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B4. The Uniform Commercial Code has been adopted in all fifty states.
B5. Federal agency regulations take precedence over conflicting state agency
regulations.
B6. Common law is a term for the laws that are familiar to most of us.
B8. Stare decisis is a doctrine obligating judges to help persons who have failed to
protect their own rights.
B11. Although cases may be similar, no two cases are ever identical in all respects.
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accessible website, in whole or in part.
CHAPTER 1: LAW AND LEGAL REASONING 3
B12. Each judge had his or her personal beliefs and philosophy, which shape the
legal reasoning process.
B14. The courts, in interpreting statutory law, often rely on the common law as a
guide to what the legislators intended.
B16. Procedural law consists of all laws that outline the methods of enforcing rights.
B17. A citation identifies the publication in which a legal authority can be found.
B18. The decisions made by the courts establish the boundaries of the law as it
applies to almost all business relationships.
B19. The party against whom a lawsuit is brought is the plaintiff or petitioner.
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accessible website, in whole or in part.
4 TEST BANK B—UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
B20. When all the judges (or justices) agree on a decision, a majority opinion is
written for the entire court.
MULTIPLE-CHOICE QUESTIONS
B2. The U.S. Congress enacts a new federal statute that imposes liability on
businesses hiring employees without verifying their citizenship status. This
statute applies
B3. A provision in the California state constitution conflicts with a provision in the
U.S. Constitution. If challenged
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accessible website, in whole or in part.
CHAPTER 1: LAW AND LEGAL REASONING 5
B4. The Pennsylvania legislature enacts a state law that violates the U.S.
Constitution. This law can be enforced by
a. no one.
b. the federal government only.
c. the state of Pennsylvania only.
d. the United States Supreme Court only.
B5. The Bay City Planning Department, the Coastal County Zoning Commission,
the Delaware Environmental Quality Agency, and the U.S. Bureau of Land
Management issue regulations. These rules constitute
a. administrative law.
b. case law.
c. stare decisis.
d. statutory law.
B6. Charles is a federal judge whose judicial decisions are part of case law, which
does not include interpretations of
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly
accessible website, in whole or in part.
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The following case is related by Mr. George Semple: Mrs. B——,
wife of John Breward, Simpson Green, near Idle, aged forty-nine, the
mother of nine children, the youngest of whom is twelve years old,
lost a daughter-in-law about a year ago, who died in about a fortnight
after giving birth to her first child. On her death, Mrs. B. took charge
of the infant, a little puny sickly baby. The child was so fretful and
uneasy, that Mrs. B. after many sleepless nights, was induced to
permit the child to take her nipple into its mouth. In the course of
from thirty to thirty-six hours she felt very unwell; her breasts
became extremely painful, considerably increased in size, and soon
after, to her utter astonishment, milk was secreted, and poured forth
in the same abundance as on former occasions, after the birth of her
own children. The child, now a year old, is a fine, thriving, healthy
girl, and only a few days ago I saw her eagerly engaged in obtaining
an apparently abundant supply of healthy nourishment, from the
same fountain which, nearly twenty years ago, poured forth its
resources for the support of her father.”[16]
Quickening.
There is only one other symptom which I think it useful to notice,
that is quickening; by which is meant, the first sensation experienced
by the mother of the life of the child within her womb.
The first time this motion of the child occurs, the sensation is like
that of the fluttering of a bird within her, and so sudden that she
frequently faints, or falls into an hysterical paroxysm. A day or two
passes by when it recurs. It afterwards increases both in frequency
and degree, until the movements of the child are fully recognised.
It is proper that a female should be informed that the period when
quickening takes place is very uncertain; for an impression is
popularly prevalent that it always occurs exactly at the end of four
calendar months and a half. This is not the case; it varies in different
women, and in the same women during different pregnancies, as the
following one or two instances will prove:—
Mrs. F——. Quickened with her first child at four months:
quickened with the second at fourteen weeks: and is now in her third
pregnancy, and reckons from the fourteenth week again.
Mrs. B——. Has had seven children, and with all felt the motion of
the child for the first time at the third month.
Mrs. Mc M——. Has been several times pregnant; seldom feels
movements of the child at all until the sixth month, and not strongly
till the eighth.
The annexed table of the periods of quickening of seventy cases
taken in the order in which they have been entered in the author’s
note-book, will forcibly stamp the truth of these opinions:
9 Quickened at the 3d month.
11 Quickened at 3½ months.
21 Quickened at the 4th month.
16 Quickened at 4½ months
8 Quickened at the 5th month.
1 Quickened at 5½ months.
4 Quickened at the 6th month.
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