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Exam- Business Law Mid Term; Questions with Complete Solutions
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Exam- Business Law Mid Term; Questions with Complete Solutions
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Exam- Business Law Mid Term; Questions withComplete Solutions
The doctrine of stare decisis (precedent) says that courts should generally follow the holdings
in previous similar cases. Correct-True.
All criminal cases arise from statutes. Correct-True.
A Legal Positivist would say that the law is one thing and morality is another, and that we
should obey even bad laws. Correct-True.
The primary purpose of criminal law is to compensate victims. Correct-False.
The usual remedy in a civil case is that the defendant who is held liable must pay a fine to the
government. Correct-False.
Trisha assaults and batters James. James successfully sues Trisha for the damages caused by
the torts. Trisha cannot also be criminally prosecuted for her wrongful behavior. Correct-
False.
, Exam- Business Law Mid Term; Questions with
Complete Solutions
Which school of jurisprudence is characterized by the following statement: "I obey the law no
matter what, I do not question the law" Correct-Legal Positivism.
Teri the driver of the truck never realizes that a log she is hauling to a construction site is
improperly secured. The log flies off the truck and strikes Wanda a pedestrian and causes
serious injuries. Teri never stops at the scene of the accident and continues on her way to a
construction site. The police eventually track Teri down by her license plate number which is
provided by the driver of a car that was following Teri's truck. The police cite Teri under a
statute that makes it illegal to drive with an unsecured load and failing to stop at the scene of
a personal injury accident. The statutes under which Teri is cited could best be described as:
Correct-Criminal and Substantive.
A state statute enacted in 1776 provides that "any person who wears, on a public
street clothing that allows the wearer's ankles to be exposed to public view shall be
guilty of a felony and shall be jailed for not less than 6 years." Although the statute
has never been repealed by the state legislature, the statute has not been enforced
in years. Adherents to which of the following schools of jurisprudence would
probably be the most likely to say that the statute needs to change to keep up with changing
times? Correct-Sociological/Historical Jurisprudence
, Exam- Business Law Mid Term; Questions with
Complete Solutions
Which of the following most accurately states a major difference between the respective
schools of jurisprudence known as legal positivism and natural law? Correct-Legal
positivists regard law and morality as distinct, but natural law adherents regard the two as
inseparable.
Under Ohio's state constitution, the Ohio Environmental Protection Agency issues a new rule,
the Polk County Commission approves a new property tax measure, and the professors and
students at Ohio Law School publish the results of their most recent legal research. Sources of
law do not include: Correct-He results of legal scholars' research.
In a criminal case against Cathy a person arrested for disorderly conduct, the prosecution did
not meet its burden of proof which is: Correct-Beyond a reasonable doubt.
One of the distinctions between substantive and procedural law is: Correct-That
substantive law governs the governed while procedural law governs government.
Drew, a citizen files a $10,000 lawsuit against Tanya, another citizen. This is an example of a:
Correct-Private civil case.
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