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121. When judges use decisions from earlier legal cases for guidance in legal principles to solve current cases it is
referred to as:
a. common law
b. precedent
c. procedural law
d. statutory procedure
e. legal culture
122. When judges use decisions from earlier legal cases for guidance in legal principles to solve current cases it is
referred to as:
a. precedent
b. judicial ethics
c. procedural law
d. statutory procedure
e. legal culture
123. Precedent is when:
a. judges use ethical principles to solve current cases
b. judges ask the jury to solve current cases by following state codes
c. judges use the U.S. Constitution to solve current cases
d. judges use decisions from earlier cases for guidance in legal principles to solve cases
e. judges confer with higher ranking judges to solve current cases
124. Precedent is when:
a. judges use ethical principles to solve current cases
b. judges ask the jury to solve current cases
c. judges use the U.S. Constitution to solve current cases
d. judges confer with higher ranking judges to solve current cases
e. none of the other choices
125. Under the common law, judges usually decide cases based on:
a. personal opinion
b. decisions from previous cases
c. the U.S. Code or U.S. Code Annotated
d. the statutes of the state within which the court sits
e. executive orders
126. Under the common law, judges usually decide cases based on:
a. personal opinion
b. the U.S. Code or U.S. Code Annotated
c. the statutes of the state within which the court sits
d. executive orders
e. none of the other choices are correct
127. Case reporters are:
a. unofficial publications of case decisions
b. reporters who publish court cases in newspapers
c. official publications of case decisions
d. secret case documents not available to the public
e. none of the other choices
128. The official, public publications of case decisions are called:
a. case reporters
b. case files
c. case information
d. case ethics
e. case decisions
129. The official, public publications of case decisions are called:
a. case pronouncements
b. case files
c. case information
d. case ethics
e. none of the other choices
130. The use of legal precedent, or the use of prior decisions as guidance in disputes that occur later, is called:
a. procedural law
b. public law
c. stare decisis
d. remedy in equity
e. tort law
131. The doctrine of stare decisis can be defined as:
a. the use of prior case decisions as guidance in resolving later disputes
b. laws setting forth rules for relationships between people
c. a private or civil wrong that results in injury to another
d. decisions concerning legal wrongs or crimes committed against society
e. none of the other choices are correct
132. The doctrine of stare decisis is generally defined as:
a. the use of lex mercatoria as guidance in judicial decisions
b. laws setting forth rules for relationships between people
c. a private or civil wrong that results in injury to another
d. decisions concerning legal wrongs or crimes committed against society
e. none of the other choices are correct
133. The legal doctrine of stare decisis is generally defined as:
a. the doctrine that grants power to Congress to regulate commerce
b. the division of powers among three major branches of the federal government
c. the power of the Supreme Court to invalidate laws passed by Congress
d. the ability of the President to issue Executive Orders
e. none of the other choices are correct
134. The practice of deciding court cases by referring to earlier decisions is known as:
a. statutory decisions
b. E pluribus unum
c. Curia Regis
d. stare decisis
e. lex mercatoria
135. The practice of deciding court cases by referring to earlier decisions is known as:
a. statutory decisions
b. E pluribus unum
c. Curia Regis
d. lex mercatoria
e. none of the other choices
136. A major advantages of the use of precedent in law for businesses is that they will:
a. be able to get judges to resolve cases in favor of large businesses
b. be able to avoid harsh punishments from the use of ineffective attorneys
c. be unable to plan for future contingencies
d. be unable to enforce contracts
e. have reasonable expectations about the enforcement of agreements
137. One of the major advantages of dispute resolution through the common law is:
a. strict adherence to prior decisions, so that the law does not change
b. its ability to change with the times
c. the Congress can pass laws in accordance with the wishes of the voters
d. a state constitution specifies how laws are passed
e. none of the other choices are correct
138. One of the major advantages of dispute resolution through the common law is:
a. strict adherence to prior decisions, so that the law does not change
b. that plaintiffs incur no court costs when they win cases
c. the Congress can pass laws in accordance with the wishes of the voters
d. a state constitution specifies how laws are passed
e. none of the other choices are correct
139. The value of precedence in legal decisions under the common law is:
a. consistence in the legal system enhances the ability of persons and business to plan
b. parties will be confident that the rule will apply to future disputes that may arise
c. it helps to neutralize the prejudices of individual judges
d. the other three specific choices are correct
e. none of the other specific choices are correct
140. Stare decisis creates a more just legal system by:
a. neutralizing the prejudices of individual judges
b. preventing judges from being appointed for life
c. neutralizing the prejudices of individuals in a jury
d. all of the other specific choices are correct
e. none of the other specific choices are correct
141. In addition to judge-made common law, "law" includes:
a. state constitutions
b. statutes
c. the federal constitution
d. administrative regulations
e. all of the other choices are possible
142. In addition to judge-made common law, "law" includes:
a. state constitutions
b. statutes
c. administrative regulations
d. amendments to the Constitution
e. all of the other choices can be correct
143. In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a
completed construction project from later suing the contractor for flaws in construction that caused injury to others.
In reviewing such a case, the Washington state high court held that:
a. state statute prevented the court from changing the rule
b. common law rules cannot be changed, so it could not amend the rule
c. common law rules cannot be changed without U.S. Supreme Court approval
d. the rule had a good rationale behind it, so it would be maintained
e. none of the other choices are correct
144. In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a
completed construction project from later suing the contractor for flaws in construction that caused injury to others.
In reviewing such a case, the Washington state high court held that:
a. state statute prevented the court from changing the rule
b. common law rules cannot be changed, so it could not amend the rule
c. common law rules cannot be changed without U.S. Supreme Court approval
d. the rule had a good rationale behind it, so it would be maintained
e. the rule was not sensible in modern times and would be changed
145. In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a
completed construction project from later suing the contractor for flaws in construction that caused injury to others.
In reviewing such a case, the Washington state high court held that the rule was not sensible in modern times and
would be dropped. This is an example of how:
a. modern day values are changing
b. common law can adapt to changing circumstances
c. common law never changes
d. courts can never go against a precedent set in previous cases
e. none of the other choices
146. In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a
completed construction project from later suing the contractor for flaws in construction that caused injury to others.
In reviewing such a case, the Washington state high court held that the rule was no longer sensible in modern times
because:
a. contractors no longer sign liability release forms
b. contractors are no longer considered trustworthy people compared to in earlier years
c. construction has become complex so landowners cannot be expected to recognize substandard performance
d. contractors no longer work directly with landowners
e. contractors will do substandard work if they are not held accountable even after a project is completed
147. Executive orders are issued by:
a. Congress
b. the Supreme Court
c. the President
d. the heads of administrative agencies
e. none of the other choices are correct
148. Executive orders are issued by:
a. Congress
b. the Supreme Court
c. the Senate only
d. the other three specific choices can be correct
e. none of the three specific choices are correct
149. In addition to the legislature, the president or governor of a state is:
a. a source of law
b. a source of funding
c. a source of judicial decisions
d. a source of moral codes
e. a source of compensation for injury
150. In addition to the legislature, the president or governor of a state is:
a. a source of compensation for injury
b. a source of funding
c. a source of judicial decisions
d. a source of moral codes
e. none of the other choices
151. Executive orders:
a. require businesses to pay taxes
b. require government officials to resign
c. require private citizens to do certain things
d. require agencies to do certain things
e. none of the other choices
152. An order from the governor of a state to give preference to buying recycled products is an example of an:
a. primary order
b. executive order
c. environmental order
d. health order
e. ethical order
153. An order from the governor of a state to give preference to buying recycled products is an example of an:
a. primary order
b. ethical order
c. environmental order
d. health order
e. none of the other choices is correct
154. When operating in the international arena, American businesses must take into account:
a. U.S. federal laws
b. the laws of all countries in which they have operations
c. international treaties and trade agreements that may apply
d. the rules of the World Trade Organization
e. all of the other choices
155. When operating in global business, American firms must take into account:
a. U.S. federal laws
b. the laws of all countries in which they have operations
c. international treaties and trade agreements that may apply
d. laws in U.S. states
e. all of the other choices can be correct
156. American firms doing business in other countries:
a. are not subject to any laws other than those of the United States
b. are subject to the laws of the country in which it does business
c. are only subject to the laws of the United States, unless the other country specifically says otherwise
d. are subject to international laws, but not the laws of the country in which they operate
e. none of the other choices
157. Article II, Section 2 of the U.S. Constitution:
a. requires unanimous approval by the House of Representatives
b. requires approval by the entire Senate before a treaty, or international agreement, agreed to by the president
become binding on the U.S.
c. requires approval by two thirds of the Senate before a treaty, or international agreement, agreed to by the
president become binding on the U.S.
d. requires approval by one third of the Senate before a treaty, or international agreement, agreed to by the
president become binding on the U.S.
e. none of the other choices is correct
158. Article II, Section 2 of the U.S. Constitution:
a. requires unanimous approval by the House of Representatives
b. requires approval by the entire Senate before a treaty, or international agreement, agreed to by the president
become binding on the U.S.
c. requires approval by two fifths of the Senate before a treaty, or international agreement, agreed to by the
president become binding on the U.S.
d. requires approval by one third of the Senate before a treaty, or international agreement, agreed to by the
president become binding on the U.S.
e. none of the other choices is correct
159. According to of the U.S. Constitution, two thirds of the Senate must approve any treaty the president agrees
to before it becomes binding on the United States.
a. Article II, Section 2
b. Article III, Section 2
c. Article IV, Section 2
d. Article II, Section 3
e. Article II, Section 1
160. Law may be classified on the basis of whether it is:
a. public or private
b. civil or criminal
c. procedural or substantive
d. all of the three specific combinations can be correct
e. none of the three specific combinations are correct
161. Law may be classified on the basis of whether it is:
a. environmental or industrial
b. civil or criminal
c. written or unwritten
d. all of the three specific combinations can be correct
e. none of the three specific combinations are correct
162. Law may be classified on the basis of whether it is:
a. legal or illegal
b. common or unique
c. written or unwritten
d. all of the three specific combinations can be correct
e. none of the three specific combinations are correct
163. Private law generally includes:
a. the common law
b. the procedural process of courts
c. federal rules governing health and safety
d. criminal statutes
e. none of the other choices are correct
164. Contrasted with private law, an example of public law is:
a. real property law
b. contract law
c. tort law
d. agency law
e. none of the other choices are correct
165. Contrasted with private law, a good example of public law is:
a. agency law
b. securities regulation
c. torts
d. contract law
e. none of the other choices are correct
e. all of the other choices are private law
166. Contrasted with private law, an example of public law is:
a. agency law
b. labor law
c. torts
d. contract law
e. none of the other choices are correct
167. Contrasted with private law, an example of public law is:
a. agency law
b. antitrust law
c. torts
d. contract law
e. none of the other choices are correct
168. Contrasted with public law, an example of private law is:
a. administrative law
b. securities regulation
c. contract law
d. environmental law
d. tort law
e. all of the other choices are private law
169. Contrasted with public law, an example of private law is:
a. administrative law
b. securities regulation
c. real property law
d. environmental law
e. all of the other choices are private law
170. Contrasted with public law, an example of private law is:
a. administrative law
b. securities regulation
c. tort law
d. environmental law
e. all of the other choices are private law
171. Contrasted with public law, an example of private law is:
a. agency law
b. contract law
c. real property law
d. tort law
e. none of the other choices
172. Public law:
a. concerns crimes that occur in public places
b. concerns the general well-being of the public
c. concerns only private citizens
d. concerns the legal relationship between members of society and the government
e. none of the other choices
173. is the law that concerns the legal relationship between members of society and the government.
a. public law
b. private law
c. ethical law
d. tort law
e. corporation law
174. is the law that concerns the legal relationship between members of society and the government.
a. corporation law
b. private law
c. ethical law
e. primarily common law and is enforced by the executive branch
175. Private law:
a. does not involve courts
b. sets forth rules governing the legal relationships among members of society
c. applies only to individual states
d. is criminal law
e. applies only to businesses within the United States
176. Private law:
a. does not involve courts
b. provides a check on Congress's power
c. applies only to individual states
d. is criminal law
e. none of the other choices
177. Private law is:
a. primarily common law and is enforced mostly through the state court system
b. primarily federal law and is enforced mostly through the federal court system
c. primarily federal law and is enforced mostly through the Supreme Court
d. primarily common law and is enforced mostly through the Supreme Court
