Question 1

The Montana legislature enacts a state law that violates the U.S.Constitution.This law can be enforced by

Accepted Answer

A)   no one.
B)   the federal government only.
C)   the state of Montana only.
D)   the United States Supreme Court only.E) A) and D)
F) None of the above

Question 2

The basis of a civil law system is a written code of laws.

Accepted Answer

A) True 
 B)False  True

Question 3

If an agency fails to follow the rulemaking procedures imposed by the Administrative Act,the resulting rule may not be binding.

Accepted Answer

A) True 
 B)False

Question 4

A statute is a secondary source of law.

Accepted Answer

A) True 
 B)False

Question 5

A citation is a regulation enacted by a city or county legislative body.

Accepted Answer

A) True 
 B)False  False

Question 6

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S.Constitution

Accepted Answer

A)   neither provision will be enforced.
B)   both provisions will be enforced.
C)   the state provision will be enforced only within that state's borders.
D)   the state provision will not be enforced.E) All of the above
F) C) and D)

Question 7

The Uniform Commercial Code facilitates commerce

Accepted Answer

A)   among the states.
B)   between the states and the federal government.
C)   in countries that were once colonies of Great Britain.
D)   in international markets.E) A) and C)
F) A) and B)

Question 8

Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state.

Accepted Answer

A) True 
 B)False

Question 9

The common law is a body of law developed from judicial decisions.

Accepted Answer

A) True 
 B)False

Question 10

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc.has violated an EPA regulation.If no settlement is reached,the EPA can

Accepted Answer

A)   issue a formal complaint.
B)   do nothing.
C)   take the matter to the U.S.Supreme Court.
D)   immediately impose sanctions.E) B) and D)
F) B) and C)

Question 11

When Lara and Mick cannot resolve their dispute amicably,Lara initiates a lawsuit against Mick.Lara is

Accepted Answer

A)   the case of first impression.
B)   the persuasive authority.
C)   the plaintiff.
D)   the defendant.E) None of the above
F) B) and C)

Question 12

A precedent is any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

Accepted Answer

A) True 
 B)False

Question 13

In a suit against Guillermo,Hailey obtains an award of damages.This is

Accepted Answer

A)   an order to do or to refrain from doing a certain act.
B)   the right to harm another.
C)   a payment of money or property.
D)   the cancellation of a contract.E) B) and C)
F) All of the above

Question 14

The legal rules that control a business's actions reflect past and current thinking about how similar businesses should and should not act.

Accepted Answer

A) True 
 B)False

Question 15

A precedent is

Accepted Answer

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.E) All of the above
F) B) and D)

Question 16

The Uniform Commercial Code provides a set of rules governing

Accepted Answer

A)   commercial transactions.
B)   state legislative adoptions.
C)   congressional procedures.
D)   administrative processes.E) B) and D)
F) None of the above

Question 17

Courts give significant weight-deference-to an agency's judgment and interpretation of its rules.

Accepted Answer

A) True 
 B)False  True

Question 18

At one time,a court of law could grant as a remedy only

Accepted Answer

A)   monetary damages.
B)   an order to perform a contract as promised.
C)   a judicial proceeding for the resolution of a dispute.
D)   an injunction.E) A) and B)
F) A) and C)

Question 19

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media.The first step is

Accepted Answer

A)   compile the rule with others in the Federal Register.
B)   draft the rule.
C)   publish a notice of the proposed rulemaking.
D)   solicit public comment.E) B) and C)
F) A) and B)

Question 20

A constitution sets forth a government's

Accepted Answer

A)   limits,but not powers.
B)   limits and powers.
C)   neither limits nor powers.
D)   powers,but not limits.E) A) and B)
F) None of the above

Exam 1: Law and Legal Reasoning

The Montana legislature enacts a state law that violates the U.S.Constitution.This law can be enforced by

Correct AnswerverifiedShow Answer

The basis of a civil law system is a written code of laws.

Correct AnswerverifiedTrue

If an agency fails to follow the rulemaking procedures imposed by the Administrative Act,the resulting rule may not be binding.

Correct AnswerverifiedShow Answer

A statute is a secondary source of law.

Correct AnswerverifiedShow Answer

A citation is a regulation enacted by a city or county legislative body.

Correct AnswerverifiedFalse

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S.Constitution

Correct AnswerverifiedShow Answer

The Uniform Commercial Code facilitates commerce

Correct AnswerverifiedShow Answer

Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state.

Correct AnswerverifiedShow Answer

The common law is a body of law developed from judicial decisions.

Correct AnswerverifiedShow Answer

The Environmental Protection Agency (EPA) discovers that Fish Farm Inc.has violated an EPA regulation.If no settlement is reached,the EPA can

Correct AnswerverifiedShow Answer

When Lara and Mick cannot resolve their dispute amicably,Lara initiates a lawsuit against Mick.Lara is

Correct AnswerverifiedShow Answer

A precedent is any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

Correct AnswerverifiedShow Answer

In a suit against Guillermo,Hailey obtains an award of damages.This is

Correct AnswerverifiedShow Answer

The legal rules that control a business's actions reflect past and current thinking about how similar businesses should and should not act.

Correct AnswerverifiedShow Answer

A precedent is

Correct AnswerverifiedShow Answer

The Uniform Commercial Code provides a set of rules governing

Correct AnswerverifiedShow Answer

Courts give significant weight-deference-to an agency's judgment and interpretation of its rules.

Correct AnswerverifiedTrue

At one time,a court of law could grant as a remedy only

Correct AnswerverifiedShow Answer

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through social media.The first step is

Correct AnswerverifiedShow Answer

A constitution sets forth a government's

Correct AnswerverifiedShow Answer

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True

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False

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