BUSAD 120 - Business Law » Winter 2024 » Worksheet 01.1 Sources of American Law & The Common Law Tradition

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Question #1
One primary source of American law is:
A.   the United Nations Universal Declaration of Human Rights.
B.   the Declaration of Independence.
C.   the Magna Carta.
D.   the U.S. Constitution.
Question #2
A state's constitution is a primary source of law in that state.
A.   TRUE
B.   FALSE
Question #3
Of all U.S. laws, including state laws, the U.S. Constitution
A.   is the only law that is codified
B.   is the only document considering entirely of Administrative Law
C.   is considered the supreme over all others
D.   is the only source of statutory law
Question #4
Statutes are enacted by either the U.S. _________ or state __________.
A.   Congress, legislatures
B.   House of Lords, commissions
C.   Congress, agencies
Question #5
When the U.S. Congress passes federal statutes, states are not obligated to follow them.
A.   FALSE
B.   TRUE
Question #6
The _______ is a uniform law adopted by all states that facilitates business transactions.
A.   Model Uniform Business Practices Act
B.   Uniform Negotiable Instruments Code
C.   Interstate Commerce Code
D.   Unifrom Commercial Code
Question #7
Which of the following is not true of administrative agencies:
A.   They create regulations which function like laws.
B.   They can be created under the power of the executive branch or Congress.
C.   They are prohibited from adjudicating disputes regarding their own regulations.
D.   They perform specific government functions delegated to them by the legislature.
Question #8
The Federal Trade Commission is an example of a(n)
A.   dependent agency under the executive branch
B.   state agency
C.   independent regulatory agency
D.   congressional committee
Question #9
Enabling legislation:
A.   creates an administrative agency and gives the agency powers.
B.   creates a subdivision of Congress, made up of Senators and Representatives, to oversee an issue.
C.   enables an administrative agency to ignore federal rules and make their own.
D.   enables the citizens of the United States to gain direct access to the federal courts.
Question #10
A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.
A.   TRUE
B.   FALSE
Question #11
The Latin term stare decisis means:
A.   to stand as a witness.
B.   to stare on principle.
C.   to stand on decided cases.
D.   to stand on the statutory language.
Question #12
Match the following type of authority to its correct description. Persuasive authority
A.   A source of law that a court must follow when deciding a case.
B.   Any legal authority or source of law that a court may look to for guidance but does not need to follow when making a decision.
Question #13
Match the following type of authority to its correct description. Binding authority
A.   A source of law that a court must follow when deciding a case.
B.   Any legal authority or source of law that a court may look to for guidance but does not need to follow when making a decision.
Question #14
A binding authority does NOT include
A.   applicable statutes
B.   opinions from experts in the field
C.   governing regulations
D.   applicable constitutions
E.   court decisions from a higher court in the jurisdiction
Question #15
Remedies ____________ include specific performance.
A.   in absentia
B.   at law
C.   in equity
Question #16
Today, most jurisdictions maintain separate courts of equity and courts of law.
A.   TRUE
B.   FALSE

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