Commercial Law

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1. In the case of Panavision Int'l v. Toeppen, the Ninth Circuit Court of Appeals affirmed the district court's decision. This means that the Ninth Circuit approved the district court's decision and upheld the outcome in the case.

True
False

2. The Occupational Safety and Health Administration promulgated a rule requiring warehouse employees to wear hardhats when in the vicinity of an operating forklift. The purpose of the hardhats is to protect employees from danger of falling objects. This rule is: A statue

Administrative law
Common law
Executive order

3. Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax, the neighbor would be applying the jurisprudence theory of: Natural law

Legal positivism
Legal realism
Common law

4. The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether. This kind of case involves: Civil law
Procedural law
Criminal law
Private law

5. The three branches of government in the United States are: The administrative, executive, and statutory
The administrative, legislative, and international
The executive, legislative, and judicial
The executive, legislative, and administrative

6. 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

False

7. 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?: Natural law
Legal realism
Legal positivism
Sovereign selection

8. 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 English use of “shire reeves”

The Anglo-Saxon Method of ensuring public order through tithing The English system of feudalism
The Anglo-Saxon practice of using “oath helpers”

9. 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

False

10. Common law refers to:
Law that is the same or similar in all states
Law made when judges decide cases and then follow those decisions in later cases Law made by legislation in the form of statutes
The legal systems of France, Germany, and Italy

11. The doctrine of stare decisis:
Makes the law more predictable
Makes the legal process more expensive
Is an equitable remedy
Is unimportant to the common law

12. The doctrine of precedent requires:
Judges to base rulings on previous cases
That the victim testify
That the defendant testify
A 12-member jury of the defendant’s peers

13. The Constitution ensures that the states retain all power not given to the national government. True
False

14. The United States Supreme Court has the power to:
Issue executive orders
Appoint judges to serve on the supreme court
Declare an act of congress unconstitutional
Ratify treaties

15. 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 Visigoths
Alexis de Tocqueville
Confucius

16. If the title of an appellate court case appears as Jones v. Smith: Smith won the trial court decision
Jones is the plaintiff and smith is the...
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