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Exam 1: An Introduction to Dynamic Business Law

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Question 41

Multiple Choice

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The president issued an executive order requiring that every citizen purchase a head of broccoli to eat once a week in order to maintain health.The executive order was challenged and the case went to the U.S.Supreme Court.The Supreme Court declared the executive order could not be enforced because it was an abuse of the president's power.What is the primary source of law the Supreme Court would interpret to determine if the executive order was enforceable?

A) Case law
B) State statutes
C) The Constitution
D) Executive orders
E) Uniform laws

F) A) and C)
G) B) and E)

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Question 42

Multiple Choice

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Which of the following is based on the idea that,when ruling on a case,judges consider more than just the law;they also weigh factors such as social and economic conditions?

A) Legal positivism
B) Historical school
C) Executive positivism
D) Cost-benefit analysis
E) Legal realism

F) A) and B)
G) D) and E)

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Question 43

Multiple Choice

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The supreme law of the land is the ________.

The ________ is a body of law significant to business activities including sales,banking,and warranty.

The law that regulates situations in which someone commits an act against the public as a whole is which type of law?

The court hears a discrimination case in which they are asked to decide whether local anti-discrimination laws protect against a person being fired because they have red hair.The court holds that since Irish people are more likely to have red hair,this is an example of national origin discrimination and anti-discrimination laws should apply.The legislature,following the court ruling,passes a statute saying hair color is not covered by anti-discrimination laws.The legislature's action is an example of:

[The Stolen Laptop] Ricardo told Ashley that Bob stole her laptop computer from her car.The next day,Ashley confronted Bob and slapped him for stealing her laptop.Bob had Ashley arrested for slapping him,and the local district attorney prepared to prosecute Ashley on behalf of the state.Ashley sued Bob for damages to the laptop and for maliciously having her arrested.Bob also sued Ricardo for defamation,claiming Ricardo lied to Ashley about Bob stealing the laptop -Which statements are true regarding Ashley's claim against Bob for damages involving the laptop and her claim that Bob maliciously had her arrested?

Which of the following is reported in the Code of Federal Regulations?

Judge Joanie Justice,who is newly appointed to the bench,is presented with a question of law involving a cat named Tiger who scratched a neighbor's antique car.The neighbor,Carl,demands justice in the form of full payment from Tiger's owner,Stacy,and also requests that Tiger be shipped to the local animal shelter.Stacy says that she should not have to pay anything because Tiger had never scratched before,that Tiger should be allowed to stay in the neighborhood,and that Carl who is a grump and never should have brought the lawsuit)should reimburse her for her legal fees.Judge Justice is perplexed.Judge Justice wants to make a good decision,especially since she is new to the bench.Explain how the judge should go about reaching a decision.Discuss in your answer the impact of cases from other jurisdictions,assuming there is no relevant law in Judge Justice's jurisdiction.Also,assuming there is relevant law in Judge Justice's jurisdiction,discuss the applicable legal standard when case law conflicts with a later passed state statute.

________ is the type of law involved in comparing laws between the U.S.and Winland.

[To the Dogs] Maria loves animals and is opening a grooming business.She believes that caring for animals properly is very important and plans to exceed any applicable regulations regarding cleanliness and health standards.Maria thinks,however,some local regulations make no sense.For example,there is a local ordinance that all dogs always must be kept on a leash when not in an inside area.Maria believes dogs need to exercise and to run freely in a safe area,so she is placing her business on a large lot with a fenced outside area.She thinks it is wrong to have to keep the dogs tied up while in a securely fenced area.She is aware that some members of the community have had success in changing local regulations by petitioning city council.Maria plans to proceed by petitioning to attempt a change in the leash law. -If Maria decides to ignore the leash law and let dogs run freely in the fenced outside area,this is an example of which legal school of thought?

Which of the following is justified under a natural law theory:

Which of the following would be involved in the prosecution of Ashley for slapping Bob?

Presidents base the power to issue executive orders on Article II,Section 1 of the Constitution,which establishes the constitutional power of the president to "take care that the laws be faithfully executed."

Legislative acts passed by the U.S.Congress can be found in the ________.

The law that lays out the rights and responsibilities implied in relationships between persons and their government is which type of law?

The EU regulates taxes on Internet sales and the amount of pollution differently than the U.S.government.U.S.companies doing business in the EU:

The law in Hannah's state regulating using cell phones would be classified as which of the following?

Define the meaning of the term "stare decisis," and discuss how it is applied.

When the Supreme Court made its ruling on the legality of homosexual marriage,they considered social and economic conditions surrounding marriage rather than relying on precedent alone.This was an example of: