The Legal Environment of Business Text and Cases 11th Edition by Frank B. Cross test bank
c.
statutes enacted by Congress and the state legislatures.
d.
uniform laws drafted by legal scholars.
ANSWER:
a
50. Stare decisis is best defined as
a.
a doctrine under which judges follow established precedents.
b.
the authority to decide a specific dispute.
c.
a judicial proceeding to redress a wrong.
d.
a situation giving a person a right to initiate a judicial proceeding.
ANSWER:
a
51. A precedent is
a.
the chief executive officer of the United States.
b.
a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles.
c.
a lawsuit in which a number of persons join together.
d.
the fundamental procedure by which the government exercises its authority.
ANSWER:
b
52. Each court has a jurisdiction. Jurisdiction is best defined as
a.
a doctrine that follows established precedents.
b.
the geographic area in which a court has the power to apply the law.
c.
a judicial proceeding to redress a wrong.
d.
a situation giving a person a right to initiate a judicial proceeding.
ANSWER:
b
53. Once a court has applied a principle to a certain set of facts, that principle must be applied in future cases involving
a.
different facts.
b.
similar facts.
c.
any facts.
d.
no particular facts.
ANSWER:
b
54. In deciding a case of first impression, appropriate sources for a court to consider include all of the following except
a.
legal authorities that are not binding on the court.
b.
issues of fairness.
c.
government policy based on widely held social values.
d.
a poll of those present in the courtroom at the time of the decision.
ANSWER:
d
55. In Peyton v. Quality Motors, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Rikki v. Street Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to
a.
allow the minor to cancel the contract.
b.
disregard the Peyton case.
c.
order the minor to cancel the contract.
d.
require the minor to fulfill the contract.
ANSWER:
a
56. In the case of Sales Corp. v. Transport Co., the court may rule contrary to a precedent if the court decides that the precedent
a.
is incorrect or inapplicable.
b.
is not in line with the judge’s personal values.
c.
would lead to unintended consequences.
d.
would not bring about the result the judge prefers.
ANSWER:
a
57. The means to enforce a right or compensate for the violation of a right is
a.
a cornerstone.
b.
a remedy.
c.
jurisdiction.
d.
stare decisis.
ANSWER:
b
58. Federico and Gwen are involved in a court proceeding to enforce a right. This is
a.
an action.
b.
stare decisis.
c.
an injunction.
d.
a remedy.
ANSWER:
a
59. When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is
a.
the case of first impression.
b.
the persuasive authority.
c.
the plaintiff.
d.