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Business law

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Business law exam 1 Auburn Acct 2700
Questions And Answers.

Niether congress nor any state can pass a law that is - answer:-in conflict with the
constitution

We have a Federal form of government which means that - answer:-the national
government and the states share sovereign power

State regulatory powers are referred to as - answer:-Police Powers

Dormant commerce clause - answer:-The negative aspect of the commerce clause
which implies that the states do not have the power to regulate interstate commerce

Legal persons vs. natural persons - answer:-natural persons are individuals who benefit
from all ten privileges in the bill of rights, legal persons include business which count as
legal entities and benefit from SOME of the freedoms listed in the bill of rights

One primary source of American law is: - answer:-U.S. Constitution

T/F: State constitutions are a primary source of law - answer:-True

Law based on documents setting forth the general organization, powers, and limits of
the government is called - answer:-Constitutional Law

Of the US laws, the Constitution is - answer:-Supreme

If the supreme court determines that a state criminal law violates the fourth amendment,
that law will be declared - answer:-unconstitutional

Statutes, primary sources of law come from ______ and state and local ________. -
answer:-congress; legislatures

T/F Federal statutes do not apply to states, only to the Federal Government - answer:-
false

The _____ is a uniform law adopted by all states, that facilitates business transactions -
answer:-Uniform commercial code

Administrative agencies are created to - answer:-perform specific government functions
delegated to them by the legislature

The Federal Trade Commision is an example of - answer:-an independent regulatory
agency

, Business law exam 1 Auburn Acct 2700
Questions And Answers.

T/F In the English system, remedies at law consisted of any action or order that would
correct the wrong - answer:-False

Remedies in ______ include specific performance - answer:-equity

t/f: A precedent is a decision that furnishes an example or authority for deciding
subsequent cases involving similar legal principles and facts. - answer:-True

Part of common law tradition relies on the principle of - answer:-Stare Decisis

The latin term Stare Decisis means to - answer:-stand on decided cases

Binding authorities include - answer:-Constitutions, governing regulations, statutes,
decisions from higher courts in the jurisdiction

Three types of persuasive authority - answer:-non-binding precedents from other
jurisdictions
public policy issues
unpublished opinions

Generally speaking, the restatements of the law - answer:-summarize the common law
rules followed by most states.

Laws can be divided into what two categories? - answer:-procedural and substantive

Civil law can be described as - answer:-the law that governs relations between persons

T/F Cyberlaw is a new type of law. - answer:-False

The US Constitution created a _____ type of government - answer:-Federal

What powers do the states have to regulate or prohibit private activities? - answer:-
Police Powers

T/F State police powers only authorize state police forces. - answer:-FALSE

All powers expressly "reserved" to the states fall under the ______ amendment. -
answer:-Tenth

Article 1, Section 8 of the US Constitution impacts business greatly and is referred to as
the ____ clause - answer:-Commerce

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