrative, legislative, and international. Name: Class: Date: Chap 01_8e 23. When the Food and Drug Administration prohibits a certain drug from being marketed in the United States, this is a. private law. b. an agency regulation. c. legal negativism. d. an executive order. 24. The doctrine of stare decisis a. makes the legal process more expensive. b. is an equitable remedy. c. makes the law more predictable. d. is unimportant to the common law. 25. In the House of Representatives, a state's voting power is based on its a. relative wealth. b. date of entry into the Union. c. physical size. d. population. 26. The President of the United States a. creates federal common law. b. can veto Congressional legislation. c. determines the constitutionality of statutes. d. passes statutes. 27. Treaties with foreign nations can be made by only and ratified by . a. the Secretary of State; the President b. the President; the Senate by a two-thirds vote c. the Department of Defense; the Senate by a plurality d. the President; the House of Representatives by a three-fourths vote 28. Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax, the neighbor would be applying the jurisprudence theory of a. legal positivism. b. natural law. c. legal realism. d. common law. Name: Class: Date: Chap 01_8e 29. Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process? a. Legal positivism b. Natural law c. Legal realism d. Sovereign selection 30. Contemporary law’s principle of collective responsibility, such as all partners being personally responsible for the debts of the partnership, had its roots in the a. Anglo-Saxon method of ensuring public order through tithing. b. Anglo-Saxon practice of using “oath helpers.” c. English use of “shire reeves.” d. English system of feudalism. 31. Which type of law regulates the rights and duties between parties? a. criminal law b. administrative law c. civil law d. judicial law 32. Hasbro, Inc., the trademark owner of "Candy Land," sought a court injunction to stop Internet Entertainment Group, LTD from using the domain name, "." Internet Entertainment Group had established a sexually explicit site at the domain name. This injunction would have to be issued by a. a jury. b. a judge. c. an executive order. d. a lawyer. 33. Antonio assaulted Mark after the two argued about a parking space. The District Attorney's office prosecuted Antonio on assault charges. Subsequently, Mark filed a lawsuit against Antonio for money damages. Classify each legal action. a. The District Attorney's case was a criminal case; Mark's lawsuit was a civil case. b. The District Attorney's case was a civil case. Mark's lawsuit was a criminal case. c. Both cases are criminal. d. Both cases are civil.