Business Law Homework Chapter 1

The most important primary source of our law is:

The U.S. Constitution.

State constitutions are a primary source of law.

True

Any law based on a constitution is called

Constitutional law.

The U.S. Constitution is

Supreme

Hector believes that a law under which he was convicted for a crime violates the Constitution. If ultimately the Supreme Court agrees with him, that law will be declared

unconstitutional.

A second primary source of law involves the U.S.

Congress and state and local legislature.

The U.S. Congress passes federal statutes. They do not apply to all states.

False

The uniform law adopted by all states that facilitates commerce.

Uniform Commercial Code

Administrative agencies are created to:

Perform specific government functions.

The Federal Trade Commission is an example of a

Independent regulatory agency.

Case law is based on the decisions made by those who run administrative agencies.

False

Case law is derived from judges’ decisions for actual cases.

True

Remedies involve specific performance.

…

Part of the common law tradition relies on the doctrine of

stare decisis.

The Latin phrase for the correct answer in the previous question means:

to stand on decided cases.

One of the important functions of law is to provide

stability and predictability.

A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.

True

A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include which of the following:

Opinions from trusted papers.

Select the order for the following words to form the basic steps in legal reasoning:

Issue, Rule, Application and Conclusion.

Generally speaking, the Restatements of Law:

summarize the common law rules followed by most states.

Li Ang is researching new state inheritance laws. She will NOT bother to investigate which of the following:

Restatements of Law.

One way to divide law is into:

constitutional and Substantive law.

Civil law, as opposed to criminal law, can best be described as:

the law that governs relations between persons.

Which of the following laws CANNOT be at issue in criminal law?

A law against not performing an employment agreement.

When Congress passes a law, you can find it in which publication?

United States Statute at Large.

In the field of legal research, a "citation" is:

a reference to a publication in which a legal authority can be found.

The parties to lawsuits are the plaintiff and the defendant. Plaintiffs must always be individual persons.

False

The party who appeals a lower court’s decision.

Appellant

Whenever a court’s opinion is not unanimous, but most of the judges agree with it, is it called a:

Majority opinion.

In a particular case, Judge Angle does not agree at all with the other judges’ opinions. Which of the following type of opinion will he write?

Dissenting opinion

Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of:

Administrative law.

The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as:

statutory law.

Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of:

stare decisis.

All of the cases that have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as:

the common law.

Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah’s remedy will most likely be in the form of:

damages.

A case comes before a Wisconsin state trial court on the subject of free speech on the Internet. It is a case of first impression, meaning that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to consider:

equitable maxims.

Tyler believes that some laws passed by his state’s legislature are bad, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people and that it is above all other laws. Tyler subscribes to what school of jurisprudential thought?

The natural law school.

Elaine is involved in a car accident where the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law?

Substantive law.

Most appellate court judges write opinions in which they give the reasons for their decisions. These opinions are collected and published in volumes of books known as:

Reporters.

Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the:

Appellant