Woodyard Exam 1
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1. When applying substantive law the court considers what sort of legal rights?-
: The rules that regulate legal rights, such as contract law under a binding contract.
2. If the Supreme Court of the U.S. is examining state legislation under provi-
sions of theU.S. Constitution, the Constitution would be paramount under what
principle?: The status of the U.S. Constitution of the supreme law of the land.
3. After reviewing the chapter, how would you compare the business law top-
ics governed by the common law versus those that are governed largely by
statute?: While some business law topics still are governed by common law, most areas of commercial law have
become largely statutory.
4. In Caldwell v. Bechtel, Inc., Caldwell sued Bechtel for damages related to work
that Caldwell performed for Bechtel as part of the metropolitan subway system
in Washington D.C. To avoid liability, Bechtel argued that:: did not owe a duty to reasonable
care to protect Caldwell's safety.
5. Curtis Williams was employed by Highway Construction Engineering Corpo-
ration (HCEC). HCEC was contracted to excavate a traffic tunnel for the State of
New Jersey, and Curtis was assigned to work on this excavation project. While
working on the excavation of the tunnel, Curtis breathed in very harmful debris
resulting from the demolition of the tunnel for the excavation. By breathing in
the debris, Curtis suffered a debilitating lung disorder. Williams sued HCEC for
damages resulting for breathing in the debris. If HCEC asserts that it has no
duty to protect Curtis's safety, will it be successful?: No, because HCEC owes a duty of care to
Curtis to take reasonable steps to protect Curtis from the foreseeable risk of harm to his health posed by the excavation
of the tunnel.
6. Stuart has been charged with burglary of an apartment building. The prose-
cutor must prove Stuart's guilt:: beyond a reasonable doubt.
7. Alexandra has been sued Wendy for failure to pay rent for their apartment.
Which body of law will govern the lawsuit?: Civil law
8. The Constitution of the United States puts into place which central principle
of our government?: Separation of powers.
9. Andrew purchased an original oil painting, but the painter refused to deliver
the work of art. If he seeks to get an order to have the painting delivered. He
will request an order for: specific performance.
, Woodyard Exam 1
Study online at https://quizlet.com/_hsz7he
10. A new state law, passed by the legislature, mandates that all employers must
prohibit employee texting in employer vehicles. The law further provides that
any employer who allows an employee to text in its vehicles is subject to a court
order requiring the employer to enforce the law. This law is a matter of:: substantive
law.
11. If the State of Michigan passed laws that regulate the ensuring of free and
impartial municipal elections, which essential function of the law do these laws
serve?: Preservation of the state.
12. Next month, Mexico seeks to enter into a treaty with the State of Texas over
water rights involving the Rio Grande. Is this treaty constitutional under the
U.S. Constitution?: No, a treaty is an agreement among independent nations and Texas is not an independent
nation.
13. Dylan believes that his neighbor, Nancy, is improperly erecting a fence on
Dylan's property. Despite efforts to get Nancy to stop the construction of the
fence, she refuses. Dylan then sues Nancy and seeks only an injunction from
a court to stop the fence's construction. What type of judicial relief is Dylan
seeking from the court?: equity.
14. Wendy sued Greg for a breach of contract, but the trial court found in favor
of Greg. If Wendy chooses to appeal her case, her party status on appeal is
known as:: appellant.
15. If the case of Johnson v. Texas was decided by the United States Supreme
Court, where would the opinion of the court be published?: U.S. Supreme Court Reports
16. A law is: a rule of civil conduct prescribed by the supreme power in a state
17. Which of the following is a function of the law in the United States?: Maintain
stability while simultaneously permitting change.
18. Which of the following is a remedy that can only be obtained from a court
acting in its powers of equity?: An injunction.
19. Which one of the following is true of a suit brought under civil law?: The purpose
is to compensate the injured party.
20. Sources of state law include all but which of the following?: Hearings before Congress.
21. Like the President of the United States, the governor of most states has the
authority to issue laws, which are called:: executive orders.
, Woodyard Exam 1
Study online at https://quizlet.com/_hsz7he
22. An example of criminal law is:: a murder conviction.
23. The remedies available to a judge of an equity court include all of the
following except:: stare decisis.
24. The type of law that is an agreement between or among independent na-
tions is:: treaties.
25. In general terms, the person who is sued in a civil lawsuit is the:: defendant
26. Four sources of law in the U.S. legal system are:: constitutional law, judicial law, legislative
law, and administrative law.
27. The party who appeals a case to a higher court is the:: appellant.
28. A decision of one of the U.S. District courts would be recorded in the:: Federal
Supplement.
29. If an African culture and an Eastern Asian culture differ as to the morality of
a particular action, under ethical relativism:: both actions would be viewed as ethical.
30. Which of the following best describes the social egalitarian ethics theory?: -
Social egalitarians believe that society should provide each person with equal amounts of good and services regardless
of the contribution each makes to increase society's wealth.
31. The chief criticism of utilitarianism is that it:: in some instances ignores justice.
32. Which of the following is NOT a stage in Kohlberg's Theory of Moral Devel-
opment?: Intuitionism.
33. An ethical decision-making approach that asserts that actions must be
judged by what individuals feel is right or wrong for themselves, is:: ethical relativism.
34. How are fiduciary responsibilities defined?: Utmost loyalty and good faith
35. Kant's categorical imperative proposes that:: moral actions must potentially be a universal
law that could be applied consistently and must respect the autonomy of all human beings and not treat them as an
expedient.
36. What do Libertarians stress as the basis for distributing society's rewards?: -
Market outcomes.
37. A(n) __________ would support lying in a particular situation if doing so would
produce more overall pleasure than pain.: act utilitarian
38. How does a person, in Kohlberg's preconventional level of moral develop-
ment, make ethical decisions?: He reacts to the fear of punishment.
Study online at https://quizlet.com/_hsz7he
1. When applying substantive law the court considers what sort of legal rights?-
: The rules that regulate legal rights, such as contract law under a binding contract.
2. If the Supreme Court of the U.S. is examining state legislation under provi-
sions of theU.S. Constitution, the Constitution would be paramount under what
principle?: The status of the U.S. Constitution of the supreme law of the land.
3. After reviewing the chapter, how would you compare the business law top-
ics governed by the common law versus those that are governed largely by
statute?: While some business law topics still are governed by common law, most areas of commercial law have
become largely statutory.
4. In Caldwell v. Bechtel, Inc., Caldwell sued Bechtel for damages related to work
that Caldwell performed for Bechtel as part of the metropolitan subway system
in Washington D.C. To avoid liability, Bechtel argued that:: did not owe a duty to reasonable
care to protect Caldwell's safety.
5. Curtis Williams was employed by Highway Construction Engineering Corpo-
ration (HCEC). HCEC was contracted to excavate a traffic tunnel for the State of
New Jersey, and Curtis was assigned to work on this excavation project. While
working on the excavation of the tunnel, Curtis breathed in very harmful debris
resulting from the demolition of the tunnel for the excavation. By breathing in
the debris, Curtis suffered a debilitating lung disorder. Williams sued HCEC for
damages resulting for breathing in the debris. If HCEC asserts that it has no
duty to protect Curtis's safety, will it be successful?: No, because HCEC owes a duty of care to
Curtis to take reasonable steps to protect Curtis from the foreseeable risk of harm to his health posed by the excavation
of the tunnel.
6. Stuart has been charged with burglary of an apartment building. The prose-
cutor must prove Stuart's guilt:: beyond a reasonable doubt.
7. Alexandra has been sued Wendy for failure to pay rent for their apartment.
Which body of law will govern the lawsuit?: Civil law
8. The Constitution of the United States puts into place which central principle
of our government?: Separation of powers.
9. Andrew purchased an original oil painting, but the painter refused to deliver
the work of art. If he seeks to get an order to have the painting delivered. He
will request an order for: specific performance.
, Woodyard Exam 1
Study online at https://quizlet.com/_hsz7he
10. A new state law, passed by the legislature, mandates that all employers must
prohibit employee texting in employer vehicles. The law further provides that
any employer who allows an employee to text in its vehicles is subject to a court
order requiring the employer to enforce the law. This law is a matter of:: substantive
law.
11. If the State of Michigan passed laws that regulate the ensuring of free and
impartial municipal elections, which essential function of the law do these laws
serve?: Preservation of the state.
12. Next month, Mexico seeks to enter into a treaty with the State of Texas over
water rights involving the Rio Grande. Is this treaty constitutional under the
U.S. Constitution?: No, a treaty is an agreement among independent nations and Texas is not an independent
nation.
13. Dylan believes that his neighbor, Nancy, is improperly erecting a fence on
Dylan's property. Despite efforts to get Nancy to stop the construction of the
fence, she refuses. Dylan then sues Nancy and seeks only an injunction from
a court to stop the fence's construction. What type of judicial relief is Dylan
seeking from the court?: equity.
14. Wendy sued Greg for a breach of contract, but the trial court found in favor
of Greg. If Wendy chooses to appeal her case, her party status on appeal is
known as:: appellant.
15. If the case of Johnson v. Texas was decided by the United States Supreme
Court, where would the opinion of the court be published?: U.S. Supreme Court Reports
16. A law is: a rule of civil conduct prescribed by the supreme power in a state
17. Which of the following is a function of the law in the United States?: Maintain
stability while simultaneously permitting change.
18. Which of the following is a remedy that can only be obtained from a court
acting in its powers of equity?: An injunction.
19. Which one of the following is true of a suit brought under civil law?: The purpose
is to compensate the injured party.
20. Sources of state law include all but which of the following?: Hearings before Congress.
21. Like the President of the United States, the governor of most states has the
authority to issue laws, which are called:: executive orders.
, Woodyard Exam 1
Study online at https://quizlet.com/_hsz7he
22. An example of criminal law is:: a murder conviction.
23. The remedies available to a judge of an equity court include all of the
following except:: stare decisis.
24. The type of law that is an agreement between or among independent na-
tions is:: treaties.
25. In general terms, the person who is sued in a civil lawsuit is the:: defendant
26. Four sources of law in the U.S. legal system are:: constitutional law, judicial law, legislative
law, and administrative law.
27. The party who appeals a case to a higher court is the:: appellant.
28. A decision of one of the U.S. District courts would be recorded in the:: Federal
Supplement.
29. If an African culture and an Eastern Asian culture differ as to the morality of
a particular action, under ethical relativism:: both actions would be viewed as ethical.
30. Which of the following best describes the social egalitarian ethics theory?: -
Social egalitarians believe that society should provide each person with equal amounts of good and services regardless
of the contribution each makes to increase society's wealth.
31. The chief criticism of utilitarianism is that it:: in some instances ignores justice.
32. Which of the following is NOT a stage in Kohlberg's Theory of Moral Devel-
opment?: Intuitionism.
33. An ethical decision-making approach that asserts that actions must be
judged by what individuals feel is right or wrong for themselves, is:: ethical relativism.
34. How are fiduciary responsibilities defined?: Utmost loyalty and good faith
35. Kant's categorical imperative proposes that:: moral actions must potentially be a universal
law that could be applied consistently and must respect the autonomy of all human beings and not treat them as an
expedient.
36. What do Libertarians stress as the basis for distributing society's rewards?: -
Market outcomes.
37. A(n) __________ would support lying in a particular situation if doing so would
produce more overall pleasure than pain.: act utilitarian
38. How does a person, in Kohlberg's preconventional level of moral develop-
ment, make ethical decisions?: He reacts to the fear of punishment.
