This preview shows pages 1–3. Sign up to view the full content.
This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
Unformatted text preview: Answers Chapter 1 True-False Questions 1. T 2. F. Legal positivists believe that there can be no higher law that a nations positive law (the law created by a partic- ular society at a particular point in time). The belief that law should reflect universal moral and ethical principles that are part of human nature is part of the natural law tradition. 3. T 4. T 5. T 6. F. Each states constitution is supreme within each states borders, so long as it does not conflict with the U.S. Constitution. 7. F. The National Conference of Commissioners on Uni- form State Laws drafted the Uniform Commercial Code (and other uniform laws and model codes) and proposed it for adoption by the states. 8. F. This is the definition of civil law. Criminal law relates to wrongs against society as a whole and for which society has established sanctions. 9. T 10. F. A citation may contain the names of the parties, the year in which the case was decided, and the volume and page numbers of a reporter in which the opinion may be found, but it does not include the name of the judge who de- cided the case. Fill-in Questions with similar facts; precedent; permits a predictable Multiple-Choice Questions 1. D. Legal positivists believe that there can be no higher law than the written law of a given society at a particular time. They do not believe in natural rights. 2. B. The use of precedentthe doctrine of stare decisis permits a predictable, relatively quick, and fair resolution of cases. Under this doctrine, a court must adhere to prin- A-1 A-2 APPENDIX A: ANSWERS ciples of law established by higher courts. 3. D. The doctrine of stare decisis attempts to harmonize the results in cases with similar facts. When the facts are sufficiently similar, the same rule is applied. Cases with identical facts could serve as binding authority, but it is more practical to expect to find cases with facts that are not identical but similaras similar as possible. 4. A. An order to do or refrain from a certain act is an injunction. An order to perform as promised is a decree for specific performance. These remedies, as well as rescission, are equitable remedies. An award of damages is a remedy at law. 5. D. Equity and law provide different remedies, and at one time, most courts could grant only one type. Today, most states do not maintain separate courts of law and equity, and a judge may grant either or both forms of relief. Equitable relief is generally granted, however, only if dam- ages (the legal remedy) is inadequate....
View Full Document
- Spring '11
- Managerial Accounting