BUL 3310 EXAM 1 QUESTIONS & ANSWERS
Common law is also known as ______ law. - Answer -Judge-made?
A basic principle of statutory interpretation is that specific provisions in the statute are of
greater weight than general provisions. - Answer -True
Prof. Johnson is a law professor who teaches the existence of a higher authority than
the state binding human behavior. She is an adherent of the ____ school of
jurisprudence. - Answer -Natural Law
In deductive reasoning, one draws a conclusion from a premise. - Answer -False
A minimum of ______ Supreme Court justices must agree to accept a case. - Answer -
4
A petit jury decides the guilt or innocence of a defendant in a criminal trial. - Answer -
True
Judge Roe rendered a verdict for the defendant before trial. It was a suit for breach of
contract, and the judge used the complaint and answer, the contract and sworn
affidavits to determine that there were no facts in dispute to put before a jury. For which
of the following did Judge Roe grant a motion? - Answer -Summary judgement
An appeals court does not have the power to review the findings of law made by the
judge during the trial, only the jury's findings of fact. - Answer -False
Assume that Iowa passes a law requiring that all beverages sold in the state in plastic
containers must be bottled in 1 plastic. Assume also that it is the practice in the bottling
industry to put beverages in 2 containers. Special bottles will have to be bought for
distribution in Iowa and special procedures developed for their handling. If out- of- state
bottlers bring suit challenging the constitutionality of Iowa's law, which test will the court
apply? - Answer -Does the law impose an undue burden on interstate commerce
without conferring a substantial benefit on Iowa?
The Privileges and Immunities Clause insures that a citizen of State X cannot be denied
access to employment opportunities in State Y based on his state of residency. -
Answer -True
Which of the following is protected by the 5th Amendment prohibition against self-
incrimination? - Answer -A confession obtained by physical force
,Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar
"knock-off" product because Chirp Chirp is just a small start-up company and they lack
the money to litigate in court with Gaggle, Inc.
Gaggle, Inc. is: - Answer -Unethically exploiting their power and size in the
marketplace.
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to review the
sufficiency of the evidence. - Answer -False
Conspiracy is the crime of attempting to overthrow the government. - Answer -False
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat
Pies" to introduce a new type of weight-loss pie. Which of the following is true with
respect to his actions: - Answer -A. Fat Frank behaved unethically.
B. Fat Frank can be sued in tort in civil court.
C. Fat Frank can potentially face criminal liability for his actions.
Answer: A,B, and C
Powers not specifically delegated to the federal government or to the states are
reserved to the federal government. - Answer -False
Andrew owned a house painting business with 100 employees. Andrew fired Bob
because Bob skipped work to attend a political rally. If Bob sues Andrew for wrongful
termination, will he win? - Answer -No, Bob will not win the lawsuit.
Bill sued Ted for libel over statements Ted published in the company newsletter. A jury
heard the case and found that no libel had occurred because the statements were true.
Bill is very unhappy with this decision, but cannot sue Ted again over these statements
because of the doctrine of - Answer -Res judicata
The trend is for more and more states to adopt uniform laws governing - Answer -
Criminal law
The federal government and state governments have separate and distinct powers. This
arrangement constitutes an ______ separation of powers. - Answer -Vertical
Select all of the following types of laws that are examples of social regulation. - Answer
-Laws that forbid discrimination in employment based on employee's race.
Laws that limit the amount of pollution that can be released into the air from a
manufacturing facility.
, Laws that require a list of ingredients be placed on jars of pre-made spaghetti sauce.
The power of the judicial branch to declare that laws are invalid because they violate the
Constitution is known as ____________________. - Answer -Judicial review
An important step in the application of the legal reasoning process is ____. (select all
the answer options that are correct) - Answer -?
Timothy believes the law should reflect societal values, which may change over time.
He is an adherent of the ____ school. - Answer -Sociological
A syllogism offered by Maria at trial has a false minor premise. The conclusion drawn
from these premises must be valid. - Answer -False
Analogical reasoning relies inferences drawn from previous similar situations. - Answer
-True
Deductive reasoning is but one component of legal reasoning. - Answer -True
Corporations may consider the legal, ethical and philanthropic effects of corporate
decisions. - Answer -True
Principles of legal reasoning may successfully be applied to solving certain problems
related to business strategies. - Answer -True
Which of the following statements about the Uniform Commercial Code UCC is correct?
- Answer -The UCC consists of identical statutes enacted by the states to provide
businesses with consistent and predictable laws.
Which of the following are legal protections available to a business that allow a business
to capitalize on the firms intellectual property: (select all the answer options that are
correct) - Answer -a patent for an invention
a copyright for a written work
protection for a trade secret
The important common law doctrine that means "to stand by the decision" is - Answer -
Stare decisis
Which of the following is not a category of private law? - Answer -Criminal law
*Which are?: Tort Law, Property Law, and Contract Law
Common law is also known as ______ law. - Answer -Judge-made?
A basic principle of statutory interpretation is that specific provisions in the statute are of
greater weight than general provisions. - Answer -True
Prof. Johnson is a law professor who teaches the existence of a higher authority than
the state binding human behavior. She is an adherent of the ____ school of
jurisprudence. - Answer -Natural Law
In deductive reasoning, one draws a conclusion from a premise. - Answer -False
A minimum of ______ Supreme Court justices must agree to accept a case. - Answer -
4
A petit jury decides the guilt or innocence of a defendant in a criminal trial. - Answer -
True
Judge Roe rendered a verdict for the defendant before trial. It was a suit for breach of
contract, and the judge used the complaint and answer, the contract and sworn
affidavits to determine that there were no facts in dispute to put before a jury. For which
of the following did Judge Roe grant a motion? - Answer -Summary judgement
An appeals court does not have the power to review the findings of law made by the
judge during the trial, only the jury's findings of fact. - Answer -False
Assume that Iowa passes a law requiring that all beverages sold in the state in plastic
containers must be bottled in 1 plastic. Assume also that it is the practice in the bottling
industry to put beverages in 2 containers. Special bottles will have to be bought for
distribution in Iowa and special procedures developed for their handling. If out- of- state
bottlers bring suit challenging the constitutionality of Iowa's law, which test will the court
apply? - Answer -Does the law impose an undue burden on interstate commerce
without conferring a substantial benefit on Iowa?
The Privileges and Immunities Clause insures that a citizen of State X cannot be denied
access to employment opportunities in State Y based on his state of residency. -
Answer -True
Which of the following is protected by the 5th Amendment prohibition against self-
incrimination? - Answer -A confession obtained by physical force
,Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar
"knock-off" product because Chirp Chirp is just a small start-up company and they lack
the money to litigate in court with Gaggle, Inc.
Gaggle, Inc. is: - Answer -Unethically exploiting their power and size in the
marketplace.
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The
arbitrator makes an erroneous finding of fact. This is a ground for a court to review the
sufficiency of the evidence. - Answer -False
Conspiracy is the crime of attempting to overthrow the government. - Answer -False
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat
Pies" to introduce a new type of weight-loss pie. Which of the following is true with
respect to his actions: - Answer -A. Fat Frank behaved unethically.
B. Fat Frank can be sued in tort in civil court.
C. Fat Frank can potentially face criminal liability for his actions.
Answer: A,B, and C
Powers not specifically delegated to the federal government or to the states are
reserved to the federal government. - Answer -False
Andrew owned a house painting business with 100 employees. Andrew fired Bob
because Bob skipped work to attend a political rally. If Bob sues Andrew for wrongful
termination, will he win? - Answer -No, Bob will not win the lawsuit.
Bill sued Ted for libel over statements Ted published in the company newsletter. A jury
heard the case and found that no libel had occurred because the statements were true.
Bill is very unhappy with this decision, but cannot sue Ted again over these statements
because of the doctrine of - Answer -Res judicata
The trend is for more and more states to adopt uniform laws governing - Answer -
Criminal law
The federal government and state governments have separate and distinct powers. This
arrangement constitutes an ______ separation of powers. - Answer -Vertical
Select all of the following types of laws that are examples of social regulation. - Answer
-Laws that forbid discrimination in employment based on employee's race.
Laws that limit the amount of pollution that can be released into the air from a
manufacturing facility.
, Laws that require a list of ingredients be placed on jars of pre-made spaghetti sauce.
The power of the judicial branch to declare that laws are invalid because they violate the
Constitution is known as ____________________. - Answer -Judicial review
An important step in the application of the legal reasoning process is ____. (select all
the answer options that are correct) - Answer -?
Timothy believes the law should reflect societal values, which may change over time.
He is an adherent of the ____ school. - Answer -Sociological
A syllogism offered by Maria at trial has a false minor premise. The conclusion drawn
from these premises must be valid. - Answer -False
Analogical reasoning relies inferences drawn from previous similar situations. - Answer
-True
Deductive reasoning is but one component of legal reasoning. - Answer -True
Corporations may consider the legal, ethical and philanthropic effects of corporate
decisions. - Answer -True
Principles of legal reasoning may successfully be applied to solving certain problems
related to business strategies. - Answer -True
Which of the following statements about the Uniform Commercial Code UCC is correct?
- Answer -The UCC consists of identical statutes enacted by the states to provide
businesses with consistent and predictable laws.
Which of the following are legal protections available to a business that allow a business
to capitalize on the firms intellectual property: (select all the answer options that are
correct) - Answer -a patent for an invention
a copyright for a written work
protection for a trade secret
The important common law doctrine that means "to stand by the decision" is - Answer -
Stare decisis
Which of the following is not a category of private law? - Answer -Criminal law
*Which are?: Tort Law, Property Law, and Contract Law
