Question 1

The concept of flexibility in the law is best illustrated by:

Accepted Answer

A)  the use of precedent to decide similar cases in similar ways 
B)  passing statutes that purposely do not address precisely how they would apply in all situations 
C)  the use of appointed judges rather than elected judges 
D)  imposing mandatory penalties for criminal violations 
E)  setting a fixed amount of damages applicable to all wrongful death cases 
A)  the use of precedent to decide similar cases in similar ways 
B)  passing statutes that purposely do not address precisely how they would apply in all situations 
C)  the use of appointed judges rather than elected judges 
D)  imposing mandatory penalties for criminal violations 
E)  setting a fixed amount of damages applicable to all wrongful death cases

Question 2

In the United States,what is the supreme law of the land?

Accepted Answer

A)  the U.S. Constitution 
B)  the statutes passed by Congress 
C)  executive orders issued by the President 
D)  state constitutions 
A)  the U.S. Constitution 
B)  the statutes passed by Congress 
C)  executive orders issued by the President 
D)  state constitutions

Question 3

Someone who believes that law is a reflection of those in power believes in which school of jurisprudential thought?

Accepted Answer

A)  the Natural Law school 
B)  the Historical school 
C)  the Analytical school 
D)  the Command school 
A)  the Natural Law school 
B)  the Historical school 
C)  the Analytical school 
D)  the Command school

Question 4

Proponents of the Critical Legal Studies School of jurisprudence argue for great subjectivity in decisions made by judges.

Accepted Answer

A) True 
 B)False

Question 5

Codes consist of statutes that have been organized by topic.

Accepted Answer

A) True 
 B)False

Question 6

The law in the United States has been influenced by English,French,and Spanish law.

Accepted Answer

A) True 
 B)False

Question 7

According to the analytical school of thought,the law is formed by logic.

Accepted Answer

A) True 
 B)False

Question 8

What was the U.S.Supreme Court's reaction to a case in which a business executive was found guilty of aiding and abetting in the bribery of an Internal Revenue Service agent even though the Internal Revenue Service agent had been found not guilty of the bribery in a separate trial?

Accepted Answer

A)  Because one of the defendants had been found guilty,both should have been found guilty. 
B)  Because one of the defendants had been found not guilty,they both should have been found not guilty. 
C)  Because of the inconsistent outcomes,a third combined trial was ordered to reconcile the different outcomes. 
D)  The decisions in both cases were thrown out,making it possible,though not mandatory,that one or both defendants would have to face another trial. 
E)  This simply underscores the fact that there is always the possibility that different juries might reach different results in a given situation. 
A)  Because one of the defendants had been found guilty,both should have been found guilty. 
B)  Because one of the defendants had been found not guilty,they both should have been found not guilty. 
C)  Because of the inconsistent outcomes,a third combined trial was ordered to reconcile the different outcomes. 
D)  The decisions in both cases were thrown out,making it possible,though not mandatory,that one or both defendants would have to face another trial. 
E)  This simply underscores the fact that there is always the possibility that different juries might reach different results in a given situation.

Question 9

Which of the following is true about the creation of courts in England?

Accepted Answer

A)  The law courts were created in order to have broader jurisdiction than the merchant courts. 
B)  The merchant courts were created in order to have more flexibility in fashioning remedies than the chancery courts. 
C)  The equity courts were created to allow remedies that could not be granted by the law courts. 
D)  The different types of courts were created in order to handle different types of cases,but the remedies available to the different courts were the same. 
E)  Today,the Merchant Court remains a separate system of courts in England and the United States. 
A)  The law courts were created in order to have broader jurisdiction than the merchant courts. 
B)  The merchant courts were created in order to have more flexibility in fashioning remedies than the chancery courts. 
C)  The equity courts were created to allow remedies that could not be granted by the law courts. 
D)  The different types of courts were created in order to handle different types of cases,but the remedies available to the different courts were the same. 
E)  Today,the Merchant Court remains a separate system of courts in England and the United States.

Question 10

The federal government has all the powers that the states have not been given by the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 11

The doctrine of stare decisis provides that each court decision is independent and should stand on its own.

Accepted Answer

A) True 
 B)False

Exam 1: Legal Heritage and the Information Age

The concept of flexibility in the law is best illustrated by:

In the United States,what is the supreme law of the land?

Someone who believes that law is a reflection of those in power believes in which school of jurisprudential thought?

Proponents of the Critical Legal Studies School of jurisprudence argue for great subjectivity in decisions made by judges.

Codes consist of statutes that have been organized by topic.

The law in the United States has been influenced by English,French,and Spanish law.

According to the analytical school of thought,the law is formed by logic.

What was the U.S.Supreme Court's reaction to a case in which a business executive was found guilty of aiding and abetting in the bribery of an Internal Revenue Service agent even though the Internal Revenue Service agent had been found not guilty of the bribery in a separate trial?

Which of the following is true about the creation of courts in England?

The federal government has all the powers that the states have not been given by the U.S.Constitution.

The doctrine of stare decisis provides that each court decision is independent and should stand on its own.

Court Systems and Jurisdiction

Judicial, Alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Strict Liability and Product Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

Real Property

Landlord Tenant Law and Land Use Regulation

Insurance

Accountants' Liability

Wills, Trusts, and Elder Law

Family Law

International and World Trade Law

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