SMC Business Law Sec 1059 Week 1 Ch 1 Quiz (2015)

Week 1 Chp. 1 Qz.Question 1. Question : The common law: Student Answer: Came to America with the first English settlers Was applied by the courts during the colonial period Has been codified in some instances Is often referred to a judge-made law All of the aboveQuestion 2. Question : Which of the following is true regarding the Restatements? Student Answer: They basically are model acts drafted by a group of experts for the states’ legislatures to enact They basically are codifications of common law rules by a legislature A Restatement provision is not binding law in and of itself and only becomes law when a court adopts a Restatement rule The Restatements defeat inconsistent statutesQuestion 3. Question : The main problem with stare decisis is its excessive rigidity, which in turn, prevents the common law from adapting to meet changing social conditions. Student Answer: True False Question 4. Question : Which of the following lets courts help parties determine their rights and duties even though neither may yet have been harmed, so long as there is a real case or controversy between them? Student Answer: A declaratory judgment statute The ejusdem generis rule The rule of no liability outside privity of contract The public lawQuestion 5. Question : An ordinance is a law enacted by a lesser state government such as a county, township or municipality. Student Answer: True False Question 6. Question : Statutes differ from uniform acts. Statutes are actually laws that are created by elected representatives in Congress or a state legislature. Student Answer: True False Question 7. Question : Assume that Mark and Kay formed an enforceable contract. Mark refused to perform the contract and he was sued by Kay. Civil law contains the legal rules that will dictate the outcome of Kay’s lawsuit against Mark. Student Answer: True False Question 8. Question : Which of the following law is both civil and substantive? Student Answer: A state’s contract law A state’s murder statute A state’s rules for the conduct of a civil trial A state’s rules for appealing a civil judgmentQuestion 9. Question : Case law reasoning can be described as a court finding appropriate legal rules in prior cases called precedents. Student Answer: True FalseQuestion 10. Question : Which, if any, of the below bodies of law is concerned with the obligations that private parties owe to one another? Student Answer: Procedural law Civil law Private law B and C None of the aboveQuestion 11. Question : Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars. Student Answer: True False Question 12. Question : Constitutions defeat all other types of law within their jurisdiction (domain). Thus, a state constitution is supreme (and defeats) all other state laws. Student Answer: True False Question 13. Question : Assume that Jen plans to publish a project that she fears may violate Rick’s copyright protection. Jen does not want to have the work published without making sure that she is not violating Rick’s rights. Jen would be well advised to seek a Declaratory Judgment on this particular issue. Student Answer: True False Question 14. Question : Procedural law sets forth the rules to be followed during a lawsuit starting with the filing of the lawsuit and ending with the completion of the trial and the appeal. Student Answer: True False Question 15. Question : In deciding a legal dispute, a court will determine the applicable rule(s) of law and apply the same to the facts. When rendering its written decision, a court is also inclined to: Student Answer: List other relevant case rulings that support its decision in the present case Allude to public policy that supports its decision in the present case Rely on the Doctrine of Stare Decisis Rely on precedent All of the aboveQuestion 16. Question : When a precedent has been properly distinguished from the facts of the present case (the one being tried in court), the common law rule of the prior case does not control the present case. Student Answer: True False Question 17. Question : Which of the following is an equitable remedy? Student Answer: Arbitration Money damages Mediation An injunctionQuestion 18. Question : Smith, driving while intoxicated, ran into the back of Johnson’s vehicle. Johnson was injured and her car was damaged. Smith was arrested at the scene. Johnson sued Smith. Smith’s actions constitute both civil and criminal liability. Student Answer: True False Question 19. Question : The Restatements usually state common law rules. Student Answer: True False Question 20. Question : The doctrine of stare decisis: Student Answer: Says that courts should follow the plain meaning of statutes and not worry about anything else Says that courts should look at legislative history when interpreting statutes Says that common law rules, once established, can never change Says that, in common law cases, like cases should be decided alike