BUSAD 120 - Business Law » Fall 2022 » Chapter 1 Study Guide Quiz
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Question #1
A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged
A.
the provisions will be balanced to reach a compromise.
B.
the U.S. Constitution, not the state provision, will be enforced.
C.
neither provision will be enforced.
D.
the state provision, not the U.S. Constitution, will be enforced.
Question #2
Beth is a victim of Carl’s violation of a criminal law. Criminal law is concerned with
A.
the prosecution of private individuals by other private individuals.
B.
the prosecution of public officials by private individuals.
C.
wrongs committed against the public as a whole.
D.
the relief available when a person’s rights are violated.
Question #3
Data Analytics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as
A.
all of the choices.
B.
the manufacturing and marketing of products.
C.
hiring and firing decisions.
D.
business financing.
Question #4
Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term
A.
equitable maxims.
B.
civil law.
C.
cyberlaw.
D.
IRAC.
Question #5
In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent
A.
is incorrect or inapplicable.
B.
would lead to unintended consequences.
C.
would not bring about the result the judge prefers.
D.
is not in line with the judge’s personal values
Question #6
Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund Jane’s payment. Jane is
A.
the plaintiff.
B.
the persuasive authority.
C.
the defendant.
D.
the binding authority.
Question #7
Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find cases on point—previously decided cases that, in relation to the case under consideration, are
A.
as similar as possible.
B.
as different as possible.
C.
at odds.
D.
exactly identical.
Question #8
Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves
A.
rescission.
B.
an injunction.
C.
specific performance.
D.
an action that the court cannot order.
Question #9
Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is
A.
damages.
B.
rescission.
C.
specific performance.
D.
beyond the court’s authority.
Question #10
Sara believes that she has a strong case against Tom for the breach of an employment contract. Despite this belief, Sara cannot file a suit against Tom after the expiration of the time allowed for the filing under
A.
the remedy at law.
B.
a statute of limitations.
C.
an equitable maxim.
D.
the doctrine of laches.
Question #11
The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by
A.
the state of Pennsylvania only.
B.
no one.
C.
the federal government only.
D.
the United States Supreme Court only.
Question #12
The U.S. Congress enacts a new federal statute that imposes liability on businesses hiring employees without verifying their citizenship status. This statute applies
A.
only to businesses not covered by state law.
B.
the manufacturing and marketing of products.
C.
to all of the states.
D.
to none of the states.
Question #13
Although cases may be similar, no two cases are ever identical in all respects.
A.
False
B.
True
Question #14
Decisions by higher courts are not binding on lower courts.
A.
False
B.
True
Question #15
In most legal controversies, there is one single correct result.
A.
False
B.
True
Question #16
Laws and government regulations affect almost all business activities.
A.
True
B.
False
Question #17
Procedural law consists of all laws that outline the methods of enforcing rights.
A.
False
B.
True
Question #18
The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended.
A.
True
B.
False
Question #19
The decisions made by the courts establish the boundaries of the law as it applies to almost all business relationships.
A.
True
B.
False
Question #20
The party against whom a lawsuit is brought is the plaintiff or petitioner.
A.
True
B.
False
Question #21
The U.S. Constitution is the basis of all law in the United States.
A.
False
B.
True
Question #22
The U.S. Constitution reserves to the federal government all powers not granted to the states.
A.
True
B.
False
Question #23
The Uniform Commercial Code has been adopted in all fifty states.
A.
True
B.
False
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