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Test Bank For Business Law Text And Cases Clarkson 13th Edition
Chapter 1
Law and Legal Reasoning
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: TYPE indicates that a question is new, modified, or unchanged, as follows.
N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank.
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TRUE/FALSE QUESTIONS
; Laws and government regulations affect almost all business activities.
ANSWER: T PAGE: 2 TYPE: N
BUSPROG: Analytic AICPA: BB-Legal
; The Constitution is the basis of all law in the United States.
ANSWER: T PAGE: 4 TYPE: +
BUSPROG: Analytic AICPA: BB-Legal
; The Constitution reserves to the federal government all powers not granted to the states.
ANSWER: F PAGE: 4 TYPE: N
BUSPROG: Analytic AICPA: BB-Critical Thinking
B4. The Uniform Commercial Code has been adopted in all fifty states.
ANSWER: T PAGE: 5 TYPE: +
BUSPROG: Reflective AICPA: BB-Critical Thinking
; Federal agency regulations take precedence over conflicting state agency regulations.
ANSWER: T PAGE: 5 TYPE: +
BUSPROG: Analytic AICPA: BB-Legal
; Common law is a term for the laws that are familiar to most of us.
ANSWER: F PAGE: 6 type: =
BUSPROG: Analytic AICPA: BB-Critical Thinking
; Decisions by higher courts are not binding on lower courts.
ANSWER: F PAGE: 8 TYPE: +
BUSPROG: Analytic AICPA: BB-Legal
; Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.
ANSWER: F PAGE: 8 TYPE: =
BUSPROG: Analytic AICPA: BB-Legal
; Courts are not obligated to follow precedents.
ANSWER: F PAGE: 9 TYPE: N
BUSPROG: Reflective AICPA: BB-Critical Thinking
; In most legal controversies, there is one single correct result.
ANSWER: F PAGE: 10 TYPE: N
BUSPROG: Analytic AICPA: BB-Critical Thinking
; Although cases may be similar, no two cases are ever identical in all respects.
ANSWER: T PAGE: 10 TYPE: N
BUSPROG: Analytic AICPA: BB-Critical Thinking
; Each judge had his or her personal beliefs and philosophy, which shape the legal reasoning process.
ANSWER: T PAGE: 10 TYPE: N
BUSPROG: Reflective AICPA: BB-Critical Thinking
; Clearly, a judge’s function is to make the laws.
ANSWER: F PAGE: 11 type: N
BUSPROG: Analytic AICPA: BB-Critical Thinking
; The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended.
ANSWER: T PAGE: 11 TYPE: N
BUSPROG: Analytic AICPA: BB-Critical Thinking
; A jury’s good sense and careful consideration of consequences is known as jurisprudence.
ANSWER: F PAGE: 11 TYPE: =
BUSPROG: Reflective AICPA: BB-Critical Thinking
; Procedural law consists of all laws that outline the methods of enforcing rights.
ANSWER: T PAGE: 12 TYPE: N
BUSPROG: Analytic AICPA: BB-Legal
; A citation identifies the publication in which a legal authority can be found.
ANSWER: T PAGE: 13 TYPE: N
BUSPROG: Analytic AICPA: BB-Research
; The decisions made by the courts establish the boundaries of the law as it applies to almost all business relationships.
ANSWER: T PAGE: 15 TYPE: N
BUSPROG: Analytic AICPA: BB-Critical Thinking
; The party against whom a lawsuit is brought is the plaintiff or petitioner.
ANSWER: F PAGE: 20 TYPE: N
BUSPROG: Analytic AICPA: BB-Critical Thinking
; When all the judges (or justices) agree on a decision, a majority opinion is written for the entire court.
ANSWER: F PAGE: 20 TYPE: N
BUSPROG: Reflective AICPA: BB-Critical Thinking
multiple-choice questions
; Data Analytics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as
; hiring and firing decisions.
; the manufacturing and marketing of products.
; business financing.
; all of the choices.
ANSWER: D PAGE: 2 TYPE: N
BUSPROG: Reflective AICPA: BB-Critical Thinking
; The Congress enacts a new federal statute that imposes liability on businesses hiring employees without verifying their citizenship status. This statute applies
; only to businesses not covered by state law.
; only to those states that consent to apply it.
; to all of the states.
; to none of the states.
ANSWER: C PAGE: 4 type: +
BUSPROG: Reflective AICPA: BB-Legal
; A provision in the California state constitution conflicts with a provision in the Constitution. If challenged
; neither provision will be enforced.
; the provisions will be balanced to reach a compromise.
; the state provision, not the Constitution, will be enforced.
; the Constitution, not the state provision, will be enforced.
ANSWER: D PAGE: 4 TYPE: +
BUSPROG: Reflective AICPA: BB-Legal
; The Pennsylvania legislature enacts a state law that violates the Constitution. This law can be enforced by
; no one.
; the federal government only.
; the state of Pennsylvania only.
; the United States Supreme Court only.
ANSWER: A PAGE: 4 TYPE: N
BUSPROG: Reflective AICPA: BB-Legal
; The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the Bureau of Land Management issue regulations. These rules constitute
; administrative law.
; case law.
; stare decisis.
; statutory law.
ANSWER: A PAGE: 5 type: N
BUSPROG: Reflective AICPA: BB-Critical Thinking
; Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of
; regulations created by administrative agencies.
; constitutional provisions.
; statutes enacted by legislatures.
; sound bites in the media.
ANSWER: D PAGE: 5 TYPE: N
BUSPROG: Reflective AICPA: BB-Legal
; Much of American law is based on
; the English legal system.
; the French legal system.
; Greek civil law.
; ancient Chinese law.
ANSWER: A PAGE: 6 type: N
BUSPROG: Reflective AICPA: BB-Legal
; Bob’s Big Burgers n’ Shakes Restaurant brings a suit, seeking a remedy at law. A remedy at law is
; monetary damages.
; a decree of specific performance.
; a judicial proceeding for the resolution of a dispute.
; an injunction.
ANSWER: A PAGE: 6 type: N
BUSPROG: Reflective AICPA: BB-Critical Thinking
; Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves
; specific performance.
; an injunction.
; rescission.
; an action that the court cannot order.
ANSWER: C PAGE: 7 type: N
BUSPROG: Reflective AICPA: BB-Legal
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