Question 1

The party bringing a civil lawsuit must prove the case by a preponderance of the evidence.

Accepted Answer

A) True 
 B)False  True

Question 2

Explain how the terms civil law and civil law system differ.

Accepted Answer

Civil law systems depend on comprehensive legislative enactments called codes and the inquisitorial method of adjudication. The "civil law" defines duties the violation of which constitutes a wrong against the party injured by the violation.

Question 3

What is the function of law? Some observers claim we have too much law today. What accounts for the increased number of laws that exist today?

Accepted Answer

The primary function of law is to maintain stability while simultaneously permitting change. Other functions are protection of property, dispute resolution, facilitation of voluntary agreements, and preservation of the state. Many factors and opinions can be cited by students. In general, the complexity of today's society accounts for the increase in law, especially the statutory and administrative law.

Question 4

You find a decision of the U.S. Court of Appeals in the Federal Reporter.

Accepted Answer

A) True 
 B)False

Question 5

The federal Constitution provides that federal statutes and treaties are paramount to state constitutions.

Accepted Answer

A) True 
 B)False

Question 6

The party who files an appeal is the:

Accepted Answer

A)  appellant. 
B)  appellee. 
C)  defendant. 
D)  plaintiff. 
A)  appellant. 
B)  appellee. 
C)  defendant. 
D)  plaintiff.

Question 7

Usual remedies granted in a criminal case include compensation for the victim.

Accepted Answer

A) True 
 B)False

Question 8

The doctrine of stare decisis has the disadvantage of not allowing sufficient flexibility for the common law to change.

Accepted Answer

A) True 
 B)False

Question 9

What is law? Discuss the various definitions of law by legal scholars. What is the relationship between law and morality and between law and justice?

Accepted Answer

Numerous philosophers and jurists have a

Question 10

A private citizen may bring a criminal action against an individual for breaking a criminal law.

Accepted Answer

A) True 
 B)False

Question 11

In a court of equity, a chancellor could issue an order called a doing a certain act.

Accepted Answer

A)  judgment 
B)  decree 
C)  stare decisis d. rescission
, compelling a defendant to do or refrain from 
A)  judgment 
B)  decree 
C)  stare decisis d. rescission
, compelling a defendant to do or refrain from

Question 12

The separation of powers involves:

Accepted Answer

A)  the federal judiciary, the federal Congress and the federal executive branch 
B)  the federal House of Representatives and the federal Senate 
C)  the executive branches at the federal, state, and local levels 
D)  the court systems at the federal, state and local levels 
A)  the federal judiciary, the federal Congress and the federal executive branch 
B)  the federal House of Representatives and the federal Senate 
C)  the executive branches at the federal, state, and local levels 
D)  the court systems at the federal, state and local levels

Question 13

Which of the following is NOT true about the equity courts?

Accepted Answer

A)  They were originally presided over by a chancellor. 
B)  They provided remedies not available in courts of law. 
C)  They provided for trials by jury. 
D)  They followed maxims. 
A)  They were originally presided over by a chancellor. 
B)  They provided remedies not available in courts of law. 
C)  They provided for trials by jury. 
D)  They followed maxims.

Question 14

The branch of public law that deals with the various regulatory functions and activities of the government is:

Accepted Answer

A)  criminal law. 
B)  administrative law. 
C)  constitutional law. 
D)  substantive law. 
A)  criminal law. 
B)  administrative law. 
C)  constitutional law. 
D)  substantive law.

Question 15

If the State of Minnesota negotiates with the Canadian government on issues involving acid rain and eventually reaches an agreement with Canadian officials, this is a valid treaty under the United States Constitution.

Accepted Answer

A) True 
 B)False

Question 16

40. American jurists and
defined law in a functional sense as predictions of the way that a court will decide
Specific legal questions.

Accepted Answer

A)  Roscoe Pound and Alexander Hamilton 
B)  Blackstone and Austin 
C)  Roscoe Pound and Benjamin Cardozo 
D)  Oliver Wendell Holmes and Benjamin Cardozo 
A)  Roscoe Pound and Alexander Hamilton 
B)  Blackstone and Austin 
C)  Roscoe Pound and Benjamin Cardozo 
D)  Oliver Wendell Holmes and Benjamin Cardozo

Question 17

Statutory law is:

Accepted Answer

A)  not well suited for making drastic or comprehensive changes, thus its importance as a source of law has diminished since the end of the nineteenth century. 
B)  the primary source of law for such business law topics as contracts, agency, property, and trusts. 
C)  a primary source of new law and ordered social change in the United States. 
D)  created by legislatures, which are less likely to repeal prior enactments than courts are likely to overrule prior decisions. 
A)  not well suited for making drastic or comprehensive changes, thus its importance as a source of law has diminished since the end of the nineteenth century. 
B)  the primary source of law for such business law topics as contracts, agency, property, and trusts. 
C)  a primary source of new law and ordered social change in the United States. 
D)  created by legislatures, which are less likely to repeal prior enactments than courts are likely to overrule prior decisions.

Question 18

Which of the following is NOT considered to be an equitable remedy?

Accepted Answer

A)  Specific performance 
B)  Injunction 
C)  Reformation 
D)  Money damages 
A)  Specific performance 
B)  Injunction 
C)  Reformation 
D)  Money damages

Question 19

The law does not change; it is based on unchanging and universal truths.

Accepted Answer

A) True 
 B)False

Question 20

Under the civil law system, adversaries initiate and conduct litigation.

Accepted Answer

A) True 
 B)False

Exam 1: Introduction to Law

The party bringing a civil lawsuit must prove the case by a preponderance of the evidence.

Explain how the terms civil law and civil law system differ.

What is the function of law? Some observers claim we have too much law today. What accounts for the increased number of laws that exist today?

You find a decision of the U.S. Court of Appeals in the Federal Reporter.

The federal Constitution provides that federal statutes and treaties are paramount to state constitutions.

The party who files an appeal is the:

Usual remedies granted in a criminal case include compensation for the victim.

The doctrine of stare decisis has the disadvantage of not allowing sufficient flexibility for the common law to change.

What is law? Discuss the various definitions of law by legal scholars. What is the relationship between law and morality and between law and justice?

A private citizen may bring a criminal action against an individual for breaking a criminal law.

In a court of equity, a chancellor could issue an order called a doing a certain act.

The separation of powers involves:

Which of the following is NOT true about the equity courts?

The branch of public law that deals with the various regulatory functions and activities of the government is:

If the State of Minnesota negotiates with the Canadian government on issues involving acid rain and eventually reaches an agreement with Canadian officials, this is a valid treaty under the United States Constitution.

40. American jurists and defined law in a functional sense as predictions of the way that a court will decide Specific legal questions.

Statutory law is:

Which of the following is NOT considered to be an equitable remedy?

The law does not change; it is based on unchanging and universal truths.

Under the civil law system, adversaries initiate and conduct litigation.

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

the Legal Environment of Business

Contracts

Agency

Sales

Negotiable Instruments

Unincorporated Business Associations

Corporations

Debtor and Creditor Relations

Regulation of Business

Property

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