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 Magna Carta.
B.   the Declaration of Independence.
C.   the U.S. Constitution.
D.   the United Nations Universal Declaration of Human Rights.
Question #2
A state's constitution is a primary source of law in that state.
A.   FALSE
B.   TRUE
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 source of statutory law
C.   is the only document considering entirely of Administrative Law
D.   is considered the supreme over all others
Question #4
Statutes are enacted by either the U.S. _________ or state __________.
A.   Congress, agencies
B.   Congress, legislatures
C.   House of Lords, commissions
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 are prohibited from adjudicating disputes regarding their own regulations.
C.   They perform specific government functions delegated to them by the legislature.
D.   They can be created under the power of the executive branch or Congress.
Question #8
The Federal Trade Commission is an example of a(n)
A.   state agency
B.   congressional committee
C.   independent regulatory agency
D.   dependent agency under the executive branch
Question #9
Enabling legislation:
A.   creates a subdivision of Congress, made up of Senators and Representatives, to oversee an issue.
B.   enables the citizens of the United States to gain direct access to the federal courts.
C.   enables an administrative agency to ignore federal rules and make their own.
D.   creates an administrative agency and gives the agency powers.
Question #10
A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.
A.   FALSE
B.   TRUE
Question #11
The Latin term stare decisis means:
A.   to stand on the statutory language.
B.   to stand as a witness.
C.   to stand on decided cases.
D.   to stare on principle.
Question #12
Match the following type of authority to its correct description. Persuasive authority
A.   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.
B.   A source of law that a court must follow when deciding a case.
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.   governing regulations
C.   applicable constitutions
D.   court decisions from a higher court in the jurisdiction
E.   opinions from experts in the field
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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