Solution Manual For Business Law and the Legal Environment Standard Edition 9th Edition

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Solution Manual For Business Law and the Legal Environment Standard Edition 9th Edition

Chapter 1

Multiple Choice Questions

1. The United States Constitution is among the finest legal accomplishments in the history of the world. Which of the following influenced Franklin, Jefferson, and the rest of the Founding Fathers?

1. English common-law principles

1. The Iroquois’ system of federalism

1. Both A and B

1. None of the above

Answer: C. Both English common-law principles and the Iroquois’ system of federalism shaped the Constitutional framers’ ideas.

1. Which of the following parts of the modern legal system are “borrowed” from medieval England?

1. Jury trials

1. Special rules for selling land

1. Following precedent

1. All of the above

Answer: D. Countless parts of our modern system originated in Merry Olde England.

1. Union organizers at a hospital wanted to distribute leaflets to potential union members, but hospital rules prohibited leafleting in areas of patient care, hallways, cafeterias, and any areas open to the public. The National Labor Relations Board (NLRB), a government agency, ruled that these restrictions violated the law and ordered the hospital to permit the activities in the cafeteria and coffee shop. What kind of law was it creating?

1. A statute

1. Common law

1. A constitutional amendment

1. Administrative regulation

Answer: D. The NLRB, as an agency, creates regulations. Congress creates statutes, and judges shape the common law.

1. If the Congress creates a new statute with the president’s support, it must pass the idea by a ____________ majority vote in the House and the Senate. If the president vetoes a proposed statute and the Congress wishes to pass it without their support, the idea must pass by a ____________ majority vote in the House and the Senate.

1. simple; simple

1. simple; two-thirds

1. simple; three-fourths

1. two-thirds; three-fourths

Answer: B. More than 50 percent to pass initially (a simple majority), two-thirds if an override is necessary.

1. Dr. Martin Luther King, Jr., wrote “An unjust law is no law at all.” As such, “One has … a moral responsibility to obey unjust laws.” Dr. King’s view is an example of:

1. legal realism.

1. jurisprudence.

1. legal positivism.

1. natural law.

Answer: D. It is an example of the natural law theory of jurisprudence.

Case Questions

1. Lance, an Internet hacker, stole 15,000 credit card numbers and sold them on the black market, making millions. Police caught Lance, and two legal actions followed, one civil and one criminal. Who will be responsible for bringing the civil case? What will be the outcome if the jury believes that Lance was responsible for identity thefts? Who will be responsible for bringing the criminal case? What will be the outcome if the jury believes that Lance stole the numbers?

Answer: The civil cases will be brought by the victims of identity theft, and the outcome of a successful case against Lance would be some type of monetary award for damages suffered. The criminal case will be brought by state prosecutors and the outcome would be imprisonment for Lance.

2. As The Oculist’s Case indicates, the medical profession has faced large number of lawsuits for centuries. In Texas, a law provides that, so long as a doctor was not reckless and did not intentionally harm a patient, recovery for “pain and suffering” is limited to no more than $750,000. In many other states, no such limit exists. If a patient will suffer a lifetime of pain after a botched operation, for example, they might recover millions in compensation.

Which rule seems more sensible to you—the “Texas” rule, or the alternative?

Answer: Answers will vary.

3. You Be the Judge: WRITING PROBLEM Should trials be televised? Here are a few arguments to add to those in the chapter. You be the judge.

Arguments against Live Television Coverage: We have tried this experiment and it has failed. Trials fall into two categories: Those that create great public interest and those that do not. No one watches dull trials, so we do not need to broadcast them. The few that are interesting have all become circuses. Judges and lawyers have shown that they cannot resist the temptation to play to the camera. Trials are supposed to be about justice, not entertainment. If a citizen seriously wants to follow a case, they can do it by reading online news reports or the daily newspaper.

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