Deck 1: Legal Heritage and the Information Age

Question 1

The concept of law is narrowly defined,with the same definition applicable in all contexts.

Answer 1

False

Question 2

According to White's Law Dictionary,"Law,in its generic sense,is a body of rules of action or conduct prescribed by controlling authority,and having binding legal force.That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law."

Answer 2

False

Question 3

Laws that make certain activities crimes are examples of the "keeping the peace" function of the law.

Answer 3

True

Question 4

Law is intended to protect persons,but not their property,from unwanted interference from others.

Question 5

The law consists of rules that regulate the conduct of individuals,businesses,and other organizations within society.

Question 6

United States law evolves and changes along with the norms of society,technology,and the growth and expansion of commerce in the United States and the world.

Question 7

Facilitating planning is a function of the law.

Question 8

The rights of freedom of speech,religion,and association,granted by the First Amendment to the United States Constitution,is an example of the "maximizing individual freedom" function of the law.

Question 9

Maximizing individual freedom is a function of the law.

Question 10

The United States Supreme Court decided in Brown v.Board of Education that under the doctrine of stare decisis,courts cannot overrule or change a prior court's decision.

Question 11

Allowing for the settlement of cases prior to trial is an example of the "providing a basis for compromise" function of the law.

Question 12

Laws that discourage drug and alcohol abuse are examples of the "shaping moral standards" function of the law.

Question 13

Providing a basis for compromise is a function of the law.

Question 14

Promoting social justice is a function of the law.

Question 15

Shaping moral standards is not a function of the law.

Question 16

Keeping the peace is a function of the law.

Question 17

Approximately fifty (50)percent of all lawsuits are settled prior to trial.

Question 18

The Natural Law School of jurisprudence believes that the law should be based on what is moral and ethical,and that this natural law is discovered by man through the use of reason and choosing between good and bad.

Question 19

Law serves the functions both to facilitate orderly change and to maintain the status quo.

Question 20

Laws that prohibit discrimination in employment are examples of the "promoting social justice" function of the law.

Question 21

Common law refers to the compilation of similar laws followed from state to state.

Question 22

Proponents of the Law and Economics School of jurisprudence suggest that the practice of appointing counsel,free of charge,to prisoners who bring civil rights cases should be abolished.They believe that if a prisoner cannot find a lawyer who will take the case on a contingency-fee basis or pro bono (free of charge),the case is probably not worth bringing.

Question 23

Proponents of the Critical Legal Studies School argue that strict adherence to legal rules are unnecessary and that arbitrary rules based on broad notions of what is "fair" in each circumstance are sufficient.

Question 24

The Historical School of jurisprudence believes that the law should not change and that what has historically been the law should remain the law.

Question 25

Legal scholars following the Historical School of jurisprudence look to past legal decisions (precedent)to solve contemporary problems.

Question 26

Because of the unfair results and the limited remedy available in the law courts,the Court of Chancery was established.

Question 27

The English common law can be divided into cases decided by the law courts,equity courts,and merchant courts.

Question 28

The philosophers of the Command School of Jurisprudence believe that the law is a set of rules developed,communicated,and enforced by the ruling party rather than a reflection of the society's morality,history,logic,or sociology.

Question 29

Laws that impose penalties for drunk driving reflect the Sociological School of jurisprudence.

Question 30

Chancery was a name for the courts where decisions were based on fairness in circumstances,but the decisions could not differ from decisions of a law court.

Question 31

In the United States,the law,equity,and merchant courts have been merged.

Question 32

According to the Law and Economics School,promoting market efficiency should be the central goal of decision making.

Question 33

The Law and Economics School of jurisprudence is also known as the "San Francisco School."

Question 34

The Critical Legal Studies School postulates that most rape laws make it difficult for women to prove legally that they have been raped because they have mostly been drafted from a male's perspective,and therefore these laws should be ignored and the judge free to decide whether rape has occurred according to his or her subjective decision-making theory.

Question 35

Documents such as the United States Constitution,the Magna Carta,and the United Nations Charter reflect the Natural Law School of Jurisprudence.

Question 36

The Command School of jurisprudence believes that the law commands the ruling class,thus the law should not change when there is a change in the ruling class.

Question 37

English common law was law developed by judges issuing opinions when deciding cases.

Question 38

The Analytical School of jurisprudence maintains that the law is shaped by logic.

Question 39

The Sociological School of jurisprudence emphasizes the following of precedent.

Question 40

United States courts permit an aggrieved party to seek legal,but not equitable,orders and remedies.

Question 41

Stare decisis means "to stand by the decision."

Question 42

As established by the United States Constitution,the executive branch of government (the United States president)has the power to make the law.

Question 43

The federal government has any power that the Constitution does not give to the states.

Question 44

As established by the United States Constitution,the judicial branch of government (consisting of the courts)has the power to interpret and determine the validity of the law.

Question 45

As established by the United States Constitution,the legislative branch of government (the United States Congress)has the power to enforce the law.

Question 46

Together,the federal and state constitutions are considered the supreme law of the land.

Question 47

The United States has never enacted an immigration quota law.

Question 48

The executive branch of government is empowered to issue executive orders.This power is derived from express delegation from the judicial branch and is implied from English common law.

Question 49

The United States Constitution provides that the president may enter into treaties with foreign governments without the advice and consent of the Senate.

Question 50

Currently,the immigration laws of the United States are administered by the United States Citizenship and Immigration Services (USCIS).

Question 51

The courts of one jurisdiction are not bound by the precedent established by the courts of another jurisdiction,although they may look to each other for guidance.

Question 52

The United States Congress is empowered by the Commerce Clause of the United States Constitution to enact federal statutes to regulate foreign and interstate commerce.

Question 53

Any law (whether federal,state,or local)that conflicts with the United States Constitution is unconstitutional and,therefore,unenforceable.

Question 54

The statutes enacted by the legislative branches of the federal and state governments are organized by topic into code books.This is often called deified law.

Question 55

The doctrine of stare decisis provides that each court decision is independent and should stand on its own.

Question 56

All fifty (50)states in the United States base their legal system on English common law.

Question 57

Examples of state statutes include the Clean Water Act,the Securities Act of 1933,and the National Labor Relations Act.

Question 58

The United States Declaration of Independence established the structure of the federal government.

Question 59

The executive and legislative branches of the federal government are each empowered to create administrative agencies.

Question 60

The power of the President to issue an executive order is derived from an express delegation of power from the Constitution.

Question 61

The concept of flexibility in the law is best illustrated by:

A) the use of precedent to decide similar cases in similar ways.
B) passing statutes that purposely do not address precisely how they would apply in all situations.
C) the use of appointed judges rather than elected judges.
D) imposing mandatory penalties for criminal violations.
E) setting a fixed amount of damages applicable to all wrongful death cases.

Question 62

The court's decision in Brown v.Board of Education had what effect on the decision made in Plessy v.Ferguson?

A) It followed precedent.
B) It applied the doctrine of stare decisis.
C) It applied the principle of preemption.
D) It showed that precedent can be overruled and is not binding in every situation.
E) It showed that the United States Constitution is not subject to interpretation.

Question 63

The followers of this school of jurisprudential thought are known as realists:

A) the Sociological School
B) the Critical Legal Studies School
C) the Command School
D) the Analytical School
E) the Psychological School

Question 64

When a statute is enacted dealing with abortion or pornography,this would be an example of which function of law?

A) encouraging individual justice
B) facilitating planning
C) keeping the peace
D) shaping moral standards
E) maintaining the status quo

Question 65

Each of the following is a general function of the law except:

A) shaping moral standards.
B) maintaining the status quo.
C) encouraging individual justice.
D) facilitating orderly change.
E) providing a basis for compromise.

Question 66

Which doctrine was overturned in the case of Brown v.Board of Education?

A) the legality of poll taxes
B) the permissibility of separate but equal facilities
C) allowing only white males to vote
D) the acceptability of paying women less than men for comparable work
E) differential working hours for male and female factory workers

Question 67

According to Black's Law Dictionary,quoted in the text,law can be defined as:

A) the actions that a person is not allowed to perform.
B) a body of rules of action or conduct prescribed by controlling authority.
C) what an individual believes to be fair and just.
D) the persons responsible for the enforcement of society's rules.
E) the justification for the redistribution of wealth.

Question 68

Flexibility in the law most directly makes the law:

A) static.
B) consistent.
C) adaptable.
D) predictable.
E) accountable.

Question 69

Which of the following is not a general function of the law?

A) keeping the peace
B) shaping moral standards
C) promoting social justice
D) maintaining the status quo
E) enforcing an international code of ethics

Question 70

The United States Citizenship and Immigration Services (USCIS)is part of the United States Department of the Interior.

Question 71

Which of the following is true regarding priority of law in the United States?

A) Federal statutes take precedence over federal regulations.
B) Valid federal law takes precedence over any conflicting state or local law.
C) State constitutions rank as the highest state law.
D) Valid state law takes precedence over local laws.
E) Federal statutes take precedence over federal regulations, valid federal law takes precedence over any conflicting state or local law, state constitutions rank as the highest state law, and valid state law takes precedence over local laws.

Question 72

Which of the following is not a recognized school of jurisprudential thought?

A) the Existential School
B) the Natural Law School
C) the Historical School
D) the Analytical School
E) the Sociological School

Question 73

Allowing for the settlement of cases prior to trial is an example of which function of the law?

A) keeping the peace
B) shaping moral standards
C) facilitating planning
D) providing a basis for compromise
E) maximizing individual freedom

Question 74

The school of jurisprudence that believes that legal rules are unnecessary and used by the powerful to maintain the status quo,and that disputes should be resolved based on general notions of fairness,is:

A) the Command School
B) the Sociological School
C) the Critical Legal Studies School
D) the Law and Economics School
E) the Analytical School

Question 75

Someone who believes that law is a reflection of society's morality,history,logic or sociology believes in which school of jurisprudential thought?

A) the Natural School
B) the Historical School
C) the Analytical School
D) the Command School
E) the Psychological School

Question 76

The Critical Legal Studies School of jurisprudence believes that:

A) free market forces and market efficiency are the most important principles underlying the law.
B) past court decisions must be analyzed and criticized in developing new law.
C) subjective decision making by judges based on general notions of fairness is appropriate.
D) one of the main purposes of law is to serve as an official voice of criticism of those in power.
E) judges should employ the same critical methods of analyzing cases in the courtroom that law schools use in teaching the law to students.

Question 77

Persons who believe that law is "discovered" by men and women through the use of reasoning and choosing between good and evil believe in which school of jurisprudential thought?

A) the Natural School
B) the Historical School
C) the Analytical School
D) the Command School
E) the Sociological School

Question 78

Which of the following is most consistent with the Natural Law School of jurisprudence?

A) Law is based on moral and an ethical principle of what is right, and it is the job of men and women, through study, to discover what these principles are.
B) The law is a reflection of society, thus the law must change naturally as society changes over time.
C) The laws of man are secondary to the laws of nature, and thus the laws of nature take precedence whenever the laws of man are in conflict with the laws of nature.
D) By applying the rules of logic to specific cases, the logical, or natural, result will be obtained.
E) Laws must first and foremost respect, preserve and promote the preservation of the environment and life in all its forms.

Question 79

Which of the following is not a general function of the law?

A) facilitating orderly change
B) facilitating planning
C) providing a basis for compromise
D) maximizing individual freedom
E) ensuring the supply of and demand for products in the United States economy

Question 80

Which of the following is not a recognized school of jurisprudential thought?

A) the Command School
B) the Critical Legal Studies School
C) the Nihilistic School
D) the Law and Economics School
E) the Natural Law School