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Connect Business Law Homework 1

Q1. If Judge Oh were a person who believed in the wisdom of legal positivism, he would _____________________.

be very positive that he knew what the law really is
be less concerned with the morality of the law than with the need to obey the law
insist the law is a positive force in our society
prefer for the law to obey the views of the early framers of the Constitution
decide on the basis of which side sounded the most positive about our future

Q2. For Judge Oh to be comfortable with natural law as a legal philosophy, which of the following would need to be true?

It is natural for injustice to develop.
Natural law would need to become more popular than it currently is
He would need to have no legal philosophy at all
The higher law is that the weaker members of society should be protected by the law
Judge Oh would need to place more faith in a higher power

Q3. Which of the following is a true statement about legal philosophy?

Only statutory law is shaped by legal philosophy.
Law is shaped by solid reasons, rather than by legal philosophy.
Legal philosophy helps shape all law
The laws of other countries are less likely to be shaped by legal philosophy.
Legal philosophy comes into play after the law has been created.

Q4. Obedience to precedent is especially powerful among believers in which legal philosophy?

Natural law.
Identification with the vulnerable.
Cost-benefit analysis.
Legal realism.
Tradition

Q5. Tradition and legal positivism share __________________.

a respect for stability
a hesitation to sponsor more administrative agencies
a preference for statutory law over treaties
a support for cost-benefit analysis
a dislike for the Plessy v. Ferguson decision

Q6. Fairness is the central guide for which legal philosophy?

Legal positivism.
Tradition
Cost-benefit analysis.
Natural law
Identification with the vulnerable

Q7. In critical thinking language, what do we call the court’s decision?

Jury instructions
Final words in its decision
Conclusion
Deciding factor
Determination of the issues.

Q8. Why are the differences between a precedent and the current case important?

Courts are trying to reduce differences, not increase them
There should be few differences for the legal reasoning in the precedent to apply in the current case
An analogy is high or low quality when its differences are uniquely exciting
Later, courts will be studying these differences to determine the quality of this court.
The current case will itself be a precedent after the decision.

Q9. When we ask why a particular decision was made by a court, we are expressing which of the following?

Tolerance and curiosity.
A desire to demonstrate that we do not accept the conclusion of the court.
Hesitancy to obey this particular court
The adversarial nature of law.
A respectful desire to understand the reasons for the court’s decision.

Q10. _________ refers to the rules and regulations created by the legislature

Uniform law
Civil law
Statutory law
Procedural law
Constitutional law

Q11. If a judge ruled in a legal case that immigration law justifies the detaining of undocumented immigrant workers, but in the same ruling added that her application of the law does not necessarily mean that the law is morally correct, then the judge is likely adhering to which of the following principles?

Stare decisis
Legal realism
Cost-benefit analysis
Natural law
Legal positivism

Q12. Which of the following answer choices is a necessary but questionable assumption that a judge takes for granted when applying precedent?

The judge assumes that decisions made in different time periods are never significantly different from one another.
The judge assumes that past legal practice is the product of careful thought.
The judge is following the doctrine of stare decisis.
The judge is assuming that the historical school of jurisprudence is flawed.
The judge assumes that cost-benefit analysis can be properly applied in any time period.

Q13. _____ consists of the enforceable rules of conduct that govern commercial relationships.

Work ethic
Organizational value
Business law
Organizational norm

Q14. Betty’s Bakery has a three-year agreement with Frank’s Farm to purchase ten dozen eggs every week. After two years, Betty’s Bakery wants to change the suppliers that will lead to a breach of their agreement. Which area of business law will best govern the legal aspects of this decision?

Environmental law
Consumer law
Contract law
Farm law

Q15. Which of the following is an intended and essential purpose of law?

To increase dependency on the political system.
To demand respect from civilians
To limit individual freedom
To encourage social justice.

Q16. Which of the following laws would govern a dispute between a tenant and a landlord over payment of rent?

Public law
Private law
Criminal law
Administrative law

Q17. A pharmaceutical company has been regularly dumping its hazardous waste in a nearby lake. This has led to serious health issues among people living in the neighborhood. Which of the following laws will regulate this incident?

Private law
Consumer law
Tort law
Public law

Q18. Its managing director misappropriated the expenses and the incomes of a publicly held company. When the incident came to light, the share value of the company fell drastically. Which of the following laws will regulate this incident?

Private law
Environmental law
Criminal law
Civil law

Q19. While civil law involves the right between people and people and the governments, criminal law

is only applicable for transactions between two individuals.
requires that the defendant must be found guilty by a preponderance of evidence.
applies to acts that are considered to be against society.
deals with personal issues like marriage and divorce.

Q20. Laws created by the legislature are called

case laws.
common laws.
statutory laws.
administrative laws.

Q21. Wong owned a laundry in Aurora, Colorado, but has moved to Salt Lake City, Utah, for personal reasons. He wants to establish another laundry in the new city. He can find information regarding local taxes if he refers to the

U.S. Constitution.
county ordinances
United States Code
common law.

Q22. _____ is best described as the collection of legal interpretations made by judges.

Uniform law
Constitutional law
Common law
Statutory law

Q23. If the Food Safety and Inspection Service (FSIS), a government agency, requires the labeling on egg cartons to include the product’s expiry date, the law that would cover this rule would be

common law.
administrative law.
statutory law.
constitutional law.

Q24. A(n) _____ is best described as a binding agreement between two states or international organizations.

promissory note
treaty
cartel
equity alliance

Q25. Natural law _____

uses judge created rules
uses tradition or custom for shaping laws.
describes certain ethical laws and principles believed to be morally right and “above” the laws devised by humans.
is based on the idea that judges need to consider more than just the law.

Q26. The concept of _____ ensures that morality does not interfere with our inclination to obey the law.

natural law
legal positivism
stare decisis
restatements of the law

Q27. On which of the following tenets does the concept of legal realism primarily rest?

Law can never be enforced with complete consistency because the environment is ever changing
Basing current judgments exclusively on past court decisions ensures social justice.
Individuals have basic human rights, but they do not have the freedom to disobey a law enacted by people if their conscience goes against it.
When we follow tradition, we link our behavior to the behavior of those who faced similar problems in earlier periods.

Q28. Which of the following does not determine what market participants may or may not legally do?

Constitutions
Corporations
Legislatures
Courts

Q29. Civil law involves

situations in which an individual commits an act against society.
responsibilities in relationships between persons only.
remedies available when someone’s rights are violated.
responsibilities between people and people as their government.

Q30. Which of the following is not an appropriate category/classification of law?

Civil law
Private law
“Quasi-criminal” law
Cyberlaw

Q31. All of the following include relevant areas of business law with respect to corporate management except

white-collar crimes.
antitrust law.
employment law.
property law.

Q32. Which of the following is a purpose of law?

Provide order.
Encourage social justice.
Guarantee personal freedoms.
All of these are correct.

Q33. Legal interpretations by judges are called common law, which is also know as

corpus juris secundum.
case law.
statutory law.
executive order.

Q34. When courts rely on precedent, they are obeying the principle of __________

stare decisis.
nolo contendere.
res ipsa loquitur.
lux libertas.

Q35. Which of the following is an example of a major independent federal administrative agency?

The Consumer Product Safety Commission.
The Republican National Committee.
The Veteran’s Administration.
The Occupational Safety and Health Administration.

Q36. The __________ laws include sales laws and other regulations affecting commerce, such as bank deposits and collections, title documents, and warranties.

Compendium of State Commercial Codes (CSCC)
Non-Uniform Sales Code (NUSC)
Uniform Commercial Code (UCC)
Uniform International Commercial Code (UICC)

Q37. Business law consists of the enforceable rules of conduct that govern commercial relationships.

Q38. Criminal law lays out the rights and responsibilities implied in relationships between persons.

Q39. Statutory law is the supreme law of the land and the foundation for all laws in the United States.

Q40. Another name for case law is common law.

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