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Auburn ACCT 2700 Chapter 1
Terms in this set (58)
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:
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:
The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act:
becomes the law in every state that adopts the uniform act through legislative action
Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings which are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of:
All of the cases which 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:
A case on the subject of free speech on the Internet comes before a Wisconsin state trial court. It is a case of first impression, which means that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would be considered the least proper for the judge to consider:
survey data from the local community
Tyler believes that some laws passed by his state's legislature are improper, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people. Which school of jurisprudential thought does Tyler subscribe to?
the natural law school
Elaine is involved in a car accident in which 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?
Cyberlaw consists of:
traditional legal principles that have changed because of technology
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:
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:
The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called:
When a judge uses legal encyclopedias, law review articles, and Restatements to guide a decision, that judge is using:
secondary sources of law
If a plaintiff waited to bring a lawsuit for several years, and in those years witnesses died and evidence was lost or destroyed, one equitable defense that the defendant may have is called:
One primary source of American law in:
The U.S. Constitution
T/F State constitutions are a primary source of law.
Law based on documents setting forth the general organization, powers, and limits of the government is called
Of the U.S. laws, including state laws, the U.S. Constitution is
the supreme law of the land
If the U.S. Supreme Court determines that a state criminal law violates a provision of the Fourth Amendment to the U.S. Constitution, that law will be declared
Statutes, which are primary sources of law, come from the U.S. _____________ and state and local ________________.
T/F The U.S. Congress passes federal statutes which do not apply to states, but only to the federal government.
The __________ is a uniform law adopted by all states that facilitates business transactions.
Uniform Commercial Code
Administrative agencies are created to:
perform specific government functions delegated to them by the legislature
The Federal Trade Commission is an example of:
an independent regulatory agency
T/F Case law is based on the decisions made by those who run administrative agencies.
T/F Case law is derived from judges' decisions for actual cases.
laws enacted by federal, state, and local legislative bodies
the law as stated by judges in their court opinions.
the rules, orders, and decisions of federal, state, or local government administrative agencies
the law expressed in the U.S. Constitution and state constitutions
T/FIn the English system, upon which the American system is based, "remedies at law" consisted of any action or order that would correct the wrong.
Remedies ______________ include specific performance.
T/FA precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles and facts.
Part of common law tradition relies on the doctrine of ____________________.
The Latin term stare decisive means:
to stand on decided cases
A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include
opinions from trusted newspapers
United States Supreme Court opinions are ____________________ until they are overruled by the Supreme Court or Congress.
What are 3 types of persuasive authority which judges may use in cases of first impression?
1. nonbonding precedents form other jurisdictions
2. public policy issues
3. unpublished opinions
Order (1-4) the following words to form the basic steps in legal reasoning: Conclusion, Rule, Issue, Application
Generally speaking, the Restatements of Law:
summarize the common law rules followed by most states
universal law applies to all human beings
there is no law higher than the laws created by the government
customary practices and the circumstances surrounding the transaction guide us in shaping the decision
doctrines that have withstood the passage of time help guide us in shaping present laws
Law can be divided into which two categories?
procedural law, 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 CANNOT be at issue in criminal law?
a law against not performing an employment agreement
T/F Cyberlaw is a new type of law.
false- discusses both new laws and modifications of traditional laws that relate to the online environment.
T/F Laws and government regulations affect almost all business activities.
T/F Many different laws may affect a single business transaction.
T/F The stability and predictability of the law are essential to business activities
T/F Courts do NOT depart from precedents.
T/F The term common law refers to law that is common throughout the world.
Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Kevin to find previously decided cases that, in relation to the case under consideration, are
as similar as possible
In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent
is incorrect or inapplicable
Reba is a state court judge. In her court, legal and equitable remedies have merged. In these circumstances, distinguishing between these types of remedies is
important so that the proper remedy can be requested
Erin believes that a higher, or universal, law exists that applies to all human beings. Erin asserts that each written law should reflect the principles inherent in this higher law. Erin
adheres to the natural law tradition
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