Test bank for essentials of business law and the legal environment 12th edition by mann

TEST BANK FOR ESSENTIALS OF BUSINESS LAW AND THE LEGAL ENVIRONMENT 12TH EDITION BY
MANN

1. William Blackstone, an English jurist, defined law as “a rule of civil conduct prescribed by the supreme power in a
state, commanding what is right, and prohibiting what is wrong.”
aT
.
bF
.
ANSWER:
POINTS:
DIFFICULTY:
LEARNING OBJECTIVES:
NATIONAL STANDARDS:
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2. The common law system is used in most of Europe, Scotland, and Latin America.
aT
.
bF
.
ANSWER:
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3. The primary function of the law is to maintain stability in the social, political, and economic system while

simultaneously permitting change.
aT
.
bF
.
ANSWER:
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4. Substantive law creates, defines, and regulates legal rights and duties.
aT
.
bF
.
ANSWER:
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5. The Constitution provides that federal statutes are paramount to state constitutions and statutes.
aT

.
bF
.
ANSWER:
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6. The burden of proof in a criminal case is preponderance of the evidence.
aT
.
bF
.
ANSWER:
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7. The law does not change; it is based on unchanging and universal truths.
aT
.
bF

.
ANSWER:
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8. The main categories of the law are (a) substantive and procedural, (b) public and private, and (c) civil and criminal.
aT
.
bF
.
ANSWER:
POINTS:
DIFFICULTY:
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9. Law is an instrument of social control.
aT
.
bF
.
ANSWER:
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DIFFICULTY:

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10. Under the civil law system, adversaries initiate and conduct litigation.
aT
.
bF
.
ANSWER:
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11. A judge deciding a common law case must look for guidance to similar cases previously decided by that court or
superior courts.
aT
.
bF
.
ANSWER:
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12. The United States Constitution establishes the principle of judicial review, which divides the government into three
distinct and independent branches: judicial, executive, and legislative.
aT
.
bF
.
ANSWER:
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13. Since the end of the nineteenth century, case law developed from court opinions has been the primary source of new
law and ordered social change in the United States.
aT
.
bF
.
ANSWER:
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14. A constitution restricts the powers of the government and specifies the rights and liberties of the people.
aT
.
bF
.
ANSWER:
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15. The Uniform Commercial Code is a federal law that applies to commercial transactions among the states.
aT
.
bF
.
ANSWER:
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16. Laws passed by Congress are the supreme law of the land in the United States and take precedence over other sources
of law.
aT
.
bF
.
ANSWER:
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17. The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme
Court of the United States.
aT
.
bF
.
ANSWER:
POINTS:
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18. The common law system of law uses the inquisitorial system of determining disputes.
aT
.
bF
.
ANSWER:
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19. Rodriguez and Compton asked a court for reformation of their contract based on a mutual mistake. They seek an
equitable remedy.
aT
.
bF
.
ANSWER:
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20. The principle of stare decisis gives stability to our system of jurisprudence.

aT
.
bF
.
ANSWER:
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21. Once a court has decided a case, the principle of stare decisis precludes correction of erroneous decisions.
aT
.
bF
.
ANSWER:
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22. Civil law systems, as found in the state of Louisiana and countries such as Scotland, depend on comprehensive
legislative enactments.
aT

.
bF
.
ANSWER:
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23. The business law topics of contracts, agency, property, and trusts are governed primarily by the common law.
aT
.
bF
.
ANSWER:
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24. One important source of law in the United States is the Restatement of law.
aT
.
bF
.
ANSWER:

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25. Assume the state of Minnesota has been negotiating with the Canadian government on issues involving acid rain and
eventually reaches an agreement with Canadian officials. This is a valid treaty under the United States Constitution.
aT
.
bF
.
ANSWER:
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26. In the United States, treaties are not subject to judicial review.
aT
.
bF
.
ANSWER:
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27. Tate brings an action against Marsheen for damages from trespass to Tate’s property. Tate must prove the case by a
preponderance of the evidence.
aT
.
bF
.
ANSWER:
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28. All laws are related to morals, but some moral precepts are not enforced by legal sanctions.
aT
.
bF
.
ANSWER:
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29. Business law is primarily public law.
aT
.
bF
.
ANSWER:
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30. Decisions of courts of appeals are published in volumes known as "reports" or "reporters."
aT
.
bF
.
ANSWER:
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KEYWORDS:


31. The terms "law" and "justice" are interchangeable.
aT
.
bF
.
ANSWER:
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Multiple Choice
32. A crime is:
a
.
ba
.
cl
.
dw
.
ANSWER:
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33. What is the supreme law of the land in the United States?
aF
.
bT
.
cC
.
dT
.
ANSWER:
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34. Which of the following is not descriptive of the law?
aI
.
bI
.
cI
.
dI

.
ANSWER:
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35. The courts are likely to provide remedies in all but which of the following cases?
aA
.
bA
.
cA
.
dA
.
ANSWER:
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36. Which one of the following is NOT true of a suit brought under criminal law?
aI

.
bI
.
cP
.
dC
.
ANSWER:
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37. Sources of federal law include all but which of the following?
aR
.
bD
.
cE
.
dH
.
ANSWER:
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38. American jurists __________ and __________ defined law in a functional sense as predictions of the way that a court
will decide specific legal questions.
aR
.
bB
.
cR
.
dO
.
ANSWER:
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39. Courts of equity:
ah
.
bo
.
ci

.
dA
.
ANSWER:
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40. Glenna has been charged with arson of a storage building. The prosecutor must prove Glenna’s guilt:
ab
.
bb
.
cb
.
db
.
ANSWER:
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41. The President of the United States has the authority to issue laws, which are called:
aR
.
be
.
cC
.
dc
.
ANSWER:
POINTS:
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42. An example of private law is:
ab
.
ba
.
cc
.
dA
.
ANSWER:
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43. The courts in common law systems have developed a body of law that serves as precedent for determination of later
controversies. This is called:
aj
.
bc
.
cc
.
dA
.
ANSWER:
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44. The decision of an equity court is called a(n):
aj
.
bd
.
cs

.
di
.
ANSWER:
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45. The branch of public law that deals with the various regulatory functions and activities of agencies of the government
is:
ac
.
ba
.
cC
.
ds
.
ANSWER:
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KEYWORDS:
46. The common law system is used in:
aA
.
bL
.
cE
.
dB
.
ANSWER:
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47. A constitution:
ar
.
bs
.
ce
.
dA
.
ANSWER:

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48. The person who files or commences a civil lawsuit is the:
ap
.
bd
.
cp
.
da
.
ANSWER:
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49. Because of the increasing complexity of the social, economic, and industrial life of the nation, the scope of
__________ has expanded enormously.
ac
.

ba
.
cp
.
de
.
ANSWER:
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50. A court order requiring that a person do or refrain from doing a particular act is known as a(n):
ai
.
bm
.
cs
.
de
.
ANSWER:
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51. The three distinct and independent branches of the United States government are:
at
.
bt
.
ct
.
dt
.
ANSWER:
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52. Which of the following is a true statement?
aA
.
bA
.
cB
.
dN
.
ANSWER:

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53. The __________ is an orderly compilation of the general common law of the United States, prepared by a
distinguished group of lawyers, judges, and law teachers.
as
.
bU
.
cM
.
dR
.
ANSWER:
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54. The sources of law in the American legal system include:
as
.

be
.
co
.
dA
.
ANSWER:
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55. In which of the following ways does a state constitution differ from the U.S. Constitution?
aS
.
bA
.
cA
.
dS
.
ANSWER:
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56. Tim signs a contract to sell 500 wood pallets for a specified price to Schirmer Industries to be delivered by September
1. In this case:
aT
.
bS
.
cT
.
dA
.
ANSWER:
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57. The source of law best suited to making drastic or comprehensive change is:
ac
.
bt
.
cs
.

ds
.
ANSWER:
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58. Which of the following is NOT considered to be an equitable remedy?
aS
.
bI
.
cR
.
dM
.
ANSWER:
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59. The National Conference of Commissioners on Uniform State Laws:

aw
.
bi
.
ch
.
dh
.
ANSWER:
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60. In reading the title of a case, Smith v. Jones:
aS
.
bJ
.
ct
.
di
.
ANSWER:
POINTS:
DIFFICULTY:
LEARNING OBJECTIVES:
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STATE STANDARDS:
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