Type:
Test Bank
Resource:
Business Law
Edition:
8th Edition
Author(s):
Henry R. Cheeseman
Business Law, 8e (Cheeseman) Chapter 1 Legal Heritage and the Digital Age 1) Businesses that are organized in the United States are subject to its laws, but not to the laws of other countries in which they do business. Answer: FALSE Diff: 1 Topic: Introduction to Legal Heritage and the Digital Age Skill: Legal Concepts 2) Laws in the U.S. are not set to evolve with changes in social norms. Answer: FALSE Diff: 1 Topic: What is Law? Skill: Legal Concepts 3) The Law and Economics School of jurisprudential thought holds that rights are not worth protecting if it is too costly from an economic viewpoint. Answer: TRUE Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 4) The Critical Legal Studies School proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. Answer: TRUE Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 5) The Critical Legal Studies School of jurisprudential thought seeks to restrict the subjective decision-making powers of judges. Answer: FALSE Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 6) The Command School of jurisprudence believes that the law is a set of rules developed, communicated, and enforced by the ruling party. Answer: TRUE Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts
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7) Sociological philosophers are unlikely to adhere to past law as precedent. Answer: TRUE Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 8) The Analytical School of jurisprudence lays emphasis on how the result of a case is reached rather than the logic of the result itself. Answer: FALSE Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 9) Natural Law School of jurisprudence emphasizes shaping laws based on morals and ethics. Answer: TRUE Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 10) Legal precedence is a key feature of the Historical School of jurisprudence. Answer: TRUE Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 11) The Law and Economics School believes that legal decision making should be functional to market efficiency. Answer: TRUE Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 12) Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts. Answer: TRUE Diff: 1 Topic: History of American Law Skill: Legal Concepts 13) The merchant courts were established because of the unfair results and limited remedies available in the chancery courts. Answer: FALSE Diff: 1 Topic: History of American Law Skill: Legal Concepts
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46) Proponents of the ________ School of jurisprudence emphasize a moral theory of law, where law is based on morality and ethics, and is discovered by human reasoning and making choices between good and evil. A) Sociological B) Analytical C) Historical D) Natural Law Answer: D Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 47) The Analytical School of jurisprudence maintains that the law should be ________. A) shaped by logic B) based on social behavior C) set by the ruling class D) based on morality Answer: A Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 48) Which school of jurisprudence views law as a sort of evolutionary process, where changing norms of society will be reflected in the law? A) the Natural Law School of jurisprudence B) the Sociological School of jurisprudence C) the Analytical School of jurisprudence D) the Historical School of jurisprudence Answer: D Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 49) Imposing a ban on public smoking can serve as an example of a law that adheres to the ________ School of jurisprudence. A) Command B) Sociological C) Law and Economics D) Analytical Answer: B Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts
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50) Proponents of the Command School of jurisprudence will assert that the law is ________. A) developed, communicated, and enforced by the ruling party B) a means to achieve and advance sociological goals C) a collection of a society's traditions and customs that has developed over the centuries D) based on human reasoning, and humans' choosing power between what is good and evil Answer: A Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 51) What school of jurisprudence bases its principles, for solving legal disputes, on broad notions of "fairness," and subjective decision making by judges? A) the Natural Law School of jurisprudence B) the Analytical School of jurisprudence C) the Critical Legal Studies School of jurisprudence D) the Sociological School of jurisprudence Answer: C Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 52) What school of jurisprudential thought emphasizes using law as a tool for market efficiency while solving legal disputes? A) the Critical Legal Studies School of jurisprudence B) the Command School of jurisprudence C) the Sociological School of jurisprudence D) the Law and Economics School of jurisprudence Answer: D Diff: 1 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts 53) What School of jurisprudential thought is reflected in documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter? A) the Natural Law School B) the Historical School C) the Sociological School D) the Analytical School Answer: A Diff: 2 Topic: Schools of Jurisprudential Thought Skill: Legal Concepts
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