LAW 2150 TEST #1 QUESTIONS WITH VERIFIED
ANSWERS
US Congress enacts new federal statute that imposes liability on businesses hiring
employees without verifying their citizenship status. This statue applies to: - Answers -
all of the states
Provision in CA state constitution conflicts w/ provision in US Constitution. Who wins? -
Answers - US Constitution.
Much of American law based on: - Answers - English legal system
Charles is a federal judge whose judicial decisions are part of case law, doesn't include
interpretations of: - Answers - Sound bytes in the media
Larry enters into a contract w/ Motivational Education Services to host a panel
discussion @ a sales conference. When conference is postponed indefinitely, Larry
asks court to cancel contract & return parties to positions held before its formation.
Request involves: - Answers - rescission
Bob's Big Burgers n'Shakes Restaurant brings a suit, seeking a remedy at law. Remedy
at law: - Answers - monetary damages
Maggie & Nate enter into a contract for the sale of a car, but Nate later refuses to
deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a
party to perform what's promised is: - Answers - specific performance
To Sam, the written law of a particular society @ a particular time is most significant.
Sam is a: - Answers - Legal positivist or person who adheres to historical school of legal
thought
Different sources of law - Answers - * Case
* Administration: priority over state regulation
* Statutory: most important
* Constitution
Why uniform law movement caught fire - Answers - helped commercial community (type
of state law)
Most important uniform law - Answers - UCC (adopted by all states; on commerce)
Duty-based ethics - Answers - underlying duty from a set of rules that don't change over
time (religion or philosophical based)
, Situation-based ethics - Answers - situation dictates action -> nothing universal
(utilitarianism= business philosophy of CBA)
Doctrine of Stare Decisis - Answers - Use of precedent for case resolution; provides law
stability & consistency
1) ct shouldn't overturn own precedents w/o compelling reason to do so
2) decisions by higher ct are binding to lower cts
Civil Cases - Answers - 1) Indiv. wrong
2) Sanction- $ damage
3) Standard- majority evidence
4) Sources, case law, regulations
Criminal Cases - Answers - 1) Society wrong
2) Fine and/or imprisonment
3) Beyond reasonable doubt
4) Source, statue declaring act to be substance/procedure
Substantive law - Answers - includes case & statutory law that defines legal rights &
responsibilites
Procedural law - Answers - enforcement of substantive law
Appellate (reviewing) - Answers - 1) case appealed
2) Q's of law
3) No division, Q's of law only
4) Precedent value
Trial (original) - Answers - 1) cases begin
2) q's of law & fact
3) civil/criminal
4) no written opinions
5) no precedent value
Pre-trial procedures: - Answers - 1) pleadings inform each party of claims
2) initial pleadings consist of complaint filed by plaintiff= begins lawsuit & answer filed by
defendant
Pre-trial motions: - Answers - Dismiss, strive, make more definite & certain, judgement
on the pleadings, compel discovery, summary judgement
Central Hudson Gas Test - Answers - Commercial speech restrictions
prohibits defamatory speech, threatening or "fighting words", & obscene or
pornographic speech
3 parts to restriction:
ANSWERS
US Congress enacts new federal statute that imposes liability on businesses hiring
employees without verifying their citizenship status. This statue applies to: - Answers -
all of the states
Provision in CA state constitution conflicts w/ provision in US Constitution. Who wins? -
Answers - US Constitution.
Much of American law based on: - Answers - English legal system
Charles is a federal judge whose judicial decisions are part of case law, doesn't include
interpretations of: - Answers - Sound bytes in the media
Larry enters into a contract w/ Motivational Education Services to host a panel
discussion @ a sales conference. When conference is postponed indefinitely, Larry
asks court to cancel contract & return parties to positions held before its formation.
Request involves: - Answers - rescission
Bob's Big Burgers n'Shakes Restaurant brings a suit, seeking a remedy at law. Remedy
at law: - Answers - monetary damages
Maggie & Nate enter into a contract for the sale of a car, but Nate later refuses to
deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a
party to perform what's promised is: - Answers - specific performance
To Sam, the written law of a particular society @ a particular time is most significant.
Sam is a: - Answers - Legal positivist or person who adheres to historical school of legal
thought
Different sources of law - Answers - * Case
* Administration: priority over state regulation
* Statutory: most important
* Constitution
Why uniform law movement caught fire - Answers - helped commercial community (type
of state law)
Most important uniform law - Answers - UCC (adopted by all states; on commerce)
Duty-based ethics - Answers - underlying duty from a set of rules that don't change over
time (religion or philosophical based)
, Situation-based ethics - Answers - situation dictates action -> nothing universal
(utilitarianism= business philosophy of CBA)
Doctrine of Stare Decisis - Answers - Use of precedent for case resolution; provides law
stability & consistency
1) ct shouldn't overturn own precedents w/o compelling reason to do so
2) decisions by higher ct are binding to lower cts
Civil Cases - Answers - 1) Indiv. wrong
2) Sanction- $ damage
3) Standard- majority evidence
4) Sources, case law, regulations
Criminal Cases - Answers - 1) Society wrong
2) Fine and/or imprisonment
3) Beyond reasonable doubt
4) Source, statue declaring act to be substance/procedure
Substantive law - Answers - includes case & statutory law that defines legal rights &
responsibilites
Procedural law - Answers - enforcement of substantive law
Appellate (reviewing) - Answers - 1) case appealed
2) Q's of law
3) No division, Q's of law only
4) Precedent value
Trial (original) - Answers - 1) cases begin
2) q's of law & fact
3) civil/criminal
4) no written opinions
5) no precedent value
Pre-trial procedures: - Answers - 1) pleadings inform each party of claims
2) initial pleadings consist of complaint filed by plaintiff= begins lawsuit & answer filed by
defendant
Pre-trial motions: - Answers - Dismiss, strive, make more definite & certain, judgement
on the pleadings, compel discovery, summary judgement
Central Hudson Gas Test - Answers - Commercial speech restrictions
prohibits defamatory speech, threatening or "fighting words", & obscene or
pornographic speech
3 parts to restriction:
