Chapter 1: The Civil Law and Common Law Traditions

Question 1

Administrative agencies are the instruments through which the president and Congress establish policies and implement government regulation.

a. FALSE
b. TRUE

Answer 1

True

Question 2

When a litigant takes a case to an appeals court, that court is focused on issues of both law and fact.

a. TRUE
b. FALSE

Answer 2

False

Question 3

During the first step of a civil lawsuit, attorneys decide whether a company’s negligence, such as failing to warn workers of a factory’s slippery floor, is a viable cause of action.

a. TRUE
b. FALSE

Answer 3

True

Question 4

The trend since the mid-twentieth century has been toward mandating responsible business behaviors through antitrust laws, securities laws, and regulations; labor laws; tax incentives; and consumer protection.

a. TRUE
b. FALSE

Answer 4

True

Question 5

Alternative dispute resolution (ADR) is useful in business-related disputes because it saves the court valuable research-and-review time before the court case actually begins.

a. TRUE
b. FALSE

Answer 5

True

Question 6

The burden of proof in a criminal case may be either a preponderance of the evidence or evidence that is beyond a reasonable doubt.

a. TRUE
b. FALSE

Answer 6

False

Question 7

In America’s courtrooms, a judge may settle business disputes using the principle of stare decisis, or “standing on previous decisions.”

a. FALSE
b. TRUE

Answer 7

True

Question 8

common law system

Answer 8

• like the United Kingdom and the United States
• there is much more litigation, so you need to be prepared

Question 9

civil law system

Answer 9

• like in Europe and S. America
• more efficient and stable
• leaving little room for judicial interpretation and lawyers

Question 10

litigation

Question 11

administrative law

Question 12

state statutes

Question 13

congress

Question 14

federal statutes