Ch01
Student: ___________________________________________________________________________
1. Much of the origins of the law dealt with issues related to _______.
________________________________________
2. When the United States Supreme Court formally recognized their role in achieving equality for all
Americans during the civil rights movement, they were following a ________ philosophy.
________________________________________
3. Attorneys who work for a company and are part of the executive or mid-level management team are
specifically referred to as ________ counsel.
________________________________________
4. Attorneys, particularly in a business context, are also referred to as _______.
________________________________________
5. Measures of judicial action intended to compensate an injured party in a civil law suit are called
_______.
________________________________________
6. Equitable rules used in the context of Common Law rules that guide courts in deciding cases or
controversies are called equitable _______.
________________________________________
7. Judicial opinions are also known as the ________ of the case.
________________________________________
8. A collection of uniform legal principles focused on a particular area of traditional state law is called
________ of the law.
________________________________________
9. Trial lawyers are also referred to as _______.
________________________________________
10. ________ are recognized as binding between two parties even though no specific statute or regulation
provides for the rights of the parties.
________________________________________
11. Legal positivists believe that agreed upon laws should be uniformly and strictly enforced and may only be
changed by the government.
True False
12. Law today is crucial to business by creating some degree of reliability to be used in business planning and
commercial transactions.
True False
13. States tend to amend their constitutions less frequently than is the case with the United States
Constitution.
True False
14. A presidential veto may be overridden by a 2/3 majority vote of the Senate.
True False
15. Legal Realism is the oldest form of American jurisprudence and was founded during the American
Revolution and forms the basis for the United States Constitution.
True False
,16. Courts regularly question and overturn administrative agency decisions involving how and when an
agency enforces a regulation.
True False
17. The power of courts to establish law in matters not specifically addressed by statutes is very limited in
common law countries.
True False
18. Equitable remedies are available to compensate injured parties in both civil and criminal lawsuits.
True False
19. Most states have separate courts of law and equity.
True False
20. A statute of limitations determines the maximum and minimum amounts of monetary relief that may be
granted in different types of civil law suits.
True False
21. The purpose of secondary sources of law is to increase uniformity and fairness across courts in the 50
states.
True False
22. A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.
True False
23. A zoning law which regulates what a landowner may or may not do with their privately owned property
is an example of a public law.
True False
24. Laws which require that police show reasonable cause and obtain a search warrant before entering a place
of business to search for evidence would be examples of substantive laws.
True False
25. Criminal law is designed to compensate parties for money lost as a result of another's unlawful
conduct.
True False
26. For private law to be applied, there must be a statute or ordinance enacted that provides for the rights of
the parties.
True False
27. Criminal law can also be characterized as public law but can never be considered private law.
True False
28. Freedom of Speech, as defined in the Constitution, is an example of substantive law.
True False
29. Restatements of the law are written and revised by the Congress and state legislatures as needed.
True False
30. All statutes have a statutory scheme but not all statutes have a legislative history.
True False
31. The common law is the law that all states follow to avoid confusion and to promote consistency from
state to state.
True False
32. Civil law systems reject and prohibit the use of precedent, relying solely on strict interpretations of
statutes.
True False
,33. When a Pennsylvania appellate court makes a decision, stare decisis requires that Delaware trial courts
follow the case precedent when a case with a similar fact situation arises.
True False
34. Aggressive litigation generally results in a high monetary cost for a corporation.
True False
35. Arbitration and mediation are preferred dispute resolution methods because they always result in a
satisfactory outcome for both sides of the dispute.
True False
36. Ordinances will preempt state level statutes.
True False
37. Alternative dispute resolution, when used to settle a business dispute, is usually not subject to appeal to a
court.
True False
38. Laws relating to contracts for the sale of goods are primarily found in the common law.
True False
39. The U.S. system of common law is deep-seated in the French common law established by the Norman
kings around 1066.
True False
40. Jurisprudence refers to the conducting of a trial and the rendering of a judicial decision.
True False
41. Black's Law Dictionary, as cited in the book defining the term law, includes each of the following
except:
A. law is a body of rules.
B. law is conduct prescribed by a controlling authority.
C. law has a binding force.
D. law regulates personal ethics.
42. Jurisprudence is defined as:
A. adjudication of law suits.
B. the enactment of laws by a government body.
C. the science and philosophy of law.
D. the duties and obligations owed by a citizen.
43. Philip believes that moral values inherent in mankind should form the basis of law and that these
principles are a higher authority than man made law. Philip is a proponent of:
A. natural law.
B. legal realism.
C. legal positivism.
D. social law.
44. Joshua is a highly accomplished soccer player and a successful coach. He is often hired by other coaches
to run soccer clinics and soccer camps for their teams. If Joshua decides to incorporate and sell stock to
finance the corporation, the area of law that he would need to be aware of with regard to the stock sales
would be:
A. securities law.
B. intellectual property law.
C. contract law.
D. antitrust law.
, 45. Mega Corporation has developed a strategic plan that calls for an emphasis on appealing to a younger
demographic. If it decided that such an appeal to a younger market would necessitate a change in the
corporate logo and trademark, such changes would require an understanding of:
A. securities law.
B. intellectual property law.
C. contract law.
D. antitrust law.
46. The state of Delaware has passed a new law banning cell phone use while driving a motor vehicle within
the state. This law would be defined as a/an:
A. ordinance.
B. regulation.
C. statute.
D. common law.
47. New York City has passed a law banning smoking of cigarettes and cigars in public bars and restaurants.
This law would be defined as a/an:
A. ordinance.
B. regulation.
C. statute.
D. common law.
48. The official publication of federal statutory law is the:
A. Federal Register.
B. Consolidated Statutes of the United States.
C. Code of Congressional Statutes.
D. United States Code.
49. Kathy, a fashion model, witnesses a motor vehicle accident but does not stop because she was late for her
pedicure and simply didn't want to get involved. Had she stopped she could have saved the life of Tom
who was thrown from the car and landed in a water filled ditch, without danger to herself. When Tom's
widow hears that Kathy could have easily saved Tom's life but chose to ignore the situation she sues
Kathy. The state has no "good samaritan" laws or duty to assist laws but such cases have been brought in
the past. Which of the following will the court apply when making a decision in this case?
A. statutory law
B. administrative law
C. common law
D. equity law
50. Bradley collects historic memorabilia and one of his prized possessions is the pistol used by Aaron Burr
in his duel with Alexander Hamilton. After reading an article in a magazine Bradley discovers that Sam
owns the matching pistol, used by Hamilton in the duel. Bradley contacts Sam and offers him $500,000
for the pistol. Sam e-mails Bradley that he accepts his offer but the transaction must be for cash and
face to face. Bradley responds that he'll be at Sam's home at noon the next day with the money. When
he arrives, Sam informs him that he's received an offer of $600,000 for the pistol and Bradley must pay
that amount or he'll sell to the other buyer. Bradley wants the weapon to complete the set. If he sues Sam,
what course of action will best provide him the results he desires?
A. sue for breach of contract and seek a legal remedy
B. sue for an injunction
C. bring a suit in equity and seek monetary damages
D. sue for breach of contract and seek a decree of specific performance
51. Which of the following is not available in a court of equity?
A. an order for the payment of money damages for a breach of contract
B. an order prohibiting the building of a 16 foot fence in a residential neighborhood
C. an order requiring teachers to stop picketing in a particular area
D. an order requiring a party to turn over goods after being found guilty of breach of contract
Student: ___________________________________________________________________________
1. Much of the origins of the law dealt with issues related to _______.
________________________________________
2. When the United States Supreme Court formally recognized their role in achieving equality for all
Americans during the civil rights movement, they were following a ________ philosophy.
________________________________________
3. Attorneys who work for a company and are part of the executive or mid-level management team are
specifically referred to as ________ counsel.
________________________________________
4. Attorneys, particularly in a business context, are also referred to as _______.
________________________________________
5. Measures of judicial action intended to compensate an injured party in a civil law suit are called
_______.
________________________________________
6. Equitable rules used in the context of Common Law rules that guide courts in deciding cases or
controversies are called equitable _______.
________________________________________
7. Judicial opinions are also known as the ________ of the case.
________________________________________
8. A collection of uniform legal principles focused on a particular area of traditional state law is called
________ of the law.
________________________________________
9. Trial lawyers are also referred to as _______.
________________________________________
10. ________ are recognized as binding between two parties even though no specific statute or regulation
provides for the rights of the parties.
________________________________________
11. Legal positivists believe that agreed upon laws should be uniformly and strictly enforced and may only be
changed by the government.
True False
12. Law today is crucial to business by creating some degree of reliability to be used in business planning and
commercial transactions.
True False
13. States tend to amend their constitutions less frequently than is the case with the United States
Constitution.
True False
14. A presidential veto may be overridden by a 2/3 majority vote of the Senate.
True False
15. Legal Realism is the oldest form of American jurisprudence and was founded during the American
Revolution and forms the basis for the United States Constitution.
True False
,16. Courts regularly question and overturn administrative agency decisions involving how and when an
agency enforces a regulation.
True False
17. The power of courts to establish law in matters not specifically addressed by statutes is very limited in
common law countries.
True False
18. Equitable remedies are available to compensate injured parties in both civil and criminal lawsuits.
True False
19. Most states have separate courts of law and equity.
True False
20. A statute of limitations determines the maximum and minimum amounts of monetary relief that may be
granted in different types of civil law suits.
True False
21. The purpose of secondary sources of law is to increase uniformity and fairness across courts in the 50
states.
True False
22. A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.
True False
23. A zoning law which regulates what a landowner may or may not do with their privately owned property
is an example of a public law.
True False
24. Laws which require that police show reasonable cause and obtain a search warrant before entering a place
of business to search for evidence would be examples of substantive laws.
True False
25. Criminal law is designed to compensate parties for money lost as a result of another's unlawful
conduct.
True False
26. For private law to be applied, there must be a statute or ordinance enacted that provides for the rights of
the parties.
True False
27. Criminal law can also be characterized as public law but can never be considered private law.
True False
28. Freedom of Speech, as defined in the Constitution, is an example of substantive law.
True False
29. Restatements of the law are written and revised by the Congress and state legislatures as needed.
True False
30. All statutes have a statutory scheme but not all statutes have a legislative history.
True False
31. The common law is the law that all states follow to avoid confusion and to promote consistency from
state to state.
True False
32. Civil law systems reject and prohibit the use of precedent, relying solely on strict interpretations of
statutes.
True False
,33. When a Pennsylvania appellate court makes a decision, stare decisis requires that Delaware trial courts
follow the case precedent when a case with a similar fact situation arises.
True False
34. Aggressive litigation generally results in a high monetary cost for a corporation.
True False
35. Arbitration and mediation are preferred dispute resolution methods because they always result in a
satisfactory outcome for both sides of the dispute.
True False
36. Ordinances will preempt state level statutes.
True False
37. Alternative dispute resolution, when used to settle a business dispute, is usually not subject to appeal to a
court.
True False
38. Laws relating to contracts for the sale of goods are primarily found in the common law.
True False
39. The U.S. system of common law is deep-seated in the French common law established by the Norman
kings around 1066.
True False
40. Jurisprudence refers to the conducting of a trial and the rendering of a judicial decision.
True False
41. Black's Law Dictionary, as cited in the book defining the term law, includes each of the following
except:
A. law is a body of rules.
B. law is conduct prescribed by a controlling authority.
C. law has a binding force.
D. law regulates personal ethics.
42. Jurisprudence is defined as:
A. adjudication of law suits.
B. the enactment of laws by a government body.
C. the science and philosophy of law.
D. the duties and obligations owed by a citizen.
43. Philip believes that moral values inherent in mankind should form the basis of law and that these
principles are a higher authority than man made law. Philip is a proponent of:
A. natural law.
B. legal realism.
C. legal positivism.
D. social law.
44. Joshua is a highly accomplished soccer player and a successful coach. He is often hired by other coaches
to run soccer clinics and soccer camps for their teams. If Joshua decides to incorporate and sell stock to
finance the corporation, the area of law that he would need to be aware of with regard to the stock sales
would be:
A. securities law.
B. intellectual property law.
C. contract law.
D. antitrust law.
, 45. Mega Corporation has developed a strategic plan that calls for an emphasis on appealing to a younger
demographic. If it decided that such an appeal to a younger market would necessitate a change in the
corporate logo and trademark, such changes would require an understanding of:
A. securities law.
B. intellectual property law.
C. contract law.
D. antitrust law.
46. The state of Delaware has passed a new law banning cell phone use while driving a motor vehicle within
the state. This law would be defined as a/an:
A. ordinance.
B. regulation.
C. statute.
D. common law.
47. New York City has passed a law banning smoking of cigarettes and cigars in public bars and restaurants.
This law would be defined as a/an:
A. ordinance.
B. regulation.
C. statute.
D. common law.
48. The official publication of federal statutory law is the:
A. Federal Register.
B. Consolidated Statutes of the United States.
C. Code of Congressional Statutes.
D. United States Code.
49. Kathy, a fashion model, witnesses a motor vehicle accident but does not stop because she was late for her
pedicure and simply didn't want to get involved. Had she stopped she could have saved the life of Tom
who was thrown from the car and landed in a water filled ditch, without danger to herself. When Tom's
widow hears that Kathy could have easily saved Tom's life but chose to ignore the situation she sues
Kathy. The state has no "good samaritan" laws or duty to assist laws but such cases have been brought in
the past. Which of the following will the court apply when making a decision in this case?
A. statutory law
B. administrative law
C. common law
D. equity law
50. Bradley collects historic memorabilia and one of his prized possessions is the pistol used by Aaron Burr
in his duel with Alexander Hamilton. After reading an article in a magazine Bradley discovers that Sam
owns the matching pistol, used by Hamilton in the duel. Bradley contacts Sam and offers him $500,000
for the pistol. Sam e-mails Bradley that he accepts his offer but the transaction must be for cash and
face to face. Bradley responds that he'll be at Sam's home at noon the next day with the money. When
he arrives, Sam informs him that he's received an offer of $600,000 for the pistol and Bradley must pay
that amount or he'll sell to the other buyer. Bradley wants the weapon to complete the set. If he sues Sam,
what course of action will best provide him the results he desires?
A. sue for breach of contract and seek a legal remedy
B. sue for an injunction
C. bring a suit in equity and seek monetary damages
D. sue for breach of contract and seek a decree of specific performance
51. Which of the following is not available in a court of equity?
A. an order for the payment of money damages for a breach of contract
B. an order prohibiting the building of a 16 foot fence in a residential neighborhood
C. an order requiring teachers to stop picketing in a particular area
D. an order requiring a party to turn over goods after being found guilty of breach of contract
