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Exam (elaborations)

BUL 5810 - EXAM 1 QUESTIONS & ANSWERS

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BUL 5810 - EXAM 1 QUESTIONS & ANSWERS

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BUL 5810 - EXAM 1 QUESTIONS & ANSWERS

Law - Answer -A rule of civil conduct prescribed by the supreme power in a state.

Which of the following is a function of the law in the United States?

a. Maintain stability while simultaneously permitting change.

b. Preserving the right of landholders to control the government.

c. To establish a governmentally headed religion.

d. To create a monarchy - Answer -A.

Which of the following is a remedy that can only be obtained from a court acting in its
powers of equity?

a. Evidence.

b. Money damages.

c. An injunction.

d. Stare decisis. - Answer -C

The Constitution of the United States puts into place which central principle of our
government? - Answer -Separation of powers

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: - Answer -Specific performance

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: - Answer -Substantive Law

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? - Answer -
Preservation of the state

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?

, Why or Why not? - Answer -No, a treaty is an agreement among independent nations
and Texas is not an independent nation

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? - Answer -
Equity

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: - Answer -
appellant

If the case of Johnson v. Texas was decided by the United States Supreme Court,
where would the opinion of the court be published? - Answer -U.S. Supreme Court
Reports

When applying substantive law the court considers what sort of legal rights? - Answer -
The rules that regulate legal rights

such as contract law under a binding contract

If the Supreme Court of the U.S. is examining state legislation under provisions of
theU.S. Constitution, the Constitution would be paramount under what principle? -
Answer -The status of the U.S. Constitution of the supreme law of the land.

How would you compare the business law topics governed by the common law versus
those that are governed largely by statute? - Answer -Some business law topics are
governed by common law, but MOST areas of commercial law have become largely
statutory.

Curtis Williams was employed by Highway Construction Engineering Corporation
(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? - Answer -No, 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.

Functions of the Law (3) - Answer -1. Maintain Stability
a) dispute resolution
b) protection of property

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