Deck 4: Sources of American Law

Question 1

are books and articles that summarize, synthesize, and explain the primary sources of law.

A)Secondary sources of law
B)Primary sources of law
C)Tertiary sources of law
D)Explanatory sources of law

Answer 1

A

Question 2

are books and articles that summarize, synthesize, and explain the primary sources of law.

A)Exemplary sources of law
B)Primary sources of law
C)Tertiary sources of law
D)Explanatory sources of law
E)None of these choices are correct

Answer 2

E

Question 3

A court decision that furnishes an example or authority for deciding subsequent cases in which identical or similar facts are presented is called:

A)Stare decisis
B)A common law
C)A precedent
D)An analogy

Answer 3

C

Question 4

Which of the following is a primary source of law?

A)Compilations of law
B)Case law
C)Restatements of the law
D)Treatises

Question 5

Which of the following is not a primary source of law?

A)Common law doctrines
B)Case law
C)The U.S.Constitution
D)Treaties
E)Restatements of the Law

Question 6

In establishing the common law, the English courts sought to provide general rules for:

A)William the Conqueror
B)Certain regions of the country
C)The entire country
D)William the Conqueror and the entire country

Question 7

Which of the following legal systems contributed to the development of American law?

A)Spanish
B)French
C)Mexican
D)Spanish and French
E)All of these choices are correct

Question 8

Secondary sources of law:

A)Are from the Roman tradition of law
B)Cannot be used in court cases
C)Are books and articles that summarize, synthesize, and explain the primary sources of law
D)Are notoriously unreliable

Question 9

Which of the following is not a secondary source of law?

A)A legal encyclopedia
B)A treaty
C)An article in a law review
D)Restatements of the Law

Question 10

Which of the following is not a primary source of law?

A)Common law doctrines
B)Case law
C)The U.S.Constitution
D)Treaties
E)None of these choices are correct

Question 11

A body of rules of conduct established and enforced by the controlling authority (the government) of a society is known as:

A)A treaty
B)Statutory law
C)International law
D)Law

Question 12

Which of the following is a secondary source of law?

A)Case law
B)The U.S.Constitution
C)A statute
D)A treaty
E)None of these choices are correct

Question 13

A body of law developed from custom or judicial decisions in English and U.S.courts and not attributable to a legislature is known as:

A)Civil law
B)National law
C)Common law
D)Statutory law

Question 14

Common law, a major source of American law, originated in:

A)Rome
B)The United States
C)England
D)None of these choices are correct

Question 15

Which of the following is one of the most important functions of law in any society?

A)To provide health care for everyone
B)To provide stability, predictability, and continuity so that people can arrange their affairs
C)To make sure the upper class is not displaced
D)To ensure taxes are adequate to support public works

Question 16

Which of the following is a primary source of law?

A)Common law doctrines
B)Case law
C)Restatements of the law
D)Treatises
E)Common law doctrines and case law

Question 17

Which of the following is a secondary source of law?

A)A legal encyclopedia
B)A treatise
C)An article in a law review
D)Restatements of the Law
E)All of these choices are correct

Question 18

Which of the following is not a secondary source of law?

A)A legal encyclopedia
B)Case law
C)An article in a law review
D)Restatements of the Law

Question 19

Which of the following is a secondary source of law?

A)Case law
B)The U.S.Constitution
C)A statute
D)A treatise

Question 20

Which of the following is a primary source of law?

A)Common law doctrines
B)Case law
C)The U.S.Constitution
D)Treaties
E)All of these choices are correct

Question 21

Which of the following describes the useful functions of the doctrine of stare decisis?

A)Efficiency
B)Consistency
C)Stability and predictability
D)All of these choices are correct

Question 22

In the case Brown v.Board of Education of Topeka, the U.S.Supreme Court held that:

A)A Louisiana statute providing for separate railway cars for whites and African
B)A surrogate-parenting contract should be enforced against the wishes of the natural mother
C)Separate educational facilities for whites and African Americans were inherently unequal
D)A Louisiana statute providing for separate railway cars for whites and African Americans provided equal facilities for African Americans and separate educational facilities for whites and African Americans were inherently unequal

Question 23

When deciding cases of first impression, courts may consider which of the following factors?

A)Legal principles and policies underlying previous court decisions or statutes
B)Fairness
C)Social values and customs
D)Public policy
E)All of these choices are correct

Question 24

Occasionally, a court will depart from precedent if:

A)The precedent is incorrect
B)It is a case of first impression
C)Technological or social changes have made the precedent inappropriate
D)The precedent is incorrect and technological or social changes have made the precedent inappropriate
E)All of these choices are correct

Question 25

is any source of law that a court must follow when deciding a case, including constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.

A)Stare decisis
B)Binding authority
C)Persuasive precedent
D)Precedent

Question 26

Under the doctrine of stare decisis:

A)Judges are obligated to follow the precedents established by their own courts or by higher courts within their jurisdictions
B)Judges may decide cases however they feel best
C)Judges must always consider the financial status of those involved in the case
D)All of these choices are correct

Question 27

Persuasive precedents are:

A)Never used when deciding court cases
B)Precedents decided in similar cases in other jurisdictions
C)Precedents decided in a particularly decisive manner
D)Precedents decided by the Supreme Court

Question 28

Which of the following is not an example of a binding authority?

A)Constitutions
B)Statutes
C)Law journals
D)Regulations

Question 29

A is a decision made by a judge in case that has come before the court and which then becomes part of the law on the subject.

A)Legal precedent
B)Legal decision
C)Judicial decision
D)None of these choices are correct

Question 30

Judges often decide cases based upon from previous cases on similar subjects.

A)Legal merits
B)Legal precedents
C)Judicial precedents
D)Jury reports

Question 31

Public policy is:

A)A traditional, but unwritten policy
B)A governmental policy based on stare decisis
C)A governmental policy based on widely held societal values
D)None of these choices are correct

Question 32

A case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction is known as:

A)Precedent
B)Stare decisis
C)A case of first impression
D)A public policy decision

Question 33

Which of the following is not an example of a binding authority?

A)Constitutions
B)Statutes
C)Regulations
D)None of these choices are correct

Question 34

The doctrine of makes the law more stable and predictable.

A)Stare decisis
B)Romanus decisis
C)Stability
D)Common law

Question 35

Developments in technology often outpace the law, resulting in cases for which there is no precedent.Such cases are referred to as:

A)Cases of first impression
B)Public policy cases
C)Stare decisis
D)Departures from precedent
E)None of these choices are correct

Question 36

Which of the following cases helped launch the civil rights movement?

A)Johnson v.Board of Education of Huntsville
B)Brown v.Board of Education of Topeka
C)Roe v.Wade
D)None of these choices are correct

Question 37

Courts consider legal principles and policies underlying previous court decisions or existing statutes, fairness, social values and customs, public policy and data, and concepts drawn from the social sciences when deciding:

A)Stare decisis cases
B)Cases of first impression
C)Cases of import
D)Cases of precedent

Question 38

Which of the following is an example of a binding authority?

A)Constitutions
B)Statutes
C)Regulations
D)All of these choices are correct

Question 39

When no binding authority exists, courts will often review:

A)Law journals
B)Persuasive precedents
C)Regulations
D)Example precedents
E)Stare decisis

Question 40

is the doctrine under which a court is obligated to follow the earlier decisions of that court or higher courts within the same jurisdiction.

A)Statutory law
B)The common law
C)Precedent
D)Stare decisis

Question 41

In medieval England the chancellor was:

A)A lawyer
B)A judge
C)An adviser to the king
D)A member of a jury

Question 42

Which of the following is the result of an action at law?

A)A judgment
B)A decree
C)A decision
D)A declaration

Question 43

Which of the following frames a judge's decision-making process?

A)Unique personality
B)Personal history
C)Intellectual attributes
D)All of these choices are correct

Question 44

Jurisdiction is:

A)An important legal concept that relates to the authority of a court to hear and decide a case
B)A little used remnant of Roman law
C)Not important for most cases
D)No longer a valid legal concept due to globalization

Question 45

Early English courts could grant only limited in the form of land, items of value, or money.

A)Remedies
B)Compensations
C)Gifts
D)Bribes

Question 46

A remedy allowed by courts where remedies at law are not appropriate and that is based on rules of fairness, justice, and honesty is called a:

A)Common law remedy
B)Remedy at law
C)Remedy in equity
D)Civil law remedy

Question 47

A court that was created to decide cases where there was no adequate remedy at law is called a(n):

A)International court of law
B)Court of law
C)Probate court
D)Court of equity

Question 48

An action in equity is decided by:

A)A judge
B)A jury
C)A priest
D)A judge or a jury

Question 49

A governmental policy based on widely held societal values is known as:

A)Public policy
B)Fair policy
C)Societal policy
D)Social policy

Question 50

are state statues permitting courts to exercise jurisdiction over nonresidents.

A)Long reach statutes
B)Interstate statutes
C)Long arm statutes
D)Federal statutes

Question 51

Money damages are an example of a:

A)Remedy in chancery
B)Remedy in equity
C)Remedy at law
D)Remedy in chancery and remedy at law

Question 52

Which of the following could be awarded as a remedy in an early English court?

A)Land
B)An item of value
C)Money
D)All of these choices are correct

Question 53

Which of the following is the first step you should take when researching a case of first impression?

A)See it there is an existing law that the judge might determine should apply to your case
B)Look to see if any other court has considered a similar legal issue and what that court concluded
C)Prepare some legal advice to offer the client
D)Start a log sheet of the hours you spend working on the case

Question 54

Long arm statues are:

A)Federal statues permitting the Supreme Court to try any case
B)State statues permitting courts to exercise jurisdiction over nonresidents
C)Local statutes permitting county courts to try residents of other counties
D)None of these choices are correct

Question 55

are courts in which the only remedies that could be granted were money, items of value, and land, and which were distinct from courts of equity of the English courts.

A)International Courts
B)Courts of equity
C)Courts of law
D)Courts of Chancery

Question 56

is an important legal concept that relates to the authority of a court to hear and decide a case.

A)Stare decisis
B)Jurisdiction
C)Range of influence
D)Voting district

Question 57

was an advisor to the king in medieval England who received petitions for claims for which there was no adequate remedy at law.

A)The king's judge
B)William the Conqueror
C)The chancellor
D)None of these choices are correct

Question 58

Jurisdiction in the United States is based on:

A)The requirement of minimum contacts
B)Stare decisis
C)The Supreme Court
D)The Constitution

Question 59

An action at law is decided by:

A)A judge
B)A jury
C)A priest
D)A judge or a jury

Question 60

Which of the following is the result of an action in equity?

A)A judgment
B)A decree
C)A decision
D)A declaration

Question 61

Specific performance is often granted in cases involving:

A)Rare books
B)Paintings
C)Interests in land
D)All of these choices are correct

Question 62

Which of the following is an example of an equitable maxim?

A)Whoever seeks equity must do equity
B)Equity requires clean hands
C)Equity values form over substance
D)Whoever seeks equity must do equity and equity requires clean hands

Question 63

The statute of limitations for first-degree murder is:

A)Five years
B)Twenty-five years
C)Fifty years
D)There is no statute of limitations for first-degree murder

Question 64

Disputes over which of the following would not be likely to qualify for specific performance?

A)A contract for 10,000 half-inch screws
B)A contract for 500 cans of red spray paint
C)A contract for the purchase of a rare book
D)A contract for 10,000 half-inch screws and a contract for 500 cans of red spray paint

Question 65

A court decree ordering a person to do or to refrain from doing a certain act is known as:

A)An injunction
B)A maxim
C)Specific performance
D)None of these choices are correct

Question 66

Specific performance is often granted in cases involving:

A)Rare books
B)Child abuse
C)Personal services
D)All of these choices are correct

Question 67

Which of the following is an example of an equitable maxim?

A)Whoever seeks equity must do equity
B)Equity requires clean hands
C)Equity will not suffer a right to exist without a remedy
D)Equity values substance over form
E)All of these choices are correct

Question 68

Which of the following is an example of an equitable maxim?

A)The early bird gets the worm
B)Equity requires clean hands
C)Equity will suffer a right to exist without a remedy
D)Equity values form over substance
E)All of these choices are correct

Question 69

Disputes over which of the following would not be likely to qualify for specific performance?

A)A contract for 10,000 half-inch screws
B)A contract for the purchase of a painting
C)A contract for the purchase of a rare book
D)All of these choices are correct

Question 70

The statute of limitations for civil wrongs typically ranges from:

A)Six months to one year
B)Two to five years
C)Ten to twenty years
D)Fifteen to thirty years

Question 71

"Equity aids the vigilant, not those who sleep on their rights" is an example of a(n):

A)Equitable maxim
B)Legal principle
C)Wise saying
D)Judge's advice

Question 72

Specific performance is rarely granted in cases involving:

A)Rare books
B)Rare coins
C)Personal services
D)Interests in land

Question 73

Disputes over which of the following would be likely to qualify for specific performance?

A)A contract for 10,000 half-inch screws
B)A contract for 500 cans of red spray paint
C)A contract for the purchase of a rare book
D)All of these choices are correct

Question 74

The statute of limitations for contracts involving the sale of goods is typically:

A)One year
B)Four years
C)Five years
D)Ten years

Question 75

Which of the following is true of equity?

A)Decisions in equity cases do not involve considerations of fairness
B)Money damages are an equitable remedy
C)Courts of equity are not guided by equitable principles and maxims
D)Law and equity have merged, so today the same court can award both remedies

Question 76

is an equitable remedy requiring the performance that was specified in a contract and is granted only when money damages are inadequate and where the subject matter of the contract is unique.

A)An injunction
B)Laches
C)Specific performance
D)None of these choices are correct

Question 77

is an equitable doctrine that bars a person's right to legal action if the person has neglected, for an unreasonable length of time, to act upon his rights.

A)Clean hands
B)Inadequate legal remedy
C)Laches
D)None of these choices are correct

Question 78

Which of the following is an example of an equitable maxim?

A)Whoever seeks equity must do equity
B)Equity requires dirty hands
C)Equity will suffer a right to exist without a remedy
D)Equity values form over substance
E)All of these choices are correct

Question 79

Which of the following is an equitable remedy?

A)Specific performance
B)Money damages
C)Injunction
D)Specific performance and injunction
E)All of these choices are correct

Question 80

Propositions or general statements of rules of law that are frequently involved in equity cases are called:

A)Specific performance
B)Injunctions
C)Equitable remedies
D)Equitable principles and maxims