BUSAD 120 - Business Law » Winter 2024 » Brief Hypotheticals 01.1
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Question #1
Assume that Congress passes a law establishing a new administrative agency to oversee cyberterrorism issues. The agency writes rules to enable itself to carry out its duties. The rules written by the agency will be known as:
A.
a Restatement of the Law.
B.
administrative law.
C.
constitutional law.
D.
statutory law.
Question #2
The Indiana state legislature passes a law increasing the minimum jail time for repeat violent offenders. This law becomes part of a body of law known as:
A.
administrative law.
B.
statutory law.
C.
uniform law.
D.
case law.
Question #3
The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act:
A.
becomes the law in every state that has joined the NCCUSL.
B.
becomes the law in every state that adopts the uniform act through legislative action.
C.
automatically becomes the law in every state.
D.
becomes a part of the United States Code and is therefore the law of the land in every state and territory of the United States.
Question #4
Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of:
A.
laches.
B.
stare decisis.
C.
courts of equity
D.
constitutional constructionism.
Question #5
All of the cases that have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as:
A.
the civil law.
B.
the common law.
C.
the law of equity.
D.
the statutory law.
Question #6
Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of:
A.
damages.
B.
injunction.
C.
specific performance.
D.
rescission.
Question #7
A case comes before a Wisconsin state trial court on the subject of free speech on the internet. It is a case of first impression, meaning that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to consider:
A.
equitable maxims.
B.
public policy.
C.
social values and customs.
D.
cases from other jurisdictions.
Question #8
Tyler believes that some laws passed by his state's legislature are bad, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people and that it is above all other laws. Tyler subscribes to what school of jurisprudential thought?
A.
The positivist school
B.
The school of legal realism
C.
The natural law school
D.
The historical school
Question #9
Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. In the case, the original defendant (Franklin) is appealing his conviction by the State of Idaho. In the appeals case, Franklin is known as the:
A.
defendant.
B.
appellee.
C.
respondent.
D.
appellant.
Question #10
The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called:
A.
a uniform law.
B.
an administrative rule.
C.
an ordinance.
D.
a citation.
Question #11
Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of the United States and confirmed by the U.S. Senate. He is to serve for a six-year fixed term and cannot be removed without cause (even if there is a change in the president). Joseph is most likely serving in:
A.
a cabinet post.
B.
a congressional committee.
C.
an executive agency.
D.
an independent agency.
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