,TESTBANK FOR Essentials of Business Law and the
Legal Environment 14th Edition by Richard A.
Mann
Notes
1- The file is chapter after chapter.
2- We have shown you few pages sample.
3- The file contains all Appendix and Excel sheet
if it exists.
4- We have all what you need, we make update
at every time. There are many new editions
waiting you.
5- If you think you purchased the wrong file You
can contact us at every time, we can replace it
with true one.
Our email:
,Name: Class: Date:
Chapter 01 Introduction to Law
True / False
1. The primary function of the law is to allow flexibility and adaptability in the social, political, and
economic system of a society.
a. True
b. False
ANSWER: False
2. William Blackstone, an English jurist, defined law as “a rule of civil conduct prescribed by the
supreme power in a state, commanding what is right, and prohibiting what is wrong.”
a. True
b. False
ANSWER: True
3. The common law system is used in most of Canada, Asia, and South America.
a. True
b. False
ANSWER: False
4. The law that creates, defines, and regulates most of our legal rights and duties is called executive law.
a. True
b. False
ANSWER: False
5. The U.S. Constitution provides that federal statutes supercede provisions of state constitutions and state
statutes.
a. True
b. False
ANSWER: True
6. The burden of proof required in a criminal case is preponderance of the evidence.
a. True
b. False
ANSWER: False
7. The law does not change; it is based on unchanging and universal truths.
a. True
b. False
ANSWER: False
8. The main classifications of the law are (a) substantive and procedural, (b) public and private, and (c)
civil and criminal.
a. True
b. False
Copyright Cengage Learning. Powered by Cognero. Page 1
,Name: Class: Date:
Chapter 01 Introduction to Law
ANSWER: True
9. Law is an instrument intended to achieve and maintain social control.
a. True
b. False
ANSWER: True
10. Under the civil law system, the judiciary initiates litigation, investigates pertinent facts, and conducts
the presentation of evidence.
a. True
b. False
ANSWER: True
11. A judge deciding a common law case must look for guidance to similar cases previously decided by
that court or superior courts.
a. True
b. False
ANSWER: True
12. The principle of judicial review divides the government into three distinct and independent branches:
judicial, executive, and legislative.
a. True
b. False
ANSWER: False
13. The Uniform Commercial Code is a federal law that applies to commercial transactions among the
states.
a. True
b. False
ANSWER: False
14. 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.
a. True
b. False
ANSWER: False
15. A constitution restricts the powers of the government and specifies the rights and liberties of the
people.
a. True
b. False
ANSWER: True
16. Laws passed by Congress are the supreme law of the land in the United States and take precedence
over all other sources of law.
Copyright Cengage Learning. Powered by Cognero. Page 2
,Name: Class: Date:
Chapter 01 Introduction to Law
a. True
b. False
ANSWER: False
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.
a. True
b. False
ANSWER: True
18. The common law system of law uses the inquisitorial system of settling disputes.
a. True
b. False
ANSWER: False
19. Chase and Piper asked a court for reformation of their contract based on the fact that they made a
mutual mistake. They can seek an equitable remedy.
a. True
b. False
ANSWER: True
20. The principle of stare decisis gives stability to our system of jurisprudence because it encourages
consistent decisions for similar cases.
a. True
b. False
ANSWER: True
21. Once a court has decided a case, the principle of stare decisis precludes correction of erroneous
decisions.
a. True
b. False
ANSWER: False
22. Civil law systems, as found in the state of Louisiana and countries such as Scotland, depend on
comprehensive legislative enactments.
a. True
b. False
ANSWER: True
23. The American Law Institute has authored an orderly restatement of the general common law of the
United States called the Restatement of law.
a. True
b. False
Copyright Cengage Learning. Powered by Cognero. Page 3
,Name: Class: Date:
Chapter 01 Introduction to Law
ANSWER: True
24. The business law topics of contracts, agency, property, and trusts are governed primarily by the
common law.
a. True
b. False
ANSWER: True
25. Assume the state of Texas has been negotiating with the Mexican government on issues involving
acid rain and eventually reaches an agreement with Mexican officials to regulate industrial pollution that
contributes to acid rain in return for Texas regulating cattle waste that contributes to water table pollution.
This is a valid treaty under the U.S. Constitution.
a. True
b. False
ANSWER: False
26. In the United States, treaties are not subject to judicial review.
a. True
b. False
ANSWER: False
27. Tate brings an action against Tim for damages from trespass to Tate’s property. Tate must prove the
case by a preponderance of the evidence.
a. True
b. False
ANSWER: True
28. All laws are derived from morals, but some moral precepts are not enforced by legal sanctions.
a. True
b. False
ANSWER: False
29. Business law is primarily private law.
a. True
b. False
ANSWER: True
30. The terms "law" and "justice" are interchangeable.
a. True
b. False
ANSWER: False
31. Decisions of courts of appeals are published in volumes known as "reports" or "reporters."
a. True
Copyright Cengage Learning. Powered by Cognero. Page 4
,Name: Class: Date:
Chapter 01 Introduction to Law
b. False
ANSWER: True
32. The law is a product of pure science.
a. True
b. False
ANSWER: False
33. Moral concepts greatly influence the law, but morals and laws are not the same.
a. True
b. False
ANSWER: True
34. An example of a treaty was issued by President Johnson in 1965 prohibiting discrimination by federal
contractors.
a. True
b. False
ANSWER: False
35. An example of a widely adopted uniform law for states to consider is the Uniform Partnership Act.
a. True
b. False
ANSWER: True
Multiple Choice
36. A crime is:
a. a wrongdoing that requires litigation between the victim and the perpetrator.
b. any act prohibited by the government or an omission of an act required by public law and
made punishable by the government in a judicial proceeding brought by it.
c. litigation where the injured party sues to recover compensation for the damages and injury
sustained as a result of the defendant's wrongful conduct.
d. wrongful conduct as set forth in statutes that constitute the supreme law of the land.
ANSWER: b
37. What is the supreme law of the land in the United States?
a. Federal statutes
b. International treaties
c. Case law as developed through the U.S. Supreme Court
d. The U.S. Constitution
ANSWER: d
38. Which of the following is not descriptive of the law?
a. It is always prohibitory.
Copyright Cengage Learning. Powered by Cognero. Page 5
,Name: Class: Date:
Chapter 01 Introduction to Law
b. It is pervasive.
c. It may be permissive.
d. It is regulatory.
ANSWER: a
39. In which of the following cases is a court unlikely to provide remedies?
a. A person refuses to return a friend's borrowed book.
b. A stranger watches and refuses to help rescue a drowning child.
c. A person pushes a stranger into the lake, causing the stranger severe injury.
d. A driver maneuvers recklessly on a busy street.
ANSWER: b
40. Which one of the following is NOT true of a suit brought under criminal law?
a. It must be brought by the government.
b. It may be a state or a federal case.
c. Proof of guilt must be "by preponderance of the evidence."
d. Conviction may result in imprisonment.
ANSWER: c
41. Which of the following is NOT a source of federal law?
a. Rules of administrative agencies
b. Decisions of federal courts
c. Executive orders of the President
d. Hearings before the Senate
ANSWER: d
42. What American jurists defined law in a functional sense as predictions of the way that a court will
decide specific legal questions?
a. Roscoe Pound and Alexander Hamilton
b. Blackstone and Austin
c. Roscoe Pound and Benjamin Cardozo
d. Oliver Wendell Holmes and Benjamin Cardozo
ANSWER: d
43. Courts of equity:
a. have remained separate court systems in nearly every jurisdiction in the United States.
b. ordinarily do not involve juries.
c. in all cases recognized new rights that were not enforceable at common law.
d. typically have three judges and a jury of twelve citizens.
ANSWER: b
44. Maddox has been charged with vandalism of a privately owned office building. The prosecutor must
prove Maddox's guilt:
a. by a preponderance of the evidence.
Copyright Cengage Learning. Powered by Cognero. Page 6
,Name: Class: Date:
Chapter 01 Introduction to Law
b. by a majority of the evidence.
c. beyond a reasonable doubt.
d. beyond any doubt.
ANSWER: c
45. The President of the United States has the authority to issue laws, which are called:
a. Restatements of law.
b. Executive orders.
c. Constitutional amendments.
d. Codes.
ANSWER: b
46. The courts in common law systems have developed a body of law that serves as precedent for
determination of later controversies. This is called:
a. civil law.
b. case law.
c. court law.
d. county law.
ANSWER: b
47. An example of private law is:
a. contracts between two corporations.
b. administrative agency rulings.
c. a trial of an accused thief.
d. investigation of bribery of a public official.
ANSWER: a
48. The decision of an equity court is called:
a. a judgment.
b. a decree.
c. stare decisis.
d. an inquisition.
ANSWER: b
49. The branch of public law that deals with the various regulatory functions and activities of agencies of
the government is:
a. criminal law.
b. administrative law.
c. Constitutional law.
d. substantive law.
ANSWER: b
50. A constitution establishes government structure, specifically enumerates certain liberties of the people
and:
Copyright Cengage Learning. Powered by Cognero. Page 7
, Name: Class: Date:
Chapter 01 Introduction to Law
a. gives power of commerce to the federal government.
b. defines the role of churches.
c. restricts powers of government.
d. allows any action that is not harmful to society.
ANSWER: c
51. The person who files or commences a civil lawsuit is the:
a. plaintiff.
b. defendant.
c. prosecuting attorney.
d. attorney general.
ANSWER: a
52. Because of the increasing complexity of the social, economic, and industrial life of the nation, the
scope of which type of law has expanded enormously?
a. Common
b. Administrative
c. Procedural
d. Equitable
ANSWER: b
53. A court order requiring a person to do or refrain from doing a particular act is known as a(n):
a. injunction.
b. maxim.
c. statute.
d. executive order.
ANSWER: a
54. The three distinct and independent branches of the U.S. government are:
a. the executive branch, the House of Representatives, and the U.S. Senate.
b. the federal judiciary, the House of Representatives, and the U.S. Senate.
c. the federal judiciary, the Congress, and the executive branch.
d. the state government, the federal government, and local government.
ANSWER: c
55. Which of the following is a true statement?
a. A treaty signed by the President and approved by the Senate has the legal force of a federal
statute.
b. A federal statute may not supersede a prior treaty.
c. A treaty signed by the President does not need approval by Congress.
d. A treaty must be approved by a majority of the Supreme Court Justices before being signed by
the President.
ANSWER: a
Copyright Cengage Learning. Powered by Cognero. Page 8
Legal Environment 14th Edition by Richard A.
Mann
Notes
1- The file is chapter after chapter.
2- We have shown you few pages sample.
3- The file contains all Appendix and Excel sheet
if it exists.
4- We have all what you need, we make update
at every time. There are many new editions
waiting you.
5- If you think you purchased the wrong file You
can contact us at every time, we can replace it
with true one.
Our email:
,Name: Class: Date:
Chapter 01 Introduction to Law
True / False
1. The primary function of the law is to allow flexibility and adaptability in the social, political, and
economic system of a society.
a. True
b. False
ANSWER: False
2. William Blackstone, an English jurist, defined law as “a rule of civil conduct prescribed by the
supreme power in a state, commanding what is right, and prohibiting what is wrong.”
a. True
b. False
ANSWER: True
3. The common law system is used in most of Canada, Asia, and South America.
a. True
b. False
ANSWER: False
4. The law that creates, defines, and regulates most of our legal rights and duties is called executive law.
a. True
b. False
ANSWER: False
5. The U.S. Constitution provides that federal statutes supercede provisions of state constitutions and state
statutes.
a. True
b. False
ANSWER: True
6. The burden of proof required in a criminal case is preponderance of the evidence.
a. True
b. False
ANSWER: False
7. The law does not change; it is based on unchanging and universal truths.
a. True
b. False
ANSWER: False
8. The main classifications of the law are (a) substantive and procedural, (b) public and private, and (c)
civil and criminal.
a. True
b. False
Copyright Cengage Learning. Powered by Cognero. Page 1
,Name: Class: Date:
Chapter 01 Introduction to Law
ANSWER: True
9. Law is an instrument intended to achieve and maintain social control.
a. True
b. False
ANSWER: True
10. Under the civil law system, the judiciary initiates litigation, investigates pertinent facts, and conducts
the presentation of evidence.
a. True
b. False
ANSWER: True
11. A judge deciding a common law case must look for guidance to similar cases previously decided by
that court or superior courts.
a. True
b. False
ANSWER: True
12. The principle of judicial review divides the government into three distinct and independent branches:
judicial, executive, and legislative.
a. True
b. False
ANSWER: False
13. The Uniform Commercial Code is a federal law that applies to commercial transactions among the
states.
a. True
b. False
ANSWER: False
14. 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.
a. True
b. False
ANSWER: False
15. A constitution restricts the powers of the government and specifies the rights and liberties of the
people.
a. True
b. False
ANSWER: True
16. Laws passed by Congress are the supreme law of the land in the United States and take precedence
over all other sources of law.
Copyright Cengage Learning. Powered by Cognero. Page 2
,Name: Class: Date:
Chapter 01 Introduction to Law
a. True
b. False
ANSWER: False
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.
a. True
b. False
ANSWER: True
18. The common law system of law uses the inquisitorial system of settling disputes.
a. True
b. False
ANSWER: False
19. Chase and Piper asked a court for reformation of their contract based on the fact that they made a
mutual mistake. They can seek an equitable remedy.
a. True
b. False
ANSWER: True
20. The principle of stare decisis gives stability to our system of jurisprudence because it encourages
consistent decisions for similar cases.
a. True
b. False
ANSWER: True
21. Once a court has decided a case, the principle of stare decisis precludes correction of erroneous
decisions.
a. True
b. False
ANSWER: False
22. Civil law systems, as found in the state of Louisiana and countries such as Scotland, depend on
comprehensive legislative enactments.
a. True
b. False
ANSWER: True
23. The American Law Institute has authored an orderly restatement of the general common law of the
United States called the Restatement of law.
a. True
b. False
Copyright Cengage Learning. Powered by Cognero. Page 3
,Name: Class: Date:
Chapter 01 Introduction to Law
ANSWER: True
24. The business law topics of contracts, agency, property, and trusts are governed primarily by the
common law.
a. True
b. False
ANSWER: True
25. Assume the state of Texas has been negotiating with the Mexican government on issues involving
acid rain and eventually reaches an agreement with Mexican officials to regulate industrial pollution that
contributes to acid rain in return for Texas regulating cattle waste that contributes to water table pollution.
This is a valid treaty under the U.S. Constitution.
a. True
b. False
ANSWER: False
26. In the United States, treaties are not subject to judicial review.
a. True
b. False
ANSWER: False
27. Tate brings an action against Tim for damages from trespass to Tate’s property. Tate must prove the
case by a preponderance of the evidence.
a. True
b. False
ANSWER: True
28. All laws are derived from morals, but some moral precepts are not enforced by legal sanctions.
a. True
b. False
ANSWER: False
29. Business law is primarily private law.
a. True
b. False
ANSWER: True
30. The terms "law" and "justice" are interchangeable.
a. True
b. False
ANSWER: False
31. Decisions of courts of appeals are published in volumes known as "reports" or "reporters."
a. True
Copyright Cengage Learning. Powered by Cognero. Page 4
,Name: Class: Date:
Chapter 01 Introduction to Law
b. False
ANSWER: True
32. The law is a product of pure science.
a. True
b. False
ANSWER: False
33. Moral concepts greatly influence the law, but morals and laws are not the same.
a. True
b. False
ANSWER: True
34. An example of a treaty was issued by President Johnson in 1965 prohibiting discrimination by federal
contractors.
a. True
b. False
ANSWER: False
35. An example of a widely adopted uniform law for states to consider is the Uniform Partnership Act.
a. True
b. False
ANSWER: True
Multiple Choice
36. A crime is:
a. a wrongdoing that requires litigation between the victim and the perpetrator.
b. any act prohibited by the government or an omission of an act required by public law and
made punishable by the government in a judicial proceeding brought by it.
c. litigation where the injured party sues to recover compensation for the damages and injury
sustained as a result of the defendant's wrongful conduct.
d. wrongful conduct as set forth in statutes that constitute the supreme law of the land.
ANSWER: b
37. What is the supreme law of the land in the United States?
a. Federal statutes
b. International treaties
c. Case law as developed through the U.S. Supreme Court
d. The U.S. Constitution
ANSWER: d
38. Which of the following is not descriptive of the law?
a. It is always prohibitory.
Copyright Cengage Learning. Powered by Cognero. Page 5
,Name: Class: Date:
Chapter 01 Introduction to Law
b. It is pervasive.
c. It may be permissive.
d. It is regulatory.
ANSWER: a
39. In which of the following cases is a court unlikely to provide remedies?
a. A person refuses to return a friend's borrowed book.
b. A stranger watches and refuses to help rescue a drowning child.
c. A person pushes a stranger into the lake, causing the stranger severe injury.
d. A driver maneuvers recklessly on a busy street.
ANSWER: b
40. Which one of the following is NOT true of a suit brought under criminal law?
a. It must be brought by the government.
b. It may be a state or a federal case.
c. Proof of guilt must be "by preponderance of the evidence."
d. Conviction may result in imprisonment.
ANSWER: c
41. Which of the following is NOT a source of federal law?
a. Rules of administrative agencies
b. Decisions of federal courts
c. Executive orders of the President
d. Hearings before the Senate
ANSWER: d
42. What American jurists defined law in a functional sense as predictions of the way that a court will
decide specific legal questions?
a. Roscoe Pound and Alexander Hamilton
b. Blackstone and Austin
c. Roscoe Pound and Benjamin Cardozo
d. Oliver Wendell Holmes and Benjamin Cardozo
ANSWER: d
43. Courts of equity:
a. have remained separate court systems in nearly every jurisdiction in the United States.
b. ordinarily do not involve juries.
c. in all cases recognized new rights that were not enforceable at common law.
d. typically have three judges and a jury of twelve citizens.
ANSWER: b
44. Maddox has been charged with vandalism of a privately owned office building. The prosecutor must
prove Maddox's guilt:
a. by a preponderance of the evidence.
Copyright Cengage Learning. Powered by Cognero. Page 6
,Name: Class: Date:
Chapter 01 Introduction to Law
b. by a majority of the evidence.
c. beyond a reasonable doubt.
d. beyond any doubt.
ANSWER: c
45. The President of the United States has the authority to issue laws, which are called:
a. Restatements of law.
b. Executive orders.
c. Constitutional amendments.
d. Codes.
ANSWER: b
46. The courts in common law systems have developed a body of law that serves as precedent for
determination of later controversies. This is called:
a. civil law.
b. case law.
c. court law.
d. county law.
ANSWER: b
47. An example of private law is:
a. contracts between two corporations.
b. administrative agency rulings.
c. a trial of an accused thief.
d. investigation of bribery of a public official.
ANSWER: a
48. The decision of an equity court is called:
a. a judgment.
b. a decree.
c. stare decisis.
d. an inquisition.
ANSWER: b
49. The branch of public law that deals with the various regulatory functions and activities of agencies of
the government is:
a. criminal law.
b. administrative law.
c. Constitutional law.
d. substantive law.
ANSWER: b
50. A constitution establishes government structure, specifically enumerates certain liberties of the people
and:
Copyright Cengage Learning. Powered by Cognero. Page 7
, Name: Class: Date:
Chapter 01 Introduction to Law
a. gives power of commerce to the federal government.
b. defines the role of churches.
c. restricts powers of government.
d. allows any action that is not harmful to society.
ANSWER: c
51. The person who files or commences a civil lawsuit is the:
a. plaintiff.
b. defendant.
c. prosecuting attorney.
d. attorney general.
ANSWER: a
52. Because of the increasing complexity of the social, economic, and industrial life of the nation, the
scope of which type of law has expanded enormously?
a. Common
b. Administrative
c. Procedural
d. Equitable
ANSWER: b
53. A court order requiring a person to do or refrain from doing a particular act is known as a(n):
a. injunction.
b. maxim.
c. statute.
d. executive order.
ANSWER: a
54. The three distinct and independent branches of the U.S. government are:
a. the executive branch, the House of Representatives, and the U.S. Senate.
b. the federal judiciary, the House of Representatives, and the U.S. Senate.
c. the federal judiciary, the Congress, and the executive branch.
d. the state government, the federal government, and local government.
ANSWER: c
55. Which of the following is a true statement?
a. A treaty signed by the President and approved by the Senate has the legal force of a federal
statute.
b. A federal statute may not supersede a prior treaty.
c. A treaty signed by the President does not need approval by Congress.
d. A treaty must be approved by a majority of the Supreme Court Justices before being signed by
the President.
ANSWER: a
Copyright Cengage Learning. Powered by Cognero. Page 8
