Study sets, textbooks, questions
Upgrade to remove ads
Chapter 1 business law
Terms in this set (78)
American jurists and Supreme Court Justices Oliver Wendell Holmes and Benjamin Cardozo 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."
The common law system is used in most of Europe, Scotland, and Latin America.
The primary function of the law is to maintain stability in the social, political, and economic system while simultaneously permitting change.
Substantive law creates legal rights and duties.
The Constitution provides that federal statutes are paramount to state constitutions and statutes.
The burden of proof in a criminal case is preponderance of the evidence.
The law does not change; it is based on unchanging and universal truths.
The main categories of the law are (a) substantive and procedural, (b) public and private, and (c) civil and criminal.
Law is an instrument of social control.
Under the civil law system, adversaries initiate and conduct litigation.
A judge deciding a common law case must, for guidance, look to similar cases previously decided.
The United States Constitution establishes the principle of judicial review, which divides the government into three distinct and independent branches: the judicial, executive, and legislative (Congress).
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.
A constitution restricts the powers of the government and specifies the rights and liberties of the people.
The Uniform Commercial Code is a federal law that applies to commercial transactions among the states.
Laws passed by Congress are the supreme law of the land in the United States and take precedence over the United States Constitution.
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.
The common law system of law uses the inquisitorial system of determining disputes.
Rodriguez and Compton asked a court for reformation of their contract based on a mutual mistake. They seek an equitable remedy.
The principle of stare decisis gives stability to our system of jurisprudence.
Once a court has decided a case, the principle of stare decisis precludes correction of erroneous decisions.
Civil law systems, as found in the State of Louisiana and countries such as Scotland, depend on comprehensive legislative enactments.
The business law topics of contracts, agency, property, and trusts are governed primarily by the common law.
Administrative agencies create more legal rules and decide more controversies than all the legislatures and courts combined.
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.
In the United States, treaties are not subject to judicial review.
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.
All laws are related to morals, but some moral precepts are not enforced by legal sanctions.
Business law is primarily public law.
Decisions of courts of appeal are published in volumes known as "reports" or "reporters."
The terms "law" and "justice" are interchangeable.
A crime is:
any act prohibited by the government or an omission of an act required by public law and made punishable by the government in a judicial proceeding brought by it
What is the supreme law of the land in the United States?
The U.S. Constitution
Which of the following is a remedy that can be obtained from a court of equity?
Which of the following terms correctly describes the law?
Pervasive & Permissive, in some instances
Which one of the following is NOT true of a suit brought under criminal law?
Proof of guilt must be "by preponderance of the evidence"
Sources of federal law include all but which of the following?
Hearings before the Senate.
If conflicts exist, which of the following sources of law would be paramount?
A federal administrative rule
The separation of powers involves:
All of the above (federal judiciary, congress, executive branch)
Glenna has been charged with arson of a storage building. The prosecutor must prove Glenna's guilt:
beyond a reasonable doubt
The President of the United States has the authority to issue laws, which are called:
An example of private law is:
All of the above (business, administrative, criminal)
The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies. This is called:
All of the above (judge-made, case, common)
The decision of an equity court is called a(n):
The branch of public law that deals with the various regulatory functions and activities of agencies of the government is:
The common law system is used in:
Australia and England
- restrict powers of government
- specifically enumerates certain liberties of the people
- establishes governmental structure
The person who files or commences a civil lawsuit is the:
Because of the increasing complexity of the social, economic, and industrial life of the nation, the scope of __________ has expanded enormously.
A court order requiring that a person do or refrain from doing a particular act is known as a(n):
The three distinct and independent branches of the United States government are:
the federal judiciary, the Congress, and the executive branch.
Which of the following is a true statement?
Both a and b
The __________ are orderly compilations of the general common law of the United States, prepared by a distinguished group of lawyers, judges, and law teachers.
Restatements of law
The sources of law in the American legal system include:
state administrative orders and ordinances
In which of the following ways does a state constitution differ from the U.S. Constitution?
A state constitution can guarantee rights beyond those provided in the U.S. Constitution.
Which of the following is/are characteristic(s) of a common law legal system?
A common law system relies heavily on the adversary method for handling disputes.
The source of law best suited to making drastic or comprehensive change is:
Which of the following is NOT considered to be an equitable remedy?
The National Conference of Commissioners on Uniform State Laws:
has drafted over 200 uniform laws
In reading the title of a case, Smith v. Jones:
it is not always possible to determine from the case title which party is the plaintiff.
Characteristics of a common law system include which of the following?
A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.
The doctrine of stare decisis means that:
courts adhere to and rely on rules of law that they or superior courts relied on in similar decisions.
Which of the following is correct with regard to treaties in the United States legal system?
Under the U.S. Constitution, they must be signed by the President and approved by the U.S. Senate
Which of the following is correct regarding the decisions of state trial courts?
They are generally not reported.
The category of law that creates, defines, and regulates legal rights and obligations is known as:
Which of the following is correct regarding the English courts of equity?
Both and c are correct
The party who files an appeal is the:
The __________ is composed of a distinguished group of lawyers, judges, and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States."
American law institute
A decision of an appeals court in Minnesota would be recorded in the:
North Western regional reporter
Which of the following is not ordinarily a part of a reported opinion?
The names of the attorneys representing the parties.
In a civil case the plaintiff must prove its case
by a preponderance of the evidence
Which of the following is a function of law?
All of the above (resolving disputes between individuals, protecting property, protecting people)
Which of the following is NOT based on law?
The purpose of public law is to
protect the public
Which of the following states do not follow the common law?
In a common law system, courts follow the decisions of higher courts based on the principle of
The person who brings a civil suit is the
What type of legal system is based on comprehensive statutory laws?
Sets found in the same folder
BUS 3305 Practice Q Ch. 1, 30/33, 3, 4
BLAW test 3
BLAW Exam 2 Study Questions
BLAW Test 3 Agee Baylor
Sets with similar terms
BLAW Chapter 1
BLAW Chapter 1
Worksheet 1.2: The Common Law Tradition and Classi…
Other sets by this creator
Wiley Plus CH14,15,16
ACCT 3200 MC CH.6
ACCT 3200 MC CH. 5
AIS Final Exam - MS Dynamics
Other Quizlet sets
LEGAL EXAM 2016
BUL3310 Exam 1
AP Gove chp 10+6
One difference between large, publicly, help corporations and closely held corporations is that more of the shares of closely held corporations are held by institutional investors.
David is a surety for Stacy on a debt that is owed to Fred. Stacy now refuses to pay the debt.
An innocent party can rescind a fraudulent contract and be restored to his or her original position.
In Restful Motel's suit against Sleepy Hotels, Inc., Restful serves a written request for Sleepy to admit the truth of matters relating to the trial. Sleepy's admission in response is the equivalent of