Test Bank For Business Law 15th Edition by Jane P. Mallor
ISBN-10: 0073524980, ISBN-13: 978-0073524986
Chapter 01: The Nature of Law
True / False Questions
| 1. | The U.S. Constitution recognizes the states’ power to make law in certain areas.
True False |
| 2. | Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars; they become law only after legislature enacts them.
True False |
| 3. | Common law is a state law and only state courts can apply it.
True False |
| 4. | The Restatements are considered binding laws and are promulgated by the American Law Institute.
True False |
| 5. | According to the U.S. Constitution treaties made by the president with foreign governments and approved by two-thirds of the U.S. Senate validate inconsistent state and federal laws.
True False |
| 6. | The same behavior will sometimes violate both civil law and the criminal law, and in such a case, both liabilities can be claimed at the same time.
True False |
| 7. | A State Homicide statute is an example of a substantive law, criminal law and public law.
True False |
| 8. | Though formal natural law defense is not recognized in court, judges do take natural law oriented views while interpreting statutes.
True False |
| 9. | American legal realists distinguish between the “law in the books” and the “law in action” and they recognize law as the behavior of public officials (mainly judges) as they deal with matters before the legal system.
True False |
| 10. | The “Critical Legal Studies” movement regards the law as the product of political calculation and class bias of lawmakers.
True False |
| 11. | The doctrine of stare decisis states that like cases should be decided alike.
True False |
| 12. | In case of a dispute between the common law and a precedent that has been properly distinguished, the common law prevails.
True False |
| 13. | It is unimportant for the court, whether the interpretation of a statute is consistent with the legislative purpose; it is the actual language (plain or ambiguous) of the statute that needs to be studied.
True False |
| 14. | The doctrine of standing to sue requires that, in order to be able to mount a civil suit, a plaintiff must have some direct and considerable stake in the outcome of the suit.
True False |
| 15. | State and federal declaratory judgment statutes do not allow parties to determine their rights and duties when their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.
True False |
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