Questions and Answers
A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional.
True
Judges use precedent when deciding a case in a common law legal system.
True
What is one of the major functions of all administrative agencies?
rule making
The U.S. Constitution is the supreme law of the United States.
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Which of the following is not a primary source of law?
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When a new statute is enacted by the Missouri legislature, where does it apply?
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What may a firm be subject to when doing business internationally?
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What area of law deals with private disputes, such as injuries and damages?
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Why are administrative agencies created?
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In early England, common law rules developed from what?
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What is one primary source of American law?
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A state's constitution is a primary source of law in that state.
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What is the term for law based on documents that set forth the government's organization and powers?
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Of all U.S. laws, what is considered supreme over all others?
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If the U.S. Supreme Court deems a state criminal law unconstitutional under the Fourth Amendment, what will happen to that law?
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Statutes are enacted by either the U.S. ___________ or state ___________
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When the U.S. Congress passes federal statutes, states are not obligated to follow them.
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What is the uniform law adopted by all states that facilitates business transactions?
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Which of the following is not true of administrative agencies?
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What type of agency is the Federal Trade Commission?
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What does enabling legislation do?
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Case law is based on the decisions made by those who run administrative agencies.
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What are statutory laws?
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What are constitutional laws?
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What are administrative laws?
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What is case law?
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A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.
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What does the Latin term stare decisis mean?
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What is binding authority?
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What is persuasive authority?
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A binding authority does NOT include:
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What remedies include specific performance?
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Today, most jurisdictions maintain separate courts of equity and courts of law.
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Study Notes
Federal Law and Constitutional Supremacy
- A federal law conflicting with the U.S. Constitution is deemed unconstitutional.
- The U.S. Constitution is recognized as the supreme law of the United States, surpassing all federal and state laws.
Legal Foundations and Sources of Law
- Precedent is utilized by judges in common law systems for case decision-making.
- Primary sources of law include constitutions, statutes, regulations, and case law; a legal encyclopedia is not considered a primary source.
- Statutes are laws enacted by Congress or state legislatures, applicable within their jurisdiction.
Administrative Law and Agencies
- A significant function of administrative agencies is rule-making to govern specific areas.
- Administrative agencies exist to perform specific government functions, supported by enabling legislation that grants them authority.
- The Federal Trade Commission serves as an example of an independent regulatory agency.
Types of Law
- Civil law applies to disputes such as personal injury cases, distinguishing from criminal law.
- Sources of international law include laws of individual nations, treaties, and international organization statutes.
- Statutory laws are enacted by various legislative bodies at federal, state, and local levels.
Case Law and Precedents
- Case law arises from the decisions of judges in court opinions, providing legal principles for future cases.
- The Latin phrase "stare decisis" signifies adhering to established precedents in judicial rulings.
- Binding authority must be followed by courts, while persuasive authority can guide but is not mandatory.
Constitutional and Statutory Law Distinction
- Constitutional law defines the organization and limits of government powers as expressed in the U.S. Constitution and state constitutions.
- Administrative laws comprise rules and decisions issued by administrative agencies, distinct from case law.
Remedies and Court Systems
- Remedies in equity provide specific performance as a legal remedy, contrasting with remedies available at law.
- Most jurisdictions do not maintain separate courts for equity and law, reflecting a modern integrated judicial system.
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Description
Test your knowledge of foundational concepts in business law with these flashcards. This quiz covers key legal principles, including the supremacy of the U.S. Constitution and the use of precedent in common law. Perfect for law students or anyone interested in legal studies.
