Test Bank for Business Law, 10th Edition

Preview (16 of 1153 Pages)

100%

Purchase to unlock

Loading page image...

1Business Law, 10e(Cheeseman)Chapter 1Legal Heritage and the Digital Age1) ________ is that which must be obeyed and followed by citizens subject to sanctions or legalconsequences.A) MoralityB) PhilosophyC) LawD) ReligionAnswer: CDiff: 1LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept2) Law is described as ________.A) a body of rules of action or conduct prescribed by controlling authority, and having bindinglegal forceB) a study of fundamental problems, such as those connected with existence, knowledge, andlanguageC) a system that builds and organizes knowledge in the form of testable explanations andpredictionsD) a group of hypotheses employed to explain a phenomenonAnswer: ADiff: 1LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept3) Which of the following would be considered an example of shaping moral standards, as seenas a function of the law?A) laws granting freedom of speech and religionB) laws discouraging drug and alcohol abuseC) laws providing rights to peaceful protestD) laws preventing overthrow of a governmentAnswer: BDiff: 2LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept

Loading page image...

24) What function of the law is being served when passing laws that prohibit discrimination atworkplaces?A) keeping the peaceB) providing a basis for compromiseC) maintaining the status quoD) promoting social justiceAnswer: DDiff: 2LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept5) Halfren, a county in the state of Halizona, is extremely earthquake-prone. The governor ofHalizona sets up a committee to study the effects of past earthquakes on Halfren and the possiblemethods that could be used to minimize damage and loss of life. The committee found that a newtechnique of using steel reinforcements in building columns would help reduce overall damages.The findings were put to a debate at the local town hall, where it was accepted by a majority ofthe residents of Halfren. The state government then passed a law making it mandatory to use thenew steel-reinforced columns while constructing new buildings in Halfren. Which of thefollowing functions of the law did the state government of Halizona exhibit in this case?A) promoting social justiceB) maximizing individual freedomC) shaping moral standardsD) facilitating orderly changeAnswer: DDiff: 2LO: 1.1 Define law.AACSB: Application of knowledgeClassification: Application6) What function of the law is being served when passing laws that protect the U.S. governmentfrom the risk of being forcefully overthrown?A) maintaining the status quoB) shaping moral standardsC) facilitating orderly changeD) promoting social justiceAnswer: ADiff: 2LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept

Loading page image...

37) By allowing the U.S. citizens to practice any religion of their choice, what essential functionof the law does the U.S. Constitution serve?A) facilitating orderly changeB) maintaining the status quoC) maximizing individual freedomD) facilitating planningAnswer: CDiff: 1LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept8) Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. Hesued the car manufacturer for installing faulty airbags. But in the course of the case being heardin court, the car company and Mark decided to settle the lawsuit out of court. What importantfunction of the law was served in this case?A) promoting social justiceB) maximizing individual freedomC) providing a basis for compromiseD) maintaining the status quoAnswer: CDiff: 2LO: 1.1 Define law.AACSB: Application of knowledgeClassification: Application9) The Supreme Court case decision on the case ofBrown v. Board of Educationwas importantbecause it exhibited ________.A) the use of the affirmative action policyB) the flexibility of the lawC) the state's supremacy over federal rulingsD) the importance of following precedentAnswer: BDiff: 2LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept10) Businesses that are organized in the United States are subject to its laws, but not to the lawsof other countries in which they do business.Answer: FALSEDiff: 1LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept

Loading page image...

411) Laws in the United States are not set to evolve with changes in social norms.Answer: FALSEDiff: 1LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept12) Laws should not attempt to shape society's moral standards.Answer: FALSEDiff: 1LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept13) The American system of law is set up to be one of the fairest and most democratic systemsever developed. When our system of law fails, it is often because of human failure — abuses ofdiscretion, mistakes by judges and juries, and unequal application of law.Answer: TRUEDiff: 2LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept14) What characteristic of the American legal system was most clearly illustrated by the U.S.Supreme Court's opinion inBrown v. Board of Education? Explain your answer.Answer: The U.S. Supreme Court illustrated flexibility of the law in decidingBrown v. Board ofEducationin 1954. The Court inBrown v. Board of Educationoverturned an 1896 U.S. SupremeCourt decision,Plessy v. Ferguson, in which the Court had held the separate but equal doctrineto be constitutional. In reversing its 1896 decision, the Court in 1954 found that the separate butequal doctrine violated the Equal Protection Clause of the Fourteenth Amendment to the U.S.Constitution. Although the decision was controversial in 1954, requiring both court orders andmilitary action to enforce it, the Supreme Court was unanimous in its determination that societyhad evolved to prohibit separate facilities for schoolchildren of different races.Diff: 2LO: 1.1 Define law.AACSB: Analytical thinkingClassification: Concept

Loading page image...

515) ________ is described as the science or philosophy of the law.A) MoralityB) EthicsC) JusticeD) JurisprudenceAnswer: DDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept16) Philosophers of the ________ School of jurisprudence emphasize a moral theory of law,where law is based on morality and ethics, and is discovered by human reasoning and makingchoices between good and evil.A) SociologicalB) AnalyticalC) HistoricalD) Natural LawAnswer: DDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept17) The Analytical School of jurisprudence maintains that the law is ________.A) shaped by logicB) based on social behaviorC) set by the ruling classD) based on moralityAnswer: ADiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept18) Which school of jurisprudence views law as a sort of evolutionary process, where changingnorms of society will be reflected in the law?A) the Natural Law School of jurisprudenceB) the Sociological School of jurisprudenceC) the Analytical School of jurisprudenceD) the Historical School of jurisprudenceAnswer: DDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept

Loading page image...

619) Imposing a ban on public smoking can serve as an example of a law that adheres to the________ School of jurisprudence.A) CommandB) SociologicalC) Law and EconomicsD) AnalyticalAnswer: BDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept20) The philosophers of the Command School of jurisprudence will assert that the law is________.A) developed, communicated, and enforced by the ruling partyB) a means to achieve and advance sociological goalsC) a collection of a society's traditions and customs that has developed over the centuriesD) based on human reasoning, and humans' choosing power between what is good and evilAnswer: ADiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept21) Which school of jurisprudence bases its principles, for solving legal disputes, on broadnotions of fairness, and subjective decision making by judges?A) the Natural Law School of jurisprudenceB) the Analytical School of jurisprudenceC) the Critical Legal Studies School of jurisprudenceD) the Sociological School of jurisprudenceAnswer: CDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept22) Which school of jurisprudential thought emphasizes using law as a tool for market efficiencywhile solving legal disputes?A) the Critical Legal Studies School of jurisprudenceB) the Command School of jurisprudenceC) the Sociological School of jurisprudenceD) the Law and Economics School of jurisprudenceAnswer: DDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept

Loading page image...

723) Which school of jurisprudential thought is reflected in documents such as the U.S.Constitution, the Magna Carta, and the United Nations Charter?A) the Natural Law SchoolB) the Historical SchoolC) the Sociological SchoolD) the Analytical SchoolAnswer: ADiff: 2LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept24) The U.S. government passed draft laws during the Vietnam War decreeing that men of acertain age had to serve in the military if they met specific physical requirements. Which of thefollowing schools of jurisprudential thought does such draft laws adhere to the most?A) the Historical School of jurisprudential thoughtB) the Natural Law School of jurisprudential thoughtC) the Sociological School of jurisprudential thoughtD) the Command School of jurisprudential thoughtAnswer: DDiff: 2LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept25) The Law and Economics School of jurisprudential thought believes that promoting marketefficiency should be the central goal of legal decision making.Answer: TRUEDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept26) The Critical Legal Studies Schoolproposes that legal rules are unnecessary and are used asan obstacle by the powerful to maintain the status quo.Answer: TRUEDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept

Loading page image...

827) The Critical Legal Studies School of jurisprudential thought seeks to restrict the subjectivedecision-making powers of judges.Answer: FALSEDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept28) The Command School of jurisprudence believes that the law is a set of rules developed,communicated, and enforced by the ruling party.Answer: TRUEDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept29) Sociological philosophers are unlikely to adhere to past law as precedent.Answer: TRUEDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept30) The Analytical School of jurisprudence lays emphasis on how the result of a case is reachedrather than the logic of the result itself.Answer: FALSEDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept31) Natural Law School of jurisprudence emphasizes shaping laws based on morals and ethics.Answer: TRUEDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept32) Legal precedent is a key feature of the Historical School of jurisprudence.Answer: TRUEDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept

Loading page image...

933) The Law and Economics School believes that legal decision making should be functional tomarket efficiency.Answer: TRUEDiff: 1LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept34) Differentiate between the Historical School of jurisprudence and the Sociological School ofjurisprudence.Answer: The Historical Schoolof jurisprudence believes that the law is an aggregate of socialtraditions and customs that have developed over the centuries. It believes that changes in thenorms of society will gradually be reflected in the law. To these legal philosophers, the law is anevolutionary process.The Sociological Schoolof jurisprudence asserts that the law is a means of achieving andadvancing certain sociological goals. The followers of this philosophy, known as realists, believethat the purpose of law is to shape social behavior. Sociological philosophers are unlikely toadhere to past law as precedent.Diff: 2LO: 1.2 List and describe the schools of judicial thought.AACSB: Analytical thinkingClassification: Concept35) What was a result of the development of the English common law?A) the development of forensic science in helping decide casesB) the supremacy of the king and his intervening powers when deciding casesC) the use of precedent of past cases for judges to decide present similar casesD) the subjective decision making of judges when it came to similar casesAnswer: CDiff: 1LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept36) What was a reason for the creation of law courts during the early development of the Englishcommon law?A) to administer law in a uniform mannerB) to help merchants form a standardized set of commercial lawsC) to increase the power of the king in law-makingD) to facilitate legal disputes for the wealthy and influentialAnswer: ADiff: 2LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept

Loading page image...

1037) Which of the following statements best indicates how chancery courts were different fromlaw courts?A) Chancery courts emphasized developing merchant laws rather than laws for the commoncitizen.B) Chancery courts inquired into the merits of a case rather than emphasize legal procedures.C) Chancery courts emphasized a standard set of remedies across different cases rather thanprovide equitable remedies.D) Chancery courts had lower precedence level over legal decisions than the law courts.Answer: BDiff: 2LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept38) ________ courts were allowed to give equitable remedies under the English common law.A) MerchantB) LawC) ChanceryD) AppellateAnswer: CDiff: 1LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept39) What led to the creation of the Chancery Courts?A) the insistence for a court system that emphasized legal procedure rather than the merits of acaseB) the law courts' inability to hear all the cases presented to themC) the increase in overseas trade and proliferation of piracyD) the unfair results and limited remedies provided by the law courtsAnswer: DDiff: 1LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept40) Equitable orders and remedies of the Court of Chancery took precedence over the legaldecisions and remedies of the law courts.Answer: TRUEDiff: 1LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept

Loading page image...

1141) The merchant courts were established because of the unfair results and limited remediesavailable in the chancery courts.Answer: FALSEDiff: 1LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept42) When the American colonies were first settled, the English system of law was adopted as thesystem of jurisprudence.Answer: TRUEDiff: 1LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept43) The Chancery courts under the English common law were under the authority of the LordChancellor.Answer: TRUEDiff: 1LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept44) The law courts of the English common law could only provide monetary awards fordamages.Answer: TRUEDiff: 2LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept45) The law courts of the English common law emphasized legal procedure over the merits of anindividual case.Answer: TRUEDiff: 1LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept

Loading page image...

1246) Give an account of the Law Merchant in early English common law.Answer: As trade developed during the Middle Ages, merchants who traveled about Englandand Europe developed certain rules to solve their commercial disputes. These rules, known as the"law of merchants" or the Law Merchant, were based on common trade practices and usage.Eventually, a separate set of courts was established to administer these rules. This court wascalled the Merchant Court. In the early 1900s, the Merchant Court was absorbed into the regularlaw court system of England.Diff: 2LO: 1.3 Learn the history and development of American law.AACSB: Analytical thinkingClassification: Concept47) What is considered as the supreme law of the land in the United States?A) judicial decisions issued by the state courtsB) the Constitution of the United States of AmericaC) the federal statutes passed by the United States CongressD) executive orders passed by the presidentAnswer: BDiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept48) The ________ branch of the federal government has the power to enforce the law.A) judicialB) legislativeC) executiveD) commissaryAnswer: CDiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept49) What is the function of the judicial branch of the federal government?A) It has the power to interpret and determine the validity of the law.B) It has the power to enact the law.C) It has the power to enforce the law.D) It has the power to act as a liaison between the legislative and executive branches.Answer: ADiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept

Loading page image...

1350) The ________ branch of the federal government has the power to enact laws.A) legislativeB) judicialC) consulateD) executiveAnswer: ADiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept51) Which of the following legal documents establishes the U.S. federal government andspecifies its powers?A) federal statutesB) the U.S. ConstitutionC) the combined list of state statutesD) the set of codified laws called ordinancesAnswer: BDiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept52) A(n) ________ is a compact made between two or more nations.A) amendmentB) treatyC) charterD) statuteAnswer: BDiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept53) A(n) ________ is a written law enacted by the legislative branch of the federal and stategovernments that establishes certain courses of conduct to which covered parties must adhere.A) charterB) treatyC) executive orderD) statuteAnswer: DDiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept

Loading page image...

1454) From the following, identify an example of codified law in the United States?A) judicial rulingsB) federal statutesC) treatiesD) executive ordersAnswer: BDiff: 2LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept55) Ordinances are codified laws that are issued by ________.A) the presidentB) the state legislatureC) the Supreme Court judgesD) local government bodiesAnswer: DDiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept56) ________ are established by the legislative and executive branches of the federal and stategovernments to enforce and interpret statutes enacted by the Congress and state legislatures.A) CommissariesB) State courtsC) Administrative agenciesD) CouncilsAnswer: CDiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept57) What is a judicial decision?A) a decision issued by the executive branch in a state of emergencyB) a decision about an individual lawsuit issued by a federal or state courtC) a codified law passed by the state legislatureD) a decision issued by the legislative branch to establish courses of conduct to which coveredparties must adhereAnswer: BDiff: 2LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept

Loading page image...

1558)Stare decisisis the doctrine of ________.A) providing proof to assert a fact in courtB) adhering to legal precedentC) separating powers between state and religionD) ensuring all legal rights are provided to a person when otherwise deprived of themAnswer: BDiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept59) How is legal precedent used between courts of different states?A) Courts of a state cannot cite the judicial decisions of courts of another state in its decisions.B) Courts of a state must follow precedent from courts of another state for similar cases.C) Courts of a state can use precedent from courts of another state as a form of guidance.D) Courts of a state cannot challenge the precedent of courts of another state.Answer: CDiff: 2LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept60) How does the doctrine ofstare decisishelp in creating stability in a legal system?A) by ensuring that witnesses of a case will be protected by the stateB) by ensuring that the legal rights of a defendant are preservedC) by allowing the use of precedent in deciding future casesD) by allowing the use of writsAnswer: CDiff: 2LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept61) The Securities and Exchange Commission (SEC), created by the Congress to enforce federalsecurities laws, is an example of a(n) ________.A) intelligence agencyB) congressional bodyC) judicial bodyD) administrative agencyAnswer: DDiff: 1LO: 1.4 List and describe the sources of law in the United States.AACSB: Analytical thinkingClassification: Concept

Preview Mode

This document has 1153 pages. Sign in to access the full document!

Report

Study Now!

Document Details

Related Documents

Solution Manual for Business Law, 10th Edition

Lecture Notes for Business Law, 10th Edition

Commercial Law Assignment 1-1

MRL3702 Assignment 1

Quiz-No-2-Labor-ED

BLAW 202 Sample Questions Spring 2025

Employment Law Duties and Misconduct under the Lab

Obligations and Contracts

Contract and Consumer Protection Law

Sarbanes Oxley Act of 2002

Company

Explore

Study Tools