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 U.S. Constitution.
B.   the Declaration of Independence.
C.   the Magna Carta.
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 considered the supreme over all others
B.   is the only source of statutory law
C.   is the only document considering entirely of Administrative Law
D.   is the only law that is codified
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.   TRUE
B.   FALSE
Question #6
The _______ is a uniform law adopted by all states that facilitates business transactions.
A.   Interstate Commerce Code
B.   Uniform Negotiable Instruments Code
C.   Unifrom Commercial Code
D.   Model Uniform Business Practices Act
Question #7
Which of the following is not true of administrative agencies:
A.   They perform specific government functions delegated to them by the legislature.
B.   They create regulations which function like laws.
C.   They can be created under the power of the executive branch or Congress.
D.   They are prohibited from adjudicating disputes regarding their own regulations.
Question #8
The Federal Trade Commission is an example of a(n)
A.   independent regulatory agency
B.   state agency
C.   dependent agency under the executive branch
D.   congressional committee
Question #9
Enabling legislation:
A.   creates a subdivision of Congress, made up of Senators and Representatives, to oversee an issue.
B.   creates an administrative agency and gives the agency powers.
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.   FALSE
B.   TRUE
Question #11
The Latin term stare decisis means:
A.   to stare on principle.
B.   to stand on the statutory language.
C.   to stand as a witness.
D.   to stand on decided cases.
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.   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 #14
A binding authority does NOT include
A.   governing regulations
B.   court decisions from a higher court in the jurisdiction
C.   applicable constitutions
D.   opinions from experts in the field
E.   applicable statutes
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.   FALSE
B.   TRUE

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