Exam 1: Legal and Constitutional Foundations of Business
Constitutional law includes only the U.S. Constitution.
False
In most states, the courts no longer grant "equitable" remedies.
False
In a dispute between Digital Hardware Corporation and Software Engineering Associates, Inc., the court applies the doctrine of stare decisis. What is this doctrine? What does this doctrine have to do with the American legal system?
In a common law legal system, past judicial decisions are binding in current disputes with similar facts. This feature of the common law, which is the basis of the American legal system, is unique because, unlike the law in other legal systems, it is judge made law. Within the common law system, when possible, judges attempt to be consistent and to base their decisions on the principles suggested by earlier cases. The body of principles and doctrines that form the common law emerged over time as judges applied the principles announced in earlier cases to subsequent legal controversies. The practice of deciding cases with reference to former decisions, or precedents-the cornerstone of the American legal system-is called the doctrine of stare decisis. Under this doctrine, judges are obligated to follow the precedents established within their jurisdictions. This helps courts to be more efficient, and makes the law more stable and predictable.
Law consists of enforceable rules governing relationships among individuals and between individuals and their society.
The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute
A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,
In a common law system, judges generally follow stare decisis unless there is a compelling reason to overturn a precedent.
Common law is a term for the laws that are familiar to most of us.
The United Energy Resources Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include fossil fuel companies. Under the Constitution, Congress
The Bill of Rights protects individuals against various types of conduct by the federal government.
The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. All other powers are expressly reserved to
The Constitution expressly delegated to the states the power to regulate interstate commerce.
Under the supremacy clause, a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject.
Administrative law is a source of American law that is comprised of statutes.
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