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Legal Environment of Business and Online Commerce, The, 6E Henry R. Cheeseman Test Bank

Page 1

Type:

Test Bank

Resource:

Legal Environment of Business and Online Commerce

Edition:

6th Edition

Author(s):

Henry R. Cheeseman


Chapter 1 Legal Heritage and the Information Age 1) The law in the United States has been influenced by English law, but not by French or Spanish law. Answer: FALSE Diff: 2 Topic: Introduction to Legal Heritage and the Information Age 2) Law is intended to protect persons and their property from unwanted interference from others. Answer: TRUE Diff: 1 Topic: Sources of Law in the United States (Priority of Law) 3) That which must be obeyed and followed by citizens subject to sanctions or legal consequences can be thought of as law. Answer: TRUE Diff: 1 Topic: Sources of Law in the United States (Priority of Law) 4) Shaping moral standards is beyond the function of the law. Answer: FALSE Diff: 2 Topic: Sources of Law in the United States (Priority of Law) 5) Law serves both to facilitate orderly change and to maintain the status quo. Answer: TRUE Diff: 2 Topic: Sources of Law in the United States (Priority of Law) 6) The Supreme Court's landmark decision in Brown v. Board of Education is an example of one Supreme Court case overruling a prior Supreme Court case to promote justice. Answer: TRUE Diff: 1 Topic: Sources of Law in the United States (Priority of Law) 7) Plessy v. Ferguson overruled Brown v. Board of Education. Answer: FALSE Diff: 2 Topic: Sources of Law in the United States (Priority of Law) 8) Flexibility is undesirable in the law because the courts become straightjacketed. Answer: FALSE Diff: 2 Topic: Sources of Law in the United States (Priority of Law) 1 .


9) After Brown v. Board of Education was decided, integrating many public schools required court orders as well as U.S. Army Enforcement. Answer: TRUE Diff: 2 Topic: Sources of Law in the United States (Priority of Law) 10) Brown v. Board of Education legitimized the judicial philosophy of 'separate but equal.' Answer: FALSE Diff: 2 Topic: Sources of Law in the United States (Priority of Law) 11) The Natural Law School of jurisprudence believes that men and women create the correct natural laws by using reason to determine what is good and evil. Answer: FALSE Diff: 1 Topic: Schools of Jurisprudential Thought 12) The Historical School of jurisprudence believes that the law should not change and that what has historically been the law should remain the law. Answer: FALSE Diff: 2 Topic: Schools of Jurisprudential Thought 13) The Sociological School of jurisprudence holds that the law should be based on the norms of conduct carried out by the majority of the people. Answer: FALSE Diff: 2 Topic: Schools of Jurisprudential Thought 14) The Command School of jurisprudence believes that the law will change when there is a change in the ruling class. Answer: TRUE Diff: 1 Topic: Schools of Jurisprudential Thought 15) Proponents of the Critical Legal Studies School argue for a stable set of rules that avoids the exercise of subjective judgment by judges. Answer: FALSE Diff: 2 Topic: Schools of Jurisprudential Thought 16) The Law and Economics School of jurisprudential thought holds that the law should promote market efficiency. Answer: TRUE Diff: 1 Topic: Schools of Jurisprudential Thought 2 .


17) The Analytical School of jurisprudential thought will tend to focus on how the result is achieved rather than on the logic of the result. Answer: FALSE Diff: 1 Topic: Schools of Jurisprudential Thought 18) English Common Law received its name because it was the law of the common people. Answer: FALSE Diff: 3 Topic: International Law (The Civil Law System) 19) The English law courts were characterized by the ability to apply a wide variety of flexible remedies. Answer: FALSE Diff: 1 Topic: International Law (The Civil Law System) 20) The courts in which decisions were based on fairness in circumstances where the limited remedies of the law courts did not achieve a fair result were called Chancery. Answer: TRUE Diff: 2 Topic: International Law (The Civil Law System) 21) Court decisions play the same role in common law systems as in civil law systems. Answer: FALSE Diff: 2 Topic: International Law (The Civil Law System) 22) The separate set of courts established in England to administer the law of merchants were called the Merchant Courts. Answer: TRUE Diff: 1 Topic: International Law (The Civil Law System) 23) Powers not given to the states by the U. S. Constitution are reserved for the federal government. Answer: FALSE Diff: 1 Topic: International Law (The Civil Law System) 24) Treaties with foreign governments are considered part of the supreme law of the land. Answer: TRUE Diff: 2 Topic: Sources of Law in the United States (Judicial Decisions)

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25) The states are not permitted to have their own constitutions because doing so would conflict with the U.S. Constitution. Answer: FALSE Diff: 1 Topic: Sources of Law in the United States (Judicial Decisions) 26) Codified-- Law or Codes--is past court decisions that have been organized by jurisdiction into code books. Answer: FALSE Diff: 2 Topic: Sources of Law in the United States (Judicial Decisions) 27) The Uniform Commercial Code is an example of federal law. Answer: FALSE Diff: 2 Topic: Sources of Law in the United States (Judicial Decisions) 28) Each of the three branches of the federal government is empowered to create administrative agencies. Answer: FALSE Diff: 1 Topic: Sources of Law in the United States (Judicial Decisions) 29) The Executive Branch has the power to enact the law Answer: FALSE Diff: 3 Topic: International Law (The Civil Law System) 30) The power of the President or a state governor to issue executive orders can be derived from either an express grant from the legislative branch or by implication from a constitution. Answer: TRUE Diff: 3 Topic: Sources of Law in the United States (Judicial Decisions) 31) The doctrine of stare decisis provides for adherence to precedent. Answer: TRUE Diff: 1 Topic: Sources of Law in the United States (Judicial Decisions) 32) Based upon the common law tradition, past court decisions become precedent for deciding future cases. Answer: TRUE Diff: 2 Topic: Sources of Law in the United States (Judicial Decisions)

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