Business Law Ch. 1

Congress can create a statute on any topic at all.
false
The case called Kuehn v. Pub Zone would reveal that Kuehn is the plaintiff, since the plaintiff is always listed first.
false
The doctrine of precedent is binding on all courts from county courts to the U.S. Supreme Court..
false
The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether. This kind of case involves
criminal law
President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was
a valid use of power based on Article II of the Constitution
The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom. This law is
a statute
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common law refers to
law made when judges decide cases and then follow those decisions in later cases.
In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and found a duty of care to avoid furnishing alcohol to underage consumers. If in 2008 a Flagstaff, Arizona plaintiff brings a lawsuit against an Arizona university’s fraternity for providing alcohol to members under the legal drinking age, the Hernandez v. Arizona Board of Regents case will serve as precedent.
true
A rule that establishes maximum length of work shifts for air traffic controllers demonstrates an agency imposing a regulation
true
Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process?
legal realism
Lawyers originated in Anglo-Saxon courts, where they were used to mediate disputes
false
Which of the following played a role in the creation of the U.S. government by solving the problem of federalism?
The Iroquois Native Americans
The United States Supreme Court has the power to
void laws passed by Congress
Wilfred was driving too fast for the icy road conditions and hit Sally’s car. Sally can sue Wilfred in criminal court.
false
Contemporary law’s principle of collective responsibility, such as all partners being personally responsible for the debts of the partnership, had its roots in the
Anglo-Saxon method of ensuring public order through tithing
In Anglo-Saxon society, men were put into groups of ten, known as a “tithing” and were individually held responsible for any injury caused by any member of the group. This is the forerunner of the idea of business partnerships.
true
When the Food and Drug Administration prohibits a certain drug from being marketed in the United States, this is
an agency regulation
Hasbro, Inc., the trademark owner of “Candy Land,” sought a court injunction to stop Internet Entertainment Group, LTD from using the domain name, “candyland.com.” Internet Entertainment Group had established a sexually explicit site at the domain name. This injunction would have to be issued by
a judge
Under the natural law theory of jurisprudence, an unjust law is no law at all.
true
If the title of an appellate court case appears as Jones v. Smith,
you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties.
Tony raped Jane in the parking lot of Joe’s Brew Pub. The District Attorney’s office prosecuted Tony on rape charges. Subsequently, Jane filed a lawsuit against Tony for money damages. Classify each legal action.
The District Attorney’s case was a criminal case; Jane’s lawsuit was a civil case.
The three branches of government in the United States are
the executive, legislative, and judicial
The President of the United States
can veto Congressional legislation
If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a 51% majority.
false
The federal judicial branch of the U.S. government
interprets statutes