Business law exam 1 Question and answers 100% correct 2023
True or false: Administrative agencies get the power to make law through a process called
delegation. - correct answer T
True or false: The government cannot be a party to a civil suit - correct answer F. For example, you can sue the government for money damages.
True or false: A state homicide statute is both criminal and substantive. - correct answer T
True or false: To a legal positivist, morality or rightness is an essential component of any
valid law. - correct answer F
True or false: Because the U.S. Constitution says that the president only executes the laws,
the President never makes laws. - correct answer False. For example, the president can make/issue executive orders
which are a type/form of law
True or false: A treaty defeats an inconsistent state constitutional provision in case of clash
between them. - correct answer T. It does so because of the Supremacy Clause in the U.S.
Constitution.
True or false: Today, our common law courts tend to take an instrumentalist attitude
toward law, viewing it as a flexible tool for accomplishing various social
purposes. - correct answer T
. The school of jurisprudence known as Legal Realism:
a. Views laws as a social ordering process that reflects current American
society's dominant interests and values.
b. Believes that unjust or immoral laws do not deserve to be regarded as law,
and should not be enforced or obeyed.
c. Would advocate obedience to any properly enacted law, regardless of
whether that law is just or moral.
d. Defines law as the behavior of those persons and institutions charged with
enforcing and applying the law, rather that the law as it appears in written
form. - correct answer D The common law:
a. Only can change or grow through an amendment by the legislature.
b. Applies only in situations that are governed by statutes or other positive
law.
c. Prevails over a conflicting constitutional provision.
d. Is judge-made law that controls if no other type of law applies. - correct answer D
Which of the following will defeat a federal administrative regulation in case of a
clash between them?
a. A state statute.
b. A treaty.
c. The common law.
d. An equitable principle. - correct answer : B [The answer is B because a federal treaty is deemed to
carry more weight/ is given a higher priority than a federal
administrative agency regulation. And, remember that
treaties can only be made/passed at the federal level.]
Which of the following jurisprudential schools would be most likely to say that
judge should just follow the law as it's written, and not worry about anything
else?
a. Natural law
b. Legal positivism
c. Legal realism - correct answer B
In case of a clash between them, which of the following will defeat a federal
administrative regulation?
a. A state statute
b. A state constitutional provision.
c. A federal statute.
d. A common law rule.
e. Two of the above - correct answer C [The answer is C because a federal statute is passed by
congress and a administrative regulation is passed by an
administrative agency. The former takes precedence over
the latter if there is a conflict!!]
Which of the following is both civil and procedural?
a. The law of negligence (which is a tort).
b. A statute imposing a jail sentence for rape.
c. The rules for presenting evidence at a trial.
d. A statute imposing a fine for speeding - correct answer C. (Negligence is civil and also substantive law, not procedural).
This question lists some common statements about law. Which of those
statements is most typical of natural law? a. "Justice is what the judge ate for breakfast."
b. "An immoral law isn't really law."
c. "The law has to keep us with the changing times."
d. "You should obey the law because it's the law" - correct answer B
Only the federal legislature can enact statutes. - correct answer F [The answer is false because state legislatures can also enact statutes!]
Maryland Country was being sued by a former prisoner who claimed she was
sexually harassed, assaulted and battered by the sheriff while being held in the
county jail on a drunk and disorderly charge. This is a criminal law suit. - correct answer
F [The answer is false because this would be a civil lawsuit for
money damages. Read the question closely!!]
The legal rights you have termed substantive law and the way you go about
enforcing these rights is referred to as procedural law. - correct answer T
Lacy Peters is suing Jack Smith for the intentional tort of emotional distress. Last
year a similar case in this same court defined the requirements of this typical
lawsuit. The prior case will have no influence on Lacy's case. - correct answer F
Wilfred was hit by Sally, a neighbor, when he went to confront Sally about her
car blocking the entrance to his driveway. Wilfred can sue Sally in criminal court. - correct answer F [The answer is false because this would also be a civil lawsuit for
money damages. Also, only the state/government can bring a
criminal action; not a private party, like Wilfred. Again, read the
question closely!!]
Most administrative agencies such as FCC, INS, IRS, and EPA were created by
Congress to oversee the respective legislation created by Congress. In other
words, for example, the IRS was created to regulate and administer the Federal
Internal Revenue Code enacted by Congress. - correct answer T
Mitchell v. Noring is a contract case decided in 1990. The Anderson v. Holmes
case being decided today is similar. The Mitchell case is a precedent. - correct answer T
Nazi war criminals, those convicted of crimes against humanity by the
international tribunal of judges at Nuremberg, were convicted by applying the
principles of natural law. - correct answer T
Common law refers to:
a. law that is the same or similar in all the states
b. law that is made when judges decide cases and then follow those decisions in
later cases
c. law made by legislatures in the form of statutes
True or false: Administrative agencies get the power to make law through a process called
delegation. - correct answer T
True or false: The government cannot be a party to a civil suit - correct answer F. For example, you can sue the government for money damages.
True or false: A state homicide statute is both criminal and substantive. - correct answer T
True or false: To a legal positivist, morality or rightness is an essential component of any
valid law. - correct answer F
True or false: Because the U.S. Constitution says that the president only executes the laws,
the President never makes laws. - correct answer False. For example, the president can make/issue executive orders
which are a type/form of law
True or false: A treaty defeats an inconsistent state constitutional provision in case of clash
between them. - correct answer T. It does so because of the Supremacy Clause in the U.S.
Constitution.
True or false: Today, our common law courts tend to take an instrumentalist attitude
toward law, viewing it as a flexible tool for accomplishing various social
purposes. - correct answer T
. The school of jurisprudence known as Legal Realism:
a. Views laws as a social ordering process that reflects current American
society's dominant interests and values.
b. Believes that unjust or immoral laws do not deserve to be regarded as law,
and should not be enforced or obeyed.
c. Would advocate obedience to any properly enacted law, regardless of
whether that law is just or moral.
d. Defines law as the behavior of those persons and institutions charged with
enforcing and applying the law, rather that the law as it appears in written
form. - correct answer D The common law:
a. Only can change or grow through an amendment by the legislature.
b. Applies only in situations that are governed by statutes or other positive
law.
c. Prevails over a conflicting constitutional provision.
d. Is judge-made law that controls if no other type of law applies. - correct answer D
Which of the following will defeat a federal administrative regulation in case of a
clash between them?
a. A state statute.
b. A treaty.
c. The common law.
d. An equitable principle. - correct answer : B [The answer is B because a federal treaty is deemed to
carry more weight/ is given a higher priority than a federal
administrative agency regulation. And, remember that
treaties can only be made/passed at the federal level.]
Which of the following jurisprudential schools would be most likely to say that
judge should just follow the law as it's written, and not worry about anything
else?
a. Natural law
b. Legal positivism
c. Legal realism - correct answer B
In case of a clash between them, which of the following will defeat a federal
administrative regulation?
a. A state statute
b. A state constitutional provision.
c. A federal statute.
d. A common law rule.
e. Two of the above - correct answer C [The answer is C because a federal statute is passed by
congress and a administrative regulation is passed by an
administrative agency. The former takes precedence over
the latter if there is a conflict!!]
Which of the following is both civil and procedural?
a. The law of negligence (which is a tort).
b. A statute imposing a jail sentence for rape.
c. The rules for presenting evidence at a trial.
d. A statute imposing a fine for speeding - correct answer C. (Negligence is civil and also substantive law, not procedural).
This question lists some common statements about law. Which of those
statements is most typical of natural law? a. "Justice is what the judge ate for breakfast."
b. "An immoral law isn't really law."
c. "The law has to keep us with the changing times."
d. "You should obey the law because it's the law" - correct answer B
Only the federal legislature can enact statutes. - correct answer F [The answer is false because state legislatures can also enact statutes!]
Maryland Country was being sued by a former prisoner who claimed she was
sexually harassed, assaulted and battered by the sheriff while being held in the
county jail on a drunk and disorderly charge. This is a criminal law suit. - correct answer
F [The answer is false because this would be a civil lawsuit for
money damages. Read the question closely!!]
The legal rights you have termed substantive law and the way you go about
enforcing these rights is referred to as procedural law. - correct answer T
Lacy Peters is suing Jack Smith for the intentional tort of emotional distress. Last
year a similar case in this same court defined the requirements of this typical
lawsuit. The prior case will have no influence on Lacy's case. - correct answer F
Wilfred was hit by Sally, a neighbor, when he went to confront Sally about her
car blocking the entrance to his driveway. Wilfred can sue Sally in criminal court. - correct answer F [The answer is false because this would also be a civil lawsuit for
money damages. Also, only the state/government can bring a
criminal action; not a private party, like Wilfred. Again, read the
question closely!!]
Most administrative agencies such as FCC, INS, IRS, and EPA were created by
Congress to oversee the respective legislation created by Congress. In other
words, for example, the IRS was created to regulate and administer the Federal
Internal Revenue Code enacted by Congress. - correct answer T
Mitchell v. Noring is a contract case decided in 1990. The Anderson v. Holmes
case being decided today is similar. The Mitchell case is a precedent. - correct answer T
Nazi war criminals, those convicted of crimes against humanity by the
international tribunal of judges at Nuremberg, were convicted by applying the
principles of natural law. - correct answer T
Common law refers to:
a. law that is the same or similar in all the states
b. law that is made when judges decide cases and then follow those decisions in
later cases
c. law made by legislatures in the form of statutes
