Test Bank for Business Law and the Legal Environment Version 3.0 by Don Mayer, Daniel Warner, George Siedel, and Jethro K. Lieberman. Full Chapters test bank are included - Chapter 1 to 53
Chapter 1: Introduction to Law and Legal Systems
1.1 What Is Law?
1.2 Schools of Legal Thought
1.3 Basic...
Test Bank Business Law and the Legal Environment V 3.0 Don Mayer
Chapter 1
Introduction to Law and Legal
MULTIPLE CHOICE
1. Which school of thought holds that law is “the command of a sovereign?”
a. Positive-law school of legal thought
b. Natural-law school of legal thought
c. Legal realist school of thought
d. Critical legal studies school of thought
e. Eco-feminist school of legal thought
ANS: A DIF: Easy
2. According to the legal realist school of thought, _____.
a. precedent was more important than moral arguments
b. law is politics and is thus not neutral
c. wives, children, land, and animals are valued as economic resources
d. the social context of law is critically important
e. there is the preeminence of man and his dominance of both nature and women
ANS: D DIF: Easy-Moderate
3. Which of the following is a perspective that influences the Critical Legal Studies school of
legal thought?
a. Precedent is more important than moral arguments
b. Distributive justice theory
c. Dominator culture and patriarchy
d. The social context of law
ANS: B DIF: Easy
4. Dominator culture is _____.
a. one in which man is charged with making all that he controls economically productive
b. dominated by those with the greatest physical strength
c. strongly influenced by the economist Karl Marx and social justice theories
d. embraced by the Natural Law school of legal thought.
e. universally accepted and practiced
ANS: A DIF: Easy
5. The historical school of law _____.
a. believed that natural law was historically important
b. sees a nation’s laws as deeply rooted in the nation’s history and experience, more than in
any universal laws.
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, c. stressed the need for certain laws and doctrines to be altered in order to keep up with
advances in technology
d. emphasized and endorsed the longstanding domination of men over both women and the
rest of the world
e. influenced the emergence of critical legal studies
ANS: B DIF: Moderate
6. The _____________ would use the law to overturn the hierarchical structures of domination
in modern society.
a. historical school of law
b. critical legal studies school of thought
c. legal realist school
d. natural law school of thought
e! all of the above
ANS: B DIF: Easy
7. According to contract law, _____.
a. harming others is considered unethical
b. private ownership of property is socially useful
c. anarchy is caused if people are not restrained by law
d. promise-breaking is seen as unethical
e. compensation is provided when serious injuries or harms occur
ANS: D DIF: Easy
8. Tort law deals with _____.
a. the rights and duties of those who can legally own land
b. what kinds of promises courts should enforce
c. how ownership can be legally confirmed and protected
d. cases that involve a dispute over illegally owned property
e. cases that involve some kind of harm between plaintiff and defendant when no contract
exists
ANS: E DIF: Easy
9. Which of the following is true of civil cases?
a. The plaintiff brings the case, and the defendant must answer.
b. Their purpose is to maintain order in society.
c. Their purpose is to deter serious wrongdoing.
d. Proof must be beyond reasonable doubt.
e. Remedies include fines, jail, and forfeitures.
ANS: A DIF: Easy
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,10. Which of the following is true of criminal cases?
a. Guilty defendants are punished.
b. Proof depends upon the preponderance of evidence.
c. Defendant must answer or lose by default.
d. A and B
e. B and C
ANS: A DIF: Moderate
11. In Church of the Holy Trinity v. U.S., the Court _____.
a. upheld the government’s position by strictly construing the written words of the statute
without looking at the legislative intent.
b. rejected the government’s position by strictly construing the written words of the statute
without looking at the legislative intent.
c. rejected the government’s position by looking at the spirit (or intent) of the law and the
circumstances that motivated Congress to pass the law in the first place.
d. upheld the government’s position by looking at the spirit (or intent) of the law and the
circumstances that motivated Congress to pass the law in the first place.
ANS: C DIF: Moderate
12. Which of the following is true about statutes?
a. They are more important than treaties or conventions.
b. Under most treaties, the president of the United States may end the treaty whenever s/he
chooses.
c. Statutes generally take precedence over case law.
d. A and B
e. B and C
ANS: C DIF: Easy
13. The power of “judicial review” was _____.
a. made explicit in the Constitution
b. a power conferred on the Supreme Court by Congress
c. a power derived from the common law tradition
d. a power declared by Chief Justice Marshall in Marbury v. Madison
e. none of the above
ANS: D DIF: Moderate
14. A code-law system _____.
a. is used to resolve particular cases, usually by judges and a jury
b. recognizes the use of precedents in judicial cases
c. is one where all the legal rules are in one comprehensive legislative enactment
d. A and B
e. A and C
3
, ANS: C DIF: Moderate
15. In the Harris v. Forklift Systems case, the Supreme Court _____.
a. ruled that whether an environment is hostile or abusive can be determined solely by the
rule of 72
b. ruled that an employee had to prove severe psychological injury in order to win a Title
VII sexual harassment claim
c. ruled that Title VII comes into play only if the harassing conduct has led to a serious
nervous breakdown
d. raised the bar and made hostile-working environment claims under Title VII more
difficult to win
e. reversed the judgment of the Court of Appeals that a plaintiff had to show severe
psychological injury to prevail in a hostile work environment claim under Title VII.
ANS: E DIF: Moderate
TRUE/FALSE
1. “Critical legal studies” scholars accept the premise that law is objectively fair in distributing
goods among members of society.
ANS: F DIF: Easy
2. The positivist school of legal thought relies on social context and the actual behavior of the
principal actors who enforce the law.
ANS: F DIF: Easy
3. According to natural law theory, a citizen would be morally justified in demonstrating civil
disobedience of a positive law that violates natural law.
ANS: T DIF: Easy
4. According to contract law, promise-breaking without a legal excuse would be unethical.
ANS: T DIF: Easy
5. If a competitor lies about your product, your likely remedy would be in contract, not tort.
ANS: F DIF: Easy
6. Substantive legal rules tell us how to act with one another, and how to act with regard to the
government.
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