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Exam 1: An Introduction to Dynamic Business Law

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Question 21

True/False

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The term "stare decisis" means "reversing the decision."

A) True
B) False

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Question 22

Multiple Choice

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If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on _____ law.

A) Public
B) Preferential
C) Consensual
D) Private
E) Black letter

F) B) and C)
G) A) and D)

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Question 23

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Discuss two ways referenced in the text by which a treaty between a foreign country and the U.S. is similar to a contract.

Judge Sally Justice, who is newly appointed to the bench, is presented with a question of law involving a cat named Chester who scratched a neighbor's antique jalopy. The neighbor, George, demands justice in the form of full payment from Chester's owner, Sue, and also requests that Chester be shipped to the local animal shelter. Sue says that she should not have to pay anything because Chester had never scratched before, that Chester should be allowed to stay in the neighborhood, and that she should be reimbursed for her legal fees by George who is a grump and never should have brought the lawsuit. Judge Justice is perplexed and wants to make a good decision since she is new to the bench. Describe how the judge should go about reaching a decision. Discuss in your answer the impact of cases from other jurisdictions assuming there is no relevant law in Judge Justice's jurisdiction. Also, assuming there is relevant law in Judge Justice's jurisdiction, discuss the applicable legal standard when case law conflicts with a later passed state statute.

Legislative acts passed by state legislatures can be found in the ______.

Which of the following is reported in the Code of Federal Regulations?

"The Stolen Book." Susan is told by Betty that Bob stole her business law book out of her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob had Susan arrested for slapping him, and the local district attorney is prepared to prosecute that matter on behalf of the state. Susan sues Bob for damages to the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. -Which of the following is true regarding Susan's claim against Bob for damages involving the book and her claim that Bob maliciously had her arrested?

Because of the law, we rely on the goodwill and dependability of one another.

"To the Dogs." Alice loves all animals and is starting a new grooming business for them. She believes that animals are very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Alice thinks, however, some local regulations make no sense. For example, there is a local ordinance that all dogs must be kept on a leash at all times when not in an inside area. Although Alice is placing her business on a large lot with a fenced outside area allowing plenty of room for dogs to run free, she plans to obey the leash regulation and all others. She is aware, however, that some members of the community have had success in changing local regulations by petitioning city council. Alice plans to proceed in that manner to attempt a change in the leash law. -Alice's plan to obey all laws and regulations even if she does not agree with them is rooted in which of the following?

Legislative acts passed by the U.S. Congress can be found in the ______.

"To the Dogs." Alice loves all animals and is starting a new grooming business for them. She believes that animals are very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Alice thinks, however, some local regulations make no sense. For example, there is a local ordinance that all dogs must be kept on a leash at all times when not in an inside area. Although Alice is placing her business on a large lot with a fenced outside area allowing plenty of room for dogs to run free, she plans to obey the leash regulation and all others. She is aware, however, that some members of the community have had success in changing local regulations by petitioning city council. Alice plans to proceed in that manner to attempt a change in the leash law. -Alice's idea that dogs have basic rights, and her plan to exceed laws involving cleanliness and health standards is rooted in which of the following?

Assume a business person who owns a computer equipment store is delinquent in paying rent to the landlord. The resulting dispute focuses on _____ law.

Which type of law delineates the rights and responsibilities involved in relationships between persons and their government?

Which of the following contains summaries of common law rules in a particular area of the law?

The _______ is the supreme law of the land.

The decision of a state supreme court is binding on a lower state court located in the state.

Assume a judge writes that she is deciding to enforce a law in question but that her decision does not mean that she sees the law as the morally correct rule. The judge would have leanings in the direction of ______.

"The Stolen Book." Susan is told by Betty that Bob stole her business law book out of her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob had Susan arrested for slapping him, and the local district attorney is prepared to prosecute that matter on behalf of the state. Susan sues Bob for damages to the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. -The action Bob has against Betty for defamation involves which of the following?

Explain the function of administrative agencies and why they are needed.

The ______ is a body of law significant to business activities including sales, banking, and warranty.