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Business Law midterm
CHAPTER 1
| Question | Answer |
|---|---|
| The law that establishes rules for enforcing rights | PROCEDURAL LAW |
| A PUBLIC WRONG COMMITTED AGAINST SOCIETY OR THE STATE | CRIME |
| THE REMEDY OBTAINABLE FROM A COURT OF LAW FOR A CIVIL LAWSUIT | MONEY DAMAGES |
| A GUIDING PRINCIPLE WHEREBY A COURT FOLLOWS PREVIOUS DECISIONS IN DECIDING THE PRESENT CASE BEFORE IT | STARE DECISIS |
| A SYSTEM OF JUDICIAL RELIEF THAT DEVELOPED BECAUSE OF A LACK OF A PROPER REMEDY FROM THE COMMON LAW SYSTEM | EQUITY |
| ONE TYPE OF REMEDY AVAILABLE ONLY IN A COURT OF EQUITY REQUIRING A PARTY TO REFRAIN FROM DOING A SPECIFIC ACT | INJUNCTION |
| THE MEANS BY WHICH THE LAW ENFORCES JUDGEMENTS | LEGAL SANCTIONS |
| THE SUPREME LAW OF THE LAND | U.S. CONSTITUTION |
| THE LAW THAT GOVERNS COMMERCIAL TRANSACTIONS IN MOST STATES | UNIFORM COMMERCIAL CODE |
| THE LAW THAT DEFINES, CREATES, AND REGULATES LEGAL RIGHTS AND DUTIES | SUBSTANTIVE LAW |
| AN AGREEMENT BETWEEN OR AMONG INDEPENDENT NATIONS | TREATY |
| GENERAL LEGAL PRINCIPLES FORMULATED BY EQUITY COURTS | MAXIMS |
| LEGISLATIVE LAWS PASSED BY THE FEDERAL GOVERNMENT | FEDERAL STATUTES |
| A GOVERNER OF A STATE MAY ISSUE THIS SOURCE OF LAW | EXECUTIVE ORDER |
| A REMEDY IN EQUITY IN WHICH A PARTY IS ALLOWED TO INVALIDATE A CONTRACT | RESCISSION |
| IN ORDER TO SURVIVE, A CIVILIZED SOCIETY MUST HAVE AN EFFICIENT AND STABLE LEGAL SYSTEM T/F | TRUE |
| CIVIL LAW IS CONCERNED WITH A WRONG AGAINST AN INJURED PARTY WHILE CRIMINAL LAW IS CONCERNED WITH A WRONG AGAINST THE WHOLE COMMUNITY T/F | TRUE |
| STARE DECISIS IS A DOCTRINE BASED ON PRESENT COURT DECISIONS FOLLOWING PREVIOUS ONES AND IT SHOULD NEVER BE OVERTURNED T/F | FALSE |
| A "MAXIM" IS A GENERAL LEGAL PRINCIPLE FORMULATED OVER THE YEARS BY COURTS OF EQUITY | TRUE |
| THE SOURCE OF AMERICAN LAW SUPERIOR TO ALL OTHER SOURCES WITHIN A STATE IS THE STATE STATUTES | FALSE |
| THE GOVERNMENT HAS THE BURDEN OF PROVING A DEFENDANT GUILTY OF A CRIME BEYOND A REASONABLE DOUBT | TRUE |
| THE SOURCE OF AMERICAN LAW TO WHICH ALL OTHER SOURCES ARE SUBORDINATE IS A PRESIDENT'S EXECUTIVE ORDER | FALSE |
| THE PERSON WHO SUES IN A LAWSUIT IS CALLED THE PLAINTIFF, THE PERSON BEING SUED IS THE DEFENDANT | TRUE |
| THE UNIFORM COMMERCIAL CODE WAS PREPARED AND DEVELOPED TO MAKE THE LAW GOVERNING COMMERCIAL TRANSACTIONS UNIFORM WITHIN THE VARIOUS JURISDICTIONS OF MINNESOTA | FALSE |
| LEGAL SANCTIONS ARE THE MEANS BY WHICH THE LAW ENFORCES THE DECISIONS OF THE COURTS | TRUE |
| STATUTORY LAW RESULTS FROM THE INDEPENDENT DECISIONS OF THE STATE AND FEDERAL COURTS | FALSE |
| AN AUTHORITATIVE STATEMENT OF THE COMMON LAW OF THE UNITED STATES CAN BE FOUND IN THE RESTATEMENTS OF LAW | TRUE |
| PUBLIC LAW CONSISTS OF : | ADMINISTRATIVE LAW CONSTITUTIONAL LAW CRIMINAL LAW |
| A REMEDY IN EQUITY IN WHICH A PARTY TO A CONTRACT IS REQUIRED TO PERFORM HER OBLIGATIONS ACCORDING TO THE CONTRACT IS : | SPECIFIC PERFORMANCE |
| TORTS AND CONTRACTS ARE EXAMPLES OF: | PRIVATE LAW |
| A SOURCE OF LAW IN OUR AMERICAN LEGAL SYSTEM INCLUDES: | THE FEDERAL CONSTITUTION COURT DECISIONS MUNICIPAL ORDINANCES |
| THAT LAW THAT DEALS WITH THE RIGHTS AND POWERS OF THE GOVERNMENT IS: | PUBLIC LAW |
| LAW CAN BEST BE CLASSIFIED INTO CATEGORIES AS : | PROCEDURAL OR SUBSTANTIVE PRIVATE OR PUBLIC CIVIL OR CRIMINAL |
| WHICH IS NOT A "MAXIM" OF EQUITY? | EQUITY FAVORS A FORFEITURE |
| THE BRANCE OF PUBLIC LAW THAT DEALS WITH REGULATORY FUNCTIONS OF THE GOVERNMENT AS PERFORMED AND SUPERVISED BY PUBLIC OFFICIALS OR COMMISSIONS IS: | LEGISLATIVE LAW |
| AN EXAMPLE OF A LEGAL SANCTION FOR A CRIMINAL CONVICTION IS | A FINE CAPITAL PUNISHMENT IMPRISONMENT |
| FEDERAL COURT DECISIONS ARE NOT FOUND IN WHICH: | NORTH WESTERN REPORTER |
| EQUITABLE REMEDIES INCLUDE: | SPECIFIC PERFORMANCE RESCISSION REFORMATION |