Question 1

What is the goal of uniform acts?

Accepted Answer

A) To demonstrate a logical approach on how to reconcile conflicting laws 
B) To explain why current laws are illogical 
C) To provide reference materials to aid decision makers 
D) To produce state-by-state uniformity 
A) To demonstrate a logical approach on how to reconcile conflicting laws 
B) To explain why current laws are illogical 
C) To provide reference materials to aid decision makers 
D) To produce state-by-state uniformity

Question 2

Which of the following remedies is described as a court order for a party to perform according to the terms of the parties' contract?

Accepted Answer

A) Injunction 
B) Specific performance 
C) Reformation 
D) Rescission 
A) Injunction 
B) Specific performance 
C) Reformation 
D) Rescission

Question 3

Which of the following is applied in a lawsuit between two private parties?

Accepted Answer

A) Criminal law 
B) Civil law 
C) Procedural law 
D) Public law 
A) Criminal law 
B) Civil law 
C) Procedural law 
D) Public law

Question 4

What are legal rules in prior cases called?

Accepted Answer

A) Statutes 
B) Precedents 
C) First impressions 
D) Uniform laws 
A) Statutes 
B) Precedents 
C) First impressions 
D) Uniform laws

Question 5

Which of the following is false about the power of courts?

Accepted Answer

A) Courts are not absolutely bound to favor one technique of statutory interpretation over another. 
B) Courts can distinguish prior decisions in common law cases. 
C) State supreme courts can overrule their own prior decisions. 
D) Courts can make or interpret law in the absence of a case. 
A) Courts are not absolutely bound to favor one technique of statutory interpretation over another. 
B) Courts can distinguish prior decisions in common law cases. 
C) State supreme courts can overrule their own prior decisions. 
D) Courts can make or interpret law in the absence of a case.

Question 6

The power of executive orders normally derives from a(n):

Accepted Answer

A) legislative delegation. 
B) federal court. 
C) injunction. 
D) restatement. 
A) legislative delegation. 
B) federal court. 
C) injunction. 
D) restatement.

Question 7

The doctrine of standing to sue requires that,in order to be able to mount a civil suit,a plaintiff must have some direct and substantial stake in the outcome of the suit.

Accepted Answer

A) True 
 B)False

Question 8

One weakness of the instrumentalist attitude:

Accepted Answer

A) is its legal instability and uncertainty. 
B) is its unwillingness to adapt the law to further social good. 
C) is that it often conflicts with ethics. 
D) is its constant evolution. 
A) is its legal instability and uncertainty. 
B) is its unwillingness to adapt the law to further social good. 
C) is that it often conflicts with ethics. 
D) is its constant evolution.

Question 9

A reformation occurs when a court rewrites the parties' contract terms to reflect the parties' real intentions.

Accepted Answer

A) True 
 B)False

Question 10

When a court identifies a meaningful difference between a present and past case,it ________ the earlier decision.

Accepted Answer

A) interprets 
B) implements 
C) prioritizes 
D) distinguishes 
A) interprets 
B) implements 
C) prioritizes 
D) distinguishes

Question 11

Which of the following is the most important type of equitable remedy provided by the equity courts?

Accepted Answer

A) Injunction 
B) Specific performance remedy 
C) Reformation 
D) Rescission 
A) Injunction 
B) Specific performance remedy 
C) Reformation 
D) Rescission

Question 12

Which of the following is not a function of the law discussed in the text?

Accepted Answer

A) Peacekeeping 
B) Protecting the environment 
C) Checking government power and promoting personal freedom 
D) Promoting societal norms 
A) Peacekeeping 
B) Protecting the environment 
C) Checking government power and promoting personal freedom 
D) Promoting societal norms

Question 13

Which of the following is a characteristic of legal realists?

Accepted Answer

A) They define law as that which is codified in the books. 
B) They believe in the use of discretionary standards. 
C) They believe that the rules in the books-really affect people's lives. 
D) They believe that "law is law,just or not." 
A) They define law as that which is codified in the books. 
B) They believe in the use of discretionary standards. 
C) They believe that the rules in the books-really affect people's lives. 
D) They believe that "law is law,just or not."

Question 14

Which of the following was not a consideration when the U.S.Supreme Court decided the case in the text Olympic Airways v.Husain?

Accepted Answer

A) The definition of "accident" in the Court's earlier precedent 
B) The language of the Warsaw Convention 
C) Public policy 
D) Legislative history 
A) The definition of "accident" in the Court's earlier precedent 
B) The language of the Warsaw Convention 
C) Public policy 
D) Legislative history

Question 15

The House of Representatives and the Senate in the U.S.Congress is an example of a bicameral legislature.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following was the conclusion in the Price v.High Pointe Oil Company,Inc.case in the text?

Accepted Answer

A) The longstanding common law rule applied and declined to extend the rule in the plaintiff's circumstances. 
B) The unambiguous language of the statute prevailed. 
C) The court declined to assume the role of the legislature. 
D) The court created a new rule and the plaintiff prevailed. 
A) The longstanding common law rule applied and declined to extend the rule in the plaintiff's circumstances. 
B) The unambiguous language of the statute prevailed. 
C) The court declined to assume the role of the legislature. 
D) The court created a new rule and the plaintiff prevailed.

Question 17

Which of the following is not required for a plaintiff to demonstrate standing to sue?

Accepted Answer

A) Direct stake 
B) Tangible stake 
C) Monetary stake 
D) Substantial stake 
A) Direct stake 
B) Tangible stake 
C) Monetary stake 
D) Substantial stake

Question 18

Although not binding,the Restatements are persuasive and stimulate changes in the common law by suggesting new rules that courts later decide to follow.

Accepted Answer

A) True 
 B)False

Question 19

In the O'Connor v.Oakhurst Dairy case in the text,what was the largest deciding factor in determining whether the defendant might be liable for millions of dollars in unpaid overtime wages?

Accepted Answer

A) Unambiguous language 
B) Legislative history 
C) Use of the word "and" 
D) A "missing" comma 
A) Unambiguous language 
B) Legislative history 
C) Use of the word "and" 
D) A "missing" comma

Question 20

The law and economics movement has influenced judicial opinions in what area of law?

Accepted Answer

A) Antitrust law 
B) Criminal statutes 
C) Discrimination policies 
D) Education 
A) Antitrust law 
B) Criminal statutes 
C) Discrimination policies 
D) Education

Exam 1: The Nature of Law

What is the goal of uniform acts?

Which of the following remedies is described as a court order for a party to perform according to the terms of the parties' contract?

Which of the following is applied in a lawsuit between two private parties?

What are legal rules in prior cases called?

Which of the following is false about the power of courts?

The power of executive orders normally derives from a(n):

The doctrine of standing to sue requires that,in order to be able to mount a civil suit,a plaintiff must have some direct and substantial stake in the outcome of the suit.

One weakness of the instrumentalist attitude:

A reformation occurs when a court rewrites the parties' contract terms to reflect the parties' real intentions.

When a court identifies a meaningful difference between a present and past case,it ________ the earlier decision.

Which of the following is the most important type of equitable remedy provided by the equity courts?

Which of the following is not a function of the law discussed in the text?

Which of the following is a characteristic of legal realists?

Which of the following was not a consideration when the U.S.Supreme Court decided the case in the text Olympic Airways v.Husain?

The House of Representatives and the Senate in the U.S.Congress is an example of a bicameral legislature.

Which of the following was the conclusion in the Price v.High Pointe Oil Company,Inc.case in the text?

Which of the following is not required for a plaintiff to demonstrate standing to sue?

Although not binding,the Restatements are persuasive and stimulate changes in the common law by suggesting new rules that courts later decide to follow.

In the O'Connor v.Oakhurst Dairy case in the text,what was the largest deciding factor in determining whether the defendant might be liable for millions of dollars in unpaid overtime wages?

The law and economics movement has influenced judicial opinions in what area of law?

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

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