Score:: Points %

1/27/22, 11:16 PM Assignment Print View
Score: 400/400 Points 100 %

1. Award: 10 out of 10.00 points
If Judge Oh were a person who believed in the wisdom of legal positivism, he would
_____________________.

be less concerned with the morality of the law than with the need to obey the law
References
Multiple Choice Difficulty: 2 Medium Learning Objective: 01-06 What are the
various schools of jurisprudence?
If Judge Oh were a person who believed in the wisdom of legal positivism, he would
_____________________.

be less concerned with the morality of the law than with the need to obey the law

Explanation:
Legal positivism urges adherence to the law, rather than seeing the law as an instrument of morality.
https://ezto.mheducation.com/hm.tpx?todo=C15PrintView&wid=13252711538253314&role=student&sid=13252711554972965 1/33


For Judge Oh to be comfortable with natural law as a legal philosophy, which of the following would
need to be true?

The higher law is that the weaker members of society should be protected by the
law.
References
For Judge Oh to be comfortable with natural law as a legal philosophy, which of the following would
need to be true?

The higher law is that the weaker members of society should be protected by the law.

Explanation:
Judge Oh would recognize the ethical superiority of protecting the vulnerable of society.

Which of the following is a true statement about legal philosophy?

Legal philosophy helps shape all law.
References
Which of the following is a true statement about legal philosophy?

Legal philosophy helps shape all law.

Explanation:
The habits, emotions, and values of those who make the law are always shaping factors.


Obedience to precedent is especially powerful among believers in which legal philosophy?

Tradition.
References
Obedience to precedent is especially powerful among believers in which legal philosophy?

Tradition.

Explanation:
Obedience to precedent is a form of respect for tradition and stability.


Tradition and legal positivism share __________________.

a respect for stability
References
Tradition and legal positivism share __________________.

a respect for stability

Explanation:
Obedience to the law and preservation of the order provided by previous laws lie at the heart of both
of these legal philosophies.

Fairness is the central guide for which legal philosophy?

Identification with the vulnerable.
References
Fairness is the central guide for which legal philosophy?

Identification with the vulnerable.

Explanation:
The rationale for focusing on the vulnerable is tied closely to concern about fairness.


In critical thinking language, what do we call the court's decision?

Conclusion.
References
Multiple Choice Difficulty: 2 Medium Learning Objective: Appendix 1A Critical

Thinking and Business Law
In critical thinking language, what do we call the court's decision?

Conclusion.

Explanation:
When a court hears a case, it issues a decision. The decision is the court's response to an issue that
resulted in the case being filed. In other words, it is the court's conclusion.


Why are the differences between a precedent and the current case important?

There should be few differences for the legal reasoning in the precedent to apply in
the current case.
References

Why are the differences between a precedent and the current case important?

There should be few differences for the legal reasoning in the precedent to apply in the current case.

Explanation:
Choosing a precedent should be the result of examining the similarities and differences between the
current case and each of the precedents the court is considering as a basis for its new decision.
Fewer differences means that the precedent applies more strongly to the current case.

When we ask why a particular decision was made by a court, we are expressing which of the
following?

A respectful desire to understand the reasons for the court's decision.
rev: 01_13_2018_QC_CS-113876, 01_21_2018_QC_CS-114645
References

When we ask why a particular decision was made by a court, we are expressing which of the
following?

A respectful desire to understand the reasons for the court's decision.
rev: 01_13_2018_QC_CS-113876, 01_21_2018_QC_CS-114645

Explanation:
We are asking "why" not to disagree with the court. Rather, we are asking whether there is a
reasonable basis for the conclusion so that we can make the reasoning our own.


_________ refers to the rules and regulations created by the legislature.
 Uniform law
 Civil law
✓  Statutory law
 Procedural law
 Constitutional law
Statutory law refers to the rules/regulations created by the legislature.
References
Multiple Choice Difficulty: 1 Easy Learning Objective: 01-05 What are the
sources of the law?


If a judge ruled in a legal case that immigration law justifies the detaining of undocumented immigrant
workers, but in the same ruling added that her application of the law does not necessarily mean that
the law is morally correct, then the judge is likely adhering to which of the following principles?
 Stare decisis
 Legal realism
 Cost-benefit analysis
 Natural law
✓  Legal positivism
Legal positivism views our proper role as obedience to duly authorized law despite its not necessarily
being morally correct.
References


Which of the following answer choices is a necessary but questionable assumption that a judge takes
for granted when applying precedent?
 The judge assumes that decisions made in different time periods are never significantly
different from one another.
✓  The judge assumes that past legal practice is the product of careful thought.
 The judge is following the doctrine of stare decisis.
 The judge is assuming that the historical school of jurisprudence is flawed.
 The judge assumes that cost-benefit analysis can be properly applied in any time period.
The judge must assume that past legal practice is the product of careful thought because if it wasn’t,
then there would be little reason to appeal to past decisions.
References
Multiple Choice Difficulty: 3 Hard Learning Objective: 01-06 What are the

_____ consists of the enforceable rules of conduct that govern commercial relationships.
 Work ethic
 Organizational value
✓  Business law
 Organizational norm
Business law consists of the enforceable rules of conduct that govern commercial relationships. In
other words, buyers and sellers interact in market exchanges within the rules that specify the
boundaries of legal business behavior.
References
Multiple Choice Difficulty: 1 Easy Learning Objective: 01-01 What is business

law?


Betty’s Bakery has a three-year agreement with Frank’s Farm to purchase ten dozen eggs every
week. After two years, Betty’s Bakery wants to change the suppliers that will lead to a breach of their
agreement. Which area of business law will best govern the legal aspects of this decision?
 Environmental law
 Consumer law
✓  Contract law
 Farm law
Contract law will govern the legal aspects of this decision. Business activities must follow legal
guidelines. All contracts, employment decisions, and payments to a supplier are constrained and
protected by business law. Each of the six functional areas of business—management, production and
transportation, marketing, research and development, accounting and finance, and human resource
management—sits on a foundation of business law.
References
Multiple Choice Difficulty: 2 Medium Learning Objective: 01-02 How does

business law relate to business education?


Which of the following is an intended and essential purpose of law?
 To increase dependency on the political system.
 To demand respect from civilians.
 To limit individual freedom.
✓  To encourage social justice.
The purposes of law include: providing order such that one can depend on a promise or an expectation
of obligations, serving as an alternative to fighting, facilitating a sense that change is possible, but only
after a rational consideration of options, encouraging social justice, guaranteeing personal freedoms,
and serving as a moral guide by indicating minimal expectations of citizens and organizations.
References
purposes of law?


Which of the following laws would govern a dispute between a tenant and a landlord over payment of
rent?
 Public law
✓  Private law
 Criminal law
 Administrative law
Private law would govern a dispute between a tenant and a landlord over payment of rent. Private law
regulates disputes between private individuals or groups.
References
Multiple Choice Difficulty: 2 Medium Learning Objective: 01-04 What are

alternative ways to classify the law?


A pharmaceutical company has been regularly dumping its hazardous waste in a nearby lake. This has
led to serious health issues among people living in the neighborhood. Which of the following laws will
regulate this incident?
 Private law
 Consumer law
 Tort law
✓  Public law
Public law will regulate this incident. Public law controls disputes between private individuals or groups
and their government.
References
Multiple Choice Difficulty: 3 Hard Learning Objective: 01-04 What are



Its managing director misappropriated the expenses and the incomes of a publicly held company.
When the incident came to light, the share value of the company fell drastically. Which of the following
laws will regulate this incident?
 Private law
 Environmental law
✓  Criminal law
 Civil law
Criminal law will regulate this incident. Criminal law regulates incidents in which someone commits an
act against the public as a whole, such as by conducting insider trading on the stock exchange.
References
Multiple Choice Difficulty: 3 Hard Learning Objective: 01-04 What are



While civil law involves the right between people and people and the governments, criminal law
 is only applicable for transactions between two individuals.
 requires that the defendant must be found guilty by a preponderance of evidence.
✓  applies to acts that are considered to be against society.
 deals with personal issues like marriage and divorce.
Civil defendants who are found not liable are never incarcerated.
References
Multiple Choice Difficulty: 2 Medium Learning Objective: 01-04 What are



Laws created by the legislature are called
 case laws.
 common laws.
✓  statutory laws.
 administrative laws.
The assortment of statutes, or rules and regulations put forth by legislatures, is what we call statutory
law. These legislative acts are written into the United States Code when they are passed by Congress
or into the appropriate state codes when they are enacted by state legislatures.
References
sources of the law?


Wong owned a laundry in Aurora, Colorado, but has moved to Salt Lake City, Utah, for personal
reasons. He wants to establish another laundry in the new city. He can find information regarding local
taxes if he refers to the
 U.S. Constitution.
✓  county ordinances.
 United States Code.
 common law.
Business managers must be familiar with the local city and county ordinances that govern matters not
covered by federal or state codes. These ordinances address important business considerations such
as local taxes, environmental standards, zoning, and building codes.
References
Multiple Choice Difficulty: 3 Hard Learning Objective: 01-05 What are the
sources of the law?


_____ is best described as the collection of legal interpretations made by judges.
 Uniform law
 Constitutional law
✓  Common law
 Statutory law
Case law, also called common law, is the collection of legal interpretations made by judges. These
interpretations are law unless revoked later by new statutory law.
References
sources of the law?

If the Food Safety and Inspection Service (FSIS), a government agency, requires the labeling on egg
cartons to include the product’s expiry date, the law that would cover this rule would be
 common law.
✓  administrative law.
 statutory law.
 constitutional law.
The law that would cover this rule would be administrative law. Administrative law is the collection of
rules and decisions made by government agencies.
References
sources of the law?


A(n) _____ is best described as a binding agreement between two states or international
organizations.
 promissory note
✓  treaty
 cartel
 equity alliance
A treaty is a binding agreement between two states or international organizations. It may be an

international agreement, a covenant, an exchange of letters, a convention, or protocols.
References
sources of the law?

Natural law _____
 uses judge created rules.
 uses tradition or custom for shaping laws.
✓  describes certain ethical laws and principles believed to be morally right and “above” the laws
devised by humans.
 is based on the idea that judges need to consider more than just the law.
The term “natural law” describes certain ethical laws and principles believed to be morally right and
“above” the laws devised by humans. Under natural law individuals have not only basic human rights
but also the freedom to disobey a law enacted by people if their conscience goes against it and they
believe it is wrong.
References

The concept of _____ ensures that morality does not interfere with our inclination to obey the law.
 natural law
✓  legal positivism
 stare decisis
 restatements of the law
The concept of legal positivism ensures that morality does not interfere with our inclination to obey the
law. The concept sees one’s proper role as obedience to duly authorized law.
References


On which of the following tenets does the concept of legal realism primarily rest?
✓  Law can never be enforced with complete consistency because the environment is ever
changing.
 Basing current judgments exclusively on past court decisions ensures social justice.
 Individuals have basic human rights, but they do not have the freedom to disobey a law
enacted by people if their conscience goes against it.
 When we follow tradition, we link our behavior to the behavior of those who faced similar
problems in earlier periods.
Legal realism rests on the tenet that law can never be enforced with complete consistency because the
environment is ever changing. Legal realism is based on the idea that, when ruling on a case, judges
need to consider more than just the law; they also weigh factors such as social and economic
conditions, since legal guidelines were designed by humans and exist in an ever-changing
environment.
References


Which of the following does not determine what market participants may or may not legally do?
 Constitutions
✓  Corporations
 Legislatures
 Courts
Constitutions, legislatures, regulatory bodies, and courts spell out what market participants may or may
not legally do.
References
Multiple Choice Difficulty: 1 Easy Learning Objective: 01-01 What is business

law?

Civil law involves
 situations in which an individual commits an act against society.
 responsibilities in relationships between persons only.
 remedies available when someone’s rights are violated.
✓  responsibilities between people and people as their government.
Civil law involves the rights and responsibilities found in relationships between people and people as
their government.
References
Multiple Choice Difficulty: 1 Easy Learning Objective: 01-04 What are



Which of the following is not an appropriate category/classification of law?
 Civil law
 Private law
✓  “Quasi-criminal” law
 Cyberlaw
Civil law, private law, and Cyberlaw are appropriate categories of law.
References
Multiple Choice Difficulty: 1 Easy Learning Objective: 01-04 What are


All of the following include relevant areas of business law with respect to corporate management
except
 white-collar crimes.
 antitrust law.
 employment law.
✓  property law.
Each of the six functional areas of business—management, production and transportation, marketing,
research and development, accounting and finance, and human resource management—sits on a
foundation of business law.
References
Multiple Choice Learning Objective:

01-02 How does
business law relate
to business
education?
Difficulty: 1 Easy Learning Objective:

01-04 What are
alternative ways to
classify the law?

Which of the following is a purpose of law?
 Provide order.
 Encourage social justice.
 Guarantee personal freedoms.
✓  All of these are correct.
Purposes of the Law include: Providing order, serving as an alternative to fighting, facilitate a sense
that change is possible, encourage social justice, guarantee personal freedoms, and serve as a moral
guide.
References
purposes of law?

Legal interpretations by judges are called common law, which is also know as
 corpus juris secundum.
✓  case law.
 statutory law.
 executive order.
Case law, or common law, is a collection of legal interpretations made by judges.
References
sources of the law?

When courts rely on precedent, they are obeying the principle of __________
✓  stare decisis.
 nolo contendere.
 res ipsa loquitur.
 lux libertas.
Stare decisis, or “standing by the decision," is a principle stating that rulings made in higher courts are
binding precedent for lower courts.
References
sources of the law?


Which of the following is an example of a major independent federal administrative agency?
✓  The Consumer Product Safety Commission.
 The Republican National Committee.
 The Veteran’s Administration.
 The Occupational Safety and Health Administration.
The Consumer Product Safety Commission (CPSC) is an independent federal administrative agency.
References
sources of the law?

The __________ laws include sales laws and other regulations affecting commerce, such as bank
deposits and collections, title documents, and warranties.
rev: 09_19_2017_QC_CS-97770
 Compendium of State Commercial Codes (CSCC)
 Non-Uniform Sales Code (NUSC)
✓  Uniform Commercial Code (UCC)
 Uniform International Commercial Code (UICC)
The UCC is a significant body of law for many business activities.
References


Business law consists of the enforceable rules of conduct that govern commercial relationships.
✓  True
 False
Business law consists of the enforceable rules of conduct that govern commercial relationships.
References
True / False Difficulty: 1 Easy Learning Objective: 01-01 What is business

law?


Criminal law lays out the rights and responsibilities implied in relationships between persons.
 True
✓  False
Civil law controls lays out the rights and responsibilities implied in relationships between persons.
References
True / False Learning Objective:

01-04 What are
alternative ways to
classify the law?
Difficulty: 2
Medium


Statutory law is the supreme law of the land and the foundation for all laws in the United States.
 True
✓  False
The U.S. Constitution is the supreme law of the land, and the foundation for all laws in the United
States.
References

01-05 What are the
sources of the law?
Difficulty: 2
Medium


Another name for case law is common law.
✓  True
 False
Case law, also called common law, is the collection of legal interpretations made by judges.
References

01-05 What are the
sources of the law?
Difficulty: 1 Easy

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1/27/22, 11:16 PM Assignment Print View

Score: 400/400 Points 100 %

Which of the following is a true statement about legal philosophy?

Which of the following is a true statement about legal philosophy?

Obedience to precedent is especially powerful among believers in which legal philosophy?

Obedience to precedent is especially powerful among believers in which legal philosophy?

Obedience to precedent is a form of respect for tradition and stability.

Tradition and legal positivism share __________________.

Tradition and legal positivism share __________________.

Fairness is the central guide for which legal philosophy?

Fairness is the central guide for which legal philosophy?

In critical thinking language, what do we call the court's decision?

Multiple Choice Difficulty: 2 Medium Learning Objective: Appendix 1A Critical

In critical thinking language, what do we call the court's decision?

Multiple Choice Difficulty: 2 Medium Learning Objective: Appendix 1A Critical

Multiple Choice Difficulty: 2 Medium Learning Objective: Appendix 1A Critical

_________ refers to the rules and regulations created by the legislature.

Statutory law refers to the rules/regulations created by the legislature.

 The judge is following the doctrine of stare decisis.

 The judge is assuming that the historical school of jurisprudence is flawed.

Multiple Choice Difficulty: 1 Easy Learning Objective: 01-01 What is business

Multiple Choice Difficulty: 2 Medium Learning Objective: 01-02 How does

Which of the following is an intended and essential purpose of law?

 To increase dependency on the political system.

 To demand respect from civilians.

 To limit individual freedom.

✓  To encourage social justice.

Multiple Choice Difficulty: 2 Medium Learning Objective: 01-04 What are

Multiple Choice Difficulty: 3 Hard Learning Objective: 01-04 What are

Multiple Choice Difficulty: 3 Hard Learning Objective: 01-04 What are

 is only applicable for transactions between two individuals.

 requires that the defendant must be found guilty by a preponderance of evidence.

✓  applies to acts that are considered to be against society.

 deals with personal issues like marriage and divorce.

Multiple Choice Difficulty: 2 Medium Learning Objective: 01-04 What are

Laws created by the legislature are called

 United States Code.

_____ is best described as the collection of legal interpretations made by judges.

A treaty is a binding agreement between two states or international organizations. It may be an

Natural law _____

 uses judge created rules.

 uses tradition or custom for shaping laws.

 restatements of the law

Multiple Choice Difficulty: 1 Easy Learning Objective: 01-01 What is business

Civil law involves

 situations in which an individual commits an act against society.

 responsibilities in relationships between persons only.

 remedies available when someone’s rights are violated.

✓  responsibilities between people and people as their government.

Multiple Choice Difficulty: 1 Easy Learning Objective: 01-04 What are

Which of the following is not an appropriate category/classification of law?

Multiple Choice Difficulty: 1 Easy Learning Objective: 01-04 What are

Multiple Choice Learning Objective:

Difficulty: 1 Easy Learning Objective:

Which of the following is a purpose of law?

 Encourage social justice.

 Guarantee personal freedoms.

✓  All of these are correct.

 corpus juris secundum.

Case law, or common law, is a collection of legal interpretations made by judges.

 res ipsa loquitur.

Which of the following is an example of a major independent federal administrative agency?