Question 1

Which of the following was an issue the court considered in the Advance Dental Care,Inc.v.SunTrust Bank case in the text?

Accepted Answer

A) Whether the statute involved offered a sufficient remedy to replace the common law rule. 
B) Whether the statute was ambiguous. 
C) Whether the plaintiff pleaded sufficient facts to recover under the common law rule. 
D) Whether the plaintiff pleaded sufficient facts to recover under the statute. 
A) Whether the statute involved offered a sufficient remedy to replace the common law rule. 
B) Whether the statute was ambiguous. 
C) Whether the plaintiff pleaded sufficient facts to recover under the common law rule. 
D) Whether the plaintiff pleaded sufficient facts to recover under the statute.

Question 2

The critical legal studies movement regards law as the product of political calculation and longstanding class biases on the part of lawmakers.

Accepted Answer

A) True 
 B)False

Question 3

What is a statute?

Accepted Answer

A) Laws made and applied by judges 
B) Laws made by Congress or a state legislature 
C) Laws made by administrative agencies 
D) Laws made by the federal judiciary 
A) Laws made and applied by judges 
B) Laws made by Congress or a state legislature 
C) Laws made by administrative agencies 
D) Laws made by the federal judiciary

Question 4

What is the main argument for avoiding a statute's plain meaning or legislative history and instead following a prior interpretation in a case?

Accepted Answer

A) Plain meaning is subject to debate 
B) Promoting stability and certainty 
C) Legislative history can be contentious 
D) Saving the court's valuable time 
A) Plain meaning is subject to debate 
B) Promoting stability and certainty 
C) Legislative history can be contentious 
D) Saving the court's valuable time

Question 5

Common law exists only at the state level and only state courts can apply it.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following was the court's holding in the Coomer v.Kansas City Royals Baseball Corp.case in the text?

Accepted Answer

A) The risk of injury from the hotdog toss was not one of the risks inherent in watching the baseball game and the defendants owed the plaintiff a duty to use reasonable care. 
B) The risk of injury from the hotdog toss was foreseeable and the defendants were not liable. 
C) Risk,if any,could not be eliminated so the defendants were not liable. 
D) The plaintiff assumed the risk when he was hit with a hotdog. 
A) The risk of injury from the hotdog toss was not one of the risks inherent in watching the baseball game and the defendants owed the plaintiff a duty to use reasonable care. 
B) The risk of injury from the hotdog toss was foreseeable and the defendants were not liable. 
C) Risk,if any,could not be eliminated so the defendants were not liable. 
D) The plaintiff assumed the risk when he was hit with a hotdog.

Question 7

The same behavior will sometimes violate both civil law and criminal law,and in such a case,a person may be held both civilly and criminally liable for the same act.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following covers the rules of contract,property,and agency?

Accepted Answer

A) Procedural law 
B) Private law 
C) Criminal law 
D) Ordinances 
A) Procedural law 
B) Private law 
C) Criminal law 
D) Ordinances

Question 9

A distinction between cases is considered valid if it involves:

Accepted Answer

A) a widely accepted ethical or policy reason. 
B) supporting legislative history. 
C) reasoning from the Restatements. 
D) a clear and obvious conclusion. 
A) a widely accepted ethical or policy reason. 
B) supporting legislative history. 
C) reasoning from the Restatements. 
D) a clear and obvious conclusion.

Question 10

Though a natural law defense is not recognized in court,judges may take natural law-oriented views into account when interpreting the law.

Accepted Answer

A) True 
 B)False

Exam 1: The Nature of Law

Which of the following was an issue the court considered in the Advance Dental Care,Inc.v.SunTrust Bank case in the text?

The critical legal studies movement regards law as the product of political calculation and longstanding class biases on the part of lawmakers.

What is a statute?

What is the main argument for avoiding a statute's plain meaning or legislative history and instead following a prior interpretation in a case?

Common law exists only at the state level and only state courts can apply it.

Which of the following was the court's holding in the Coomer v.Kansas City Royals Baseball Corp.case in the text?

The same behavior will sometimes violate both civil law and criminal law,and in such a case,a person may be held both civilly and criminally liable for the same act.

Which of the following covers the rules of contract,property,and agency?

A distinction between cases is considered valid if it involves:

Though a natural law defense is not recognized in court,judges may take natural law-oriented views into account when interpreting the 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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