Test Bank all Chapters, Answer at the

Business Law and the Regulation of Business, 13e Richard Mann, Barry Roberts

(Test Bank all Chapters, Answer at the end of each Chapter)

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Indicate whether the statement is true or false.

• The law does not change; it is based on unchanging and universal truths.
• True
• False

• William Blackstone, an English jurist, defined law as “a rule of civil conduct prescribed by the supreme power in a

state, commanding what is right, and prohibiting what is wrong.”

• True
• False

• A judge deciding a common law case must look for guidance to similar cases previously decided by that court or

superior courts.

• True
• False

• In the United States, treaties are not subject to judicial review.
• True
• False

• The primary function of the law is to allow flexibility and adaptability in the social, political, and economic system of a

society.

• True
• False

• Assume the state of Texas has been negotiating with the Mexican government on issues involving acid rain and

eventually reaches an agreement with Mexican officials to regulate industrial pollution that contributes to acid rain in return for Texas regulating cattle waste that contributes to water table pollution. This is a valid treaty under the United States Constitution.

• True
• False

• Since the end of the nineteenth century, case law developed from court opinions has been the primary source of new

law and ordered social change in the United States.

• True
• False

• The common law system is used in most of Europe, Asia, and South America.
• True
• False

• The burden of proof required in a criminal case is preponderance of the evidence.
• True
• False

• The principle of judicial review divides the government into three distinct and independent branches: judicial,

executive, and legislative. 2 / 4

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• True
• False

• The Uniform Commercial Code is a federal law that applies to commercial transactions among the states.
• True
• False

• Law is an instrument intended to achieve and maintain social control.
• True
• False

• All laws are derived from morals, but some moral precepts are not enforced by legal sanctions.
• True
• False

• A constitution restricts the powers of the government and specifies the rights and liberties of the people.
• True
• False

• The American Law Institute has authored an orderly restatement of the general common law of the United States

called the Restatement of law.

• True
• False

• The principle of stare decisis gives stability to our system of jurisprudence because it encourages consistent decisions

for similar cases.

• True
• False

• The US Constitution provides that federal statutes supercede provisions of state constitutions and state statutes.
• True
• False

• Civil law systems, as found in the state of Louisiana and countries such as Scotland, depend on comprehensive

legislative enactments.

• True
• False

• Business law is primarily private law.
• True
• False

• The common law system of law uses the inquisitorial system of settling disputes.
• True
• False

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• Laws passed by Congress are the supreme law of the land in the United States and take precedence over all other

sources of law.

• True
• False

• Chase and Piper asked a court for reformation of their contract based on the fact that they made a mutual mistake.

They can seek an equitable remedy.

• True
• False

• Under the civil law system, the judiciary initiates litigation, investigates pertinent facts, and conducts the presentation

of evidence.

• True
• False

• The terms "law" and "justice" are interchangeable.
• True
• False

• Tate brings an action against Tim for damages from trespass to Tate’s property. Tate must prove the case by a

preponderance of the evidence.

• True
• False

• The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme

Court of the United States.

• True
• False

• The business law topics of contracts, agency, property, and trusts are governed primarily by the common law.
• True
• False

• The law that creates, defines, and regulates most of our legal rights and duties is called executive law.
• True
• False

• The main classifications of the law are (a) substantive and procedural, (b) public and private, and (c) civil and

criminal.

• True
• False

• Decisions of courts of appeals are published in volumes known as "reports" or "reporters."
• True
• False

• Once a court has decided a case, the principle of stare decisis precludes correction of erroneous decisions.
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