LS STUDY GUIDE - EXAM 1 100% VERIFIED ANSWERS 2024/2025 CORRECT STUDY SET, Exams of Organization and Business Administration

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LS STUDY GUIDE - EXAM 1

100% VERIFIED ANSWERS

2024/2025 CORRECT STUDY

SET

Commercial relationships in business law typically mean those relationships that are: __________. a) for the purpose of regulating franchises b) for the purpose of market regulations c) for the purpose of making a profit d) in compliance with government rules for businesses c A majority of citizens in a democracy can agree to permit certain authorities to make and enforce rules of behavior in their community which are otherwise referred to as _______ that are enforceable in court. a) sources of regulations b) the law c) opinions d) the dispute resolutions b Proper classifications of the law include all of the following except: _______. a) national versus international law. b) federal versus state law. c) public versus private law. d) upper class versus middle class law. d

Assume a businessperson who owns a computer equipment store is delinquent in paying rent to the landlord. The resulting dispute focuses on ______ law. a) admiralty b) public c) criminal d) private d True or false: Public law controls disputes between private individuals or groups and their government. a) True b) False a Business law consists of the ______ rules of conduct that govern ______ relationships. a) enforceable; criminal b) arbitrated; equal c) enforceable; commercial d) mediated; commercial c ______ law delineates the rights and responsibilities involved in relationships between persons and between persons and their government. a) Civil b) Cyberlaw c) Criminal d) Public a Which of the following is not a proper classification of the law? a) Private versus public law. b) International versus national law. c) State versus federal law. d) Stewardship versus managerial law.

d ______ law regulates incidents in which someone commits a wrongful act against the public as a whole. a) Criminal b) Fraudulent c) Public d) Civil a If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on ______ law. a) public b) case c) civil d) private a Criminal cases of insider trading are filed by _______ not by _______. a) government; an individual b) the people; shareholders c) individual shareholders; government d) shareholders; SEC a What do criminal and civil law have in common? a) Both only regulate acts committed by individuals and organizations against the public. b) In both criminal and civil cases, defendants must be found guilty beyond reasonable doubt. c) Both regulate the behavior of individuals. d) Both criminal law and civil law involve the prosecution of wrongs by the government against a defendant c

The U.S. Constitution: _________. a) creates the powers of each branch of the Federal Government. b) is a document that sets up the state governments. c) is a document that creates criminal law for all of the states. d) is a document that summarizes the findings of all cases tried by the Supreme Court. a True or false: Civil law delineates the rights and responsibilities involved in relationships between persons and between persons and their government. a) True b) False a The assortment of statutes, or rules and regulations put forth by legislatures, is what we call ______ law. a) public b) stare decisis c) model d) statutory d True or false: Civil law regulates incidents in which someone commits an act against the public as a whole. a) True b) False b Assume a businessperson who owns a computer equipment store is delinquent in paying rent to the landlord. The resulting dispute focuses on ______ law. a) private b) admiralty c) public d) criminal

a Mac owned a company that was developing a promising cancer treatment. The only thing that was needed was approval from the FDA (Federal Drug Administration) so the drug could be marketed. Mac got the bad news that the FDA was going to withhold their approval. Mac called his friends and family to tell them to dump their stock in his company before the news became public. Mac's actions constitute __. a) breach of contract b) a tort c) insider trading d) an anti-trust action c The term _____ refers to the general limits and powers of governments as stated in their written constitutions. a) civil jurisdiction b) constitutional law c) public regulations d) criminal law b The Ohio legislature passed a law which made it a crime to harass someone by email. Such a law is an example of: _______. a) constitutional law b) uniform law c) statutory law d) common law c Criminal law involves incidents in which someone commits an act against ___________. a) immigration applicants b) private actors c) the public as a whole d) a civil servant

c A group of legal scholars and lawyers have come together to create model laws for the states to adopt. These model laws are known as: _______. a) criminal law b) case law. c) uniform laws. d) constitutional law. c The NCC urges states to enact ______ laws. a) non-binding b) retroactive c) model d) federal c A case that involves negligence was brought before a judge. To decide the matter, the judge relied on the interpretations of judges that had decided matters of negligence. The source of law that is used by the judge is known as: ________. a) statutory law b) constitutional law c) uniform law d) case law d Cases that serve as a basis for decisions by judges in other courts are known as: _______. a) uniform b) precedent c) statutory d) constitutional b

In order to provide more consistency among the states in their laws, ______ or ______ laws are created for the states to adopt. a) model; uniform b) absolute; limited c) executory; executed d) conditional; unconditional a Perhaps the most well-known case associated with the legal concept of ______ is Roe v. Wade, the 1973 United States Supreme Court case in which the court decided that until a fetus is "viable," a woman may terminate her pregnancy for any reason. a) stare duces tecum b) stare decisis c) subpoena decisis d) subpoena duces tecum b Edgar Allan Poe sued his publisher for preventing him from publishing his work in works that were not produced by his publisher. Edgar claimed that the contract gave him the right to publish wherever he wished. The judge relied on the decision of Mark Twain v. Steamboat Publishing to determine the outcome of the case. The judge is relying on ______ law, also known as _______ law. a) case, stare decisis b) common, case c) stare decisis, criminal d) common, criminal c Courts use _______ to help them interpret statutes and administrative regulations. a) uniform law b) precedent c) statutory regulations d) constitutional statutes

b Suppose that a lower court must decide whether or not it is constitutional for a city to establish different curfew times for minor males and females. In order to decide the case, the court turns to similar cases on differential curfews that were made by the Supreme Court and other higher courts. The court then uses these previously decided cases as a legal guide for deciding the case at issue. The use of previously decided cases as a binding precedent for lower court decisions is an example of: ________. a) statutory law b) stare decisis c) legal realism d) the UCC b ______ are summaries of common law that used by legal scholars and professionals to understand the law in particular states. a) Restatements of the Law b) Statutes of the Law c) Precedents of the Law d) Treaties of the Law a The collection of legal interpretations made by judges is known as: _______. a) uniform laws b) statutory law c) case law d) constitutional law c Law made by agencies is called the __ law. a) civilian b) admin c) istrative

d) executive e) public regulatory b A binding agreement between two states or international organizations is known as a(n): _______. a) addendum b) condition precedent c) precedent d) treaty d Summaries of the common law rules in a particular area of the law are known as: _______. a) Restatements of the Law b) precedent of the law c) stare decisis of the law d) uniform statements of the law a An example of administrative rule is a(n): __. a) regulation from the Environmental Protection Agency restricting the amount of pollution that is released by manufacturing firms. b) constitutional provision which allows the federal government to regulate interstate commerce. c) decision by the Supreme Court which states that it is an unconstitutional restriction of speech to put limits on a corporation's freedom of speech. d) law passed by Congress which forbids discrimination by employers with 15 or more employers. a If the President signed a directive requiring all federal contractors to engage in Affirmative Action, this directive could be called a(n) _____________. a) executive order b) international treaty c) precedent d) example of stare decisis

a In the United States, a treaty is generally negotiated by the _____ branch. a) judicial b) legislative c) executive c ________ are deeply rooted within a person's emotion and habits, and can serve as guides for one's opinions and decisions. a) Rules b) Values c) Identifications d) Beliefs d Ethical laws and principles believed to be morally right and "above" the law devised by humans are known as ______ law. a) natural b) traditional c) positive d) realistic a All the Executive Orders created by the Presidents of the United States are found in the: ________. a) Code of Administrative Law b) Restatement of the Laws c) US Constitution d) Code of Federal Regulations d The school of thought that sees the law as a set of rules to be obeyed despite negative moral implications is known as: _______. a) administrative law

b) natural law c) cost-benefit analysis d) legal positivism d Legal positivism, identification with the vulnerable, and cost-benefit are examples of: _______. a) characteristics of our legal system b) uniform laws c) schools of jurisprudence d) provisions in the United States Constitution c Under ______ law, individuals not only have basic human rights, but also the freedom to disobey a law enacted by the government if their conscience goes against it and they believe it is wrong. a) natural b) artificial c) constitutional d) statutory a A treaty is similar to a contract in two ways. One way is that both treaties and contracts are attempts by parties to determine rights and obligations among themselves. The other is that failure to obey a treaty or contract results in: _______. a) redundancy b) recidivism c) liability d) eminent domain c One school of jurisprudence talks about laws that attempt to level an uneven playing field. These laws are designed to provide fairness. Such laws are known as: _______. a) habeous corpus b) cost-benefit analysis

c) the law of the vulnerable d) legal positivism c Jason steals a life-saving drug to help his terminally-ill wife. The school of legal thought that would state that Jason has an absolute duty to adhere to the laws which prohibit theft no matter if it is for a greater good is known as: _______. a) natural law. b) cost benefit. c) identification with the vulnerable. d) legal positivism. d ________ are deeply rooted within a person's emotion and habits, and can serve as guides for one's opinions and decisions. a) Beliefs b) Values c) Rules d) Identifications a Stare decisis is an example of the ______ school of legal thought. a) cost-benefit analysis b) historical c) natural law d) legal realism b The "identification with the __________" school of jurisprudence recognizes that while some members of our society are able to take care of themselves, others -- such as the ill, children, the aged, the disabled, and the poor -- require assistance to meet their fundamental needs of life, health, and education. a) parable b) preamble

c) vulnerable d) venerable c When the courts or legislators make law, they are guided by certain habits of mind and specific beliefs about human nature. The results are schools of ______ which shape the interpretation of the law. a) remediation b) jurisprudence c) recidivism d) parlance b The laws that previously held homosexuality as illegal were struck down because courts recognized the changes in society's views on homosexuality and homosexual marriages. The school of thought that best fits the laws striking down segregation is known as _____. a) opportunity-threat analysis b) cost-benefit analysis c) legal realism d) legal idealism c Which school of legal thought relies on custom or tradition, and assumes that past practice was the product of careful thought? a) Historical b) Legal positivism c) Natural law d) Legal realism a The school of jurisprudence known as ______ ______ is based on the idea that a judge, when ruling on a case, needs to consider not just the law, but social and economic conditions as well. a) equitable idealism b) legal realism

c) legal idealism d) equitable realism b True or false: The term Jurisdiction means to "decide the law." a) True b) False b ____________ courts, or courts of original jurisdiction, have the power to hear and decide cases when they first enter the legal system. a) Long-Arm b) Trial c) Appellate d) In Rem b In personam jurisdiction is a court's power to: _______. a) render a decision affecting specific issues b) order the parties to engage in mediation efforts c) render a decision affecting specific persons d) render a decision affecting specific property c When a defendant receives a copy of a summons and complaint, a court has ______ over that defendant. a) insubordination b) judgment c) remand d) jurisdiction d A court that has jurisdiction over a case has the authority to hand down a decision that ______ the parties.

a) conciliates b) is agreed upon by the c) advises d) binds d Jurisdiction over the type of case before a court is called: _______. a) subject matter jurisdiction b) International jurisdiction c) personal jurisdiction d) venue a Courts of ________ jurisdiction are courts where evidence is presented and witnesses testify. a) ultimate b) original c) appellate d) concurrent b _________ jurisdiction (literally, "jurisdiction over the person") a) In personam b) Quasi in rem c) In rem d) Estrentus majori a Which of the following is a type of case covered by concurrent jurisdiction? a) diversity-of-citizenship b) Privileges and Immunities Clause c) Supremacy Clause d) quasi in rem a

A(n) ______ specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks. a) pretrial motion b) complaint c) answer d) deposition b Venue is a matter of ________ which is determined by each state's statutes. a) jurisdictional power b) geographic location c) subject matter d) standing b When a New York company sells a product that injures a resident of Kentucky, a Kentucky court can exercise personal jurisdiction over the New York defendant based upon: _______. a) a state long-arm statute. b) a statute of repose. c) external contacts. d) a statute of limitations. a A(n) _________ clause is inserted into the contract to specify which law will be applied to resolve any disputes that arise under the contract. a) forum selection b) concurrent mediation c) choice of venue d) choice-of-law d When both the state and federal courts are empowered to hear a particular case, jurisdiction is said to be: _______. a) concurrent b) adversarial

c) discordant d) divergent a The highest court in the federal court system is the a) appeals court b) Court of Common Pleas c) Federal Claims Court d) United States Supreme Court d In the federal court system, courts of original jurisdiction or federal trial courts are called ______ courts. a) circuit b) municipal c) people's d) district d James claims a state statute preventing him from assembling in front of town hall to protest property taxes violates his first amendment rights to assemble. Although John can challenge this statute in state court, the federal courts can also hear the challenge because it raises a(n): _______. a) personal question b) legitimate issue c) state issue d) federal question d The federal court system consists of trial courts, intermediate appellate courts and a(n): _______. a) magistrate's court b) house of representatives c) court of last resort d) president

c Venue is appropriate: _______. a) only in the location where both the plaintiff and the defendant reside b) where the defendant resides c) in a location where neither the plaintiff nor the defendant resides d) solely where the plaintiff resides b The U.S district courts are courts of original: _______. a) venue b) power c) appeal d) jurisdiction d State court systems, like the federal court system, have courts of both general and ______ jurisdiction. a) adversarial b) unlimited c) specific d) limited d Each of the fifty states has its own state court system, but the United States also has a(n) ______ court system. a) exclusive b) supreme c) federal d) concurrent c Courts of ________ jurisdiction are courts where evidence is presented and witnesses testify. a) concurrent

b) ultimate c) appellate d) original d True or false: There are no limits on a court's ability to decide a case. a) True b) False b The intermediate appellate courts in the federal system are identified by: _______. a) specialized names b) numbered districts c) numbered circuits d) lettered circuits c The American legal system requires that a plaintiff have a(n) ________ in the outcome of the case because this stimulates her to present the best possible case. a) personal stake b) jurisdictional advantage c) ripeness d) case or controversy a The highest court in the federal court system is the a) Court of Common Pleas b) United States Supreme Court c) Federal Claims Court d) appeals court b In order for a court to exercise authority over a particular dispute, there must be an actual case or controversy, the case must be ripe for resolution, and the parties must have ______ to bring the

case. a) resources b) venue c) standing d) the threshold c The relationship between a plaintiff and a defendant in litigation that satisfies the case or controversy requirement must be ______. a) subversive b) collegial c) adverse d) cooperative c A party who is personally affected by another's failure to satisfy a legal obligation generally has ______ to pursue an action in court. a) prosecutorial discretion b) venue c) standing d) quasi in rem jurisdiction c A case is ______ if a judge's decision is capable of affecting the parties immediately. a) conditional b) ripe c) concurrent d) removed b The U.S district courts are courts of original: _______. a) venue b) appeal

c) power d) jurisdiction d State courts that cannot award large damage amounts are typically called ______ courts. a) juvenile b) family c) criminal d) small claims d Once a plaintiff files a case in the federal or state court system, the case remains in that system throughout the ______ process. a) appellate b) jurisdictional c) forum selection d) choice of law a Theoretically, ________ make informed and impartial rulings because each party has an incentive to find all relevant evidence and make the strongest possible arguments on behalf of her position. a) appellate judges b) fact-finders c) party with standing should d) the ripeness variant b The case or controversy requirement ensures that courts are not rendering decisions in disputes that are merely a) justiciable. b) inappropriate. c) hypothetical. d) weak.

c In the event a legal dispute begins to brew between two small business owners, the most common first step in resolving that dispute is to: ________. a) negotiate b) arbitrate c) mediate d) litigate a James brought an action against Sam two years after Sam had corrected his faulty work under a service contract. The court dismissed the action because the issue was: _______. a) moot b) international c) justiciable d) criminal a When a party decides to pursue a lawsuit, it is important that the complaint be drafted to include the facts that support the legal claim, the basis for the court's jurisdiction, and the request for: ________. a) relief. b) mediation. c) ratification. d) recidivism. a Almost every case in the federal court system begins in United States ______ court. a) appellate b) arbitration c) district d) probate c

State court systems, like the federal court system, have courts of both general and ______ jurisdiction. a) unlimited b) adversarial c) limited d) specific c John files a breach of contract complaint in court and serves that complaint according to the local rules for service of process on Big Corp. Big Corp., however, does not file its answer within the time required by the rules. In this situation, the court can issue a ______ judgment against Big Corp. a) contempt b) blanket c) default d) money c John Jones, who owns a sole proprietorship, files a breach of contract lawsuit against a multi- million dollar corporation. Critics of the United States adversarial system of justice would suggest that the clear advantage in this lawsuit belongs to: _______. a) no one b) the court c) John Jones d) the corporation d After failing to resolve a contract dispute with Big Corp., John decides to pursue a remedy in court. The first document John's attorney will file in court is called a(n): ________. a) summons b) motion c) answer d) complaint d

When a defendant is ______ with a complaint, it allows the court to assert personal, or in personam, jurisdiction over that defendant. a) visited b) faxed c) granted d) served d When a defendant files an answer to a complaint, that answer typically includes any ______ ______ being raised by the defendant. a) money requests b) factual disputes c) affirmative defenses d) discovery requests c The document that tells the defendant to respond to a complaint within a certain period of time is called the ______. a) affirmative answer b) informal negotiation process c) pretrial schedule d) summons d If a defendant fails to raise an affirmative defense in the answer, the judge: _______. a) will require sufficient notice to the state authorities b) will only allow him to raise it in post-trial appeals c) will likely not allow him to raise it during the trial d) will likely allow him to raise it during the trial c The first formal stage of a lawsuit is the ______ stage. a) discovery b) pretrial motion

c) pleading d) trial c An affirmative defense is typically raised when the defendant agrees with the facts claimed by the plaintiff, but can offer a ______ reason for those facts. a) legal b) personal c) good d) dispositive a A(n) ______ is included with the defendant's answer when he or she has a claim against the plaintiff. a) pretrial motion b) affirmative defense c) counterclaim d) ripe claim c A counterclaim filed by a defendant in a lawsuit requires that the plaintiff respond with a(n): _______. a) rebuttal. b) reply. c) motion. d) answer. b Judges generally grant a(n) ______ only when it appears beyond a doubt that the plaintiff cannot prove any set of facts to justify granting the judgment she seeks. a) new trial b) appeal c) rebuttal d) demurrer