Question 1

A constitution is a primary source of law.

Accepted Answer

A) True 
 B)False

Question 2

In deciding a case of first impression, appropriate sources for a court to consider include all of the following except

Accepted Answer

A) legal authorities that are not binding on the court. 
B) issues of fairness. 
C) government policy based on widely held social values. 
D) a poll of those present in the courtroom at the time of the decision. 
A) legal authorities that are not binding on the court. 
B) issues of fairness. 
C) government policy based on widely held social values. 
D) a poll of those present in the courtroom at the time of the decision.

Question 3

An injunction is

Accepted Answer

A) an order to do or to refrain from doing a certain act. 
B) a departure from precedent. 
C) a payment of money. 
D) the cancellation of a contract. 
A) an order to do or to refrain from doing a certain act. 
B) a departure from precedent. 
C) a payment of money. 
D) the cancellation of a contract.

Question 4

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is

Accepted Answer

A) the case of first impression. 
B) the persuasive authority. 
C) the plaintiff. 
D) the defendant. 
A) the case of first impression. 
B) the persuasive authority. 
C) the plaintiff. 
D) the defendant.

Question 5

Primary sources of law include

Accepted Answer

A) legal encyclopedias. 
B) official comments to statutes. 
C) case law. 
D) legal treatises. 
A) legal encyclopedias. 
B) official comments to statutes. 
C) case law. 
D) legal treatises.

Question 6

The Florida legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

Accepted Answer

A) no one. 
B) the federal government only. 
C) the state of Florida only. 
D) the United States Supreme Court only. 
A) no one. 
B) the federal government only. 
C) the state of Florida only. 
D) the United States Supreme Court only.

Question 7

Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state.

Accepted Answer

A) True 
 B)False

Question 8

The basis of all law in the United States is

Accepted Answer

A) the U.S. Constitution. 
B) laws passed by Congress. 
C) case law. 
D) regulations created by administrative agencies. 
A) the U.S. Constitution. 
B) laws passed by Congress. 
C) case law. 
D) regulations created by administrative agencies.

Question 9

Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific area of the law.

Accepted Answer

A) True 
 B)False

Question 10

What is the doctrine of stare decisis ? In the American legal system, how is it applied, and what is its effect?

Accepted Answer

In a common law legal system, past judic

Question 11

Regulations issued by a state or local agency may affect all of the following aspects of a business's operations except

Accepted Answer

A) capital structure and financing. 
B) product manufacturing and marketing. 
C) relations with employees and unions. 
D) compliance with conflicting federal agency regulations. 
A) capital structure and financing. 
B) product manufacturing and marketing. 
C) relations with employees and unions. 
D) compliance with conflicting federal agency regulations.

Question 12

In Peyton v. Quality Motors , a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Rikki v. Street Deals, Inc., a case with similar facts. Under the doctrine of stare decisis , the trial court is likely to

Accepted Answer

A) allow the minor to cancel the contract. 
B) disregard the Peyton case. 
C) order the minor to cancel the contract. 
D) require the minor to fulfill the contract. 
A) allow the minor to cancel the contract. 
B) disregard the Peyton case. 
C) order the minor to cancel the contract. 
D) require the minor to fulfill the contract.

Question 13

Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders.

Accepted Answer

A) True 
 B)False

Question 14

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 157 A.D.3d 486, 69 N.Y.S.3d 26. "157" is

Accepted Answer

A) the number of the volume in the official reports of the court's decisions. 
B) the number of the volume in an unofficial report of the court's decisions. 
C) a page number in the referenced volume. 
D) the number of the case in its chronological sequence. 
A) the number of the volume in the official reports of the court's decisions. 
B) the number of the volume in an unofficial report of the court's decisions. 
C) a page number in the referenced volume. 
D) the number of the case in its chronological sequence.

Question 15

The Uniform Commercial Code facilitates commerce

Accepted Answer

A) among the states. 
B) between the states and the federal government. 
C) in countries that were once colonies of Great Britain. 
D) in international markets. 
A) among the states. 
B) between the states and the federal government. 
C) in countries that were once colonies of Great Britain. 
D) in international markets.

Question 16

The National Rights Council, a nonprofit organization, files a suit against the U.S. Department of Justice (DOJ), claiming that a certain federal statute the DOJ is empowered to enforce conflicts with the U.S. Constitution and with a state constitution. In each situation, which source of law has priority?

Accepted Answer

The U.S. Constitution is the supreme law

Question 17

In the case of Sales Corp. v. Transport Co. , the court may rule contrary to a precedent if the court decides that the precedent

Accepted Answer

A) is incorrect or inapplicable. 
B) is not in line with the judge's personal values. 
C) would lead to unintended consequences. 
D) would not bring about the result the judge prefers. 
A) is incorrect or inapplicable. 
B) is not in line with the judge's personal values. 
C) would lead to unintended consequences. 
D) would not bring about the result the judge prefers.

Question 18

A local ordinance commonly has to do with a matter concerning only a local governing unit.

Accepted Answer

A) True 
 B)False

Question 19

Independent regulatory agencies are not subject to the authority of the president.

Accepted Answer

A) True 
 B)False

Question 20

The means to enforce a right or compensate for the violation of a right is

Accepted Answer

A) a cornerstone. 
B) a remedy. 
C) jurisdiction. 
D) stare decisis . 
A) a cornerstone. 
B) a remedy. 
C) jurisdiction. 
D) stare decisis .

Exam 1: Law and Legal Reasoning

A constitution is a primary source of law.

In deciding a case of first impression, appropriate sources for a court to consider include all of the following except

An injunction is

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is

Primary sources of law include

The Florida legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state.

The basis of all law in the United States is

Compartmentalizing the law into discrete topics indicates that each business transaction is subject to only one specific area of the law.

What is the doctrine of stare decisis ? In the American legal system, how is it applied, and what is its effect?

Regulations issued by a state or local agency may affect all of the following aspects of a business's operations except

In Peyton v. Quality Motors , a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Rikki v. Street Deals, Inc., a case with similar facts. Under the doctrine of stare decisis , the trial court is likely to

Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders.

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 157 A.D.3d 486, 69 N.Y.S.3d 26. "157" is

The Uniform Commercial Code facilitates commerce

In the case of Sales Corp. v. Transport Co. , the court may rule contrary to a precedent if the court decides that the precedent

A local ordinance commonly has to do with a matter concerning only a local governing unit.

Independent regulatory agencies are not subject to the authority of the president.

The means to enforce a right or compensate for the violation of a right is

Business and the Constitution

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