Deck 1: Introduction

Question 1

At the conclusion of a bench trial the judge will announce findings of fact, conclusions of law, and award a judgment.

Answer 1

True

Question 2

One reason that vague criminal laws may be ruled unconstitutional is because they may authorize arbitrary and discriminatory enforcement.Even laws that are not vague; i.e., those which seem straightforward and impartial-are often applied in an unfair manner because of the prejudices and biases of people participating in the justice system.The belief that the law is often applied in an arbitrary manner because of social realities is associated with what jurisprudential school of thought?

A) Analytical Positivism
B) Legal Realism or Sociological Jurisprudence
C) Utilitarian Law
D) Natural Law

Answer 2

B

Question 3

In order to meet the burden of proof to find a person guilty of a crime, the defendant's guilt must be proven beyond the shadow of a doubt.

Answer 3

False

Question 4

A wrongful act must be intentional to be considered a tort.

Question 5

U.S.Supreme Court cases tend to be quite long.Thus, when reading a court opinion, a student should focus only on whether the decision was just.

Question 6

Ezra is not concerned about the morality involved in Insider Trading prohibitions.Instead he adamantly believes that because these laws are valid statutes passed by Congress, people ought to obey them-end of story.To which jurisprudential school of thought would Ezra belong?

A) Natural law
C) Utilitarian law
B) Positive law/analytical positivism
D) Sociological law

Question 7

An intentional tort can lead to both criminal and civil charges.

Question 8

It is common for contracts to be imposed by law.

Question 9

In the 1960s during the Civil Rights movement, people would frequently protest laws that permitted segregation based upon race by peacefully refusing to obey them.For example, Rosa Parks, an African American woman, was arrested for refusing to move to the back of a Montgomery bus.Many such protesters justified their disobedience based upon the belief that the segregation laws were immoral and unfair.They believed that arbitrary classifications based upon immutable traits, such as race, should not be respected as law because the government has a moral duty to treat all persons equally and fairly whatever their race.Which jurisprudential school of thought is reflected in such beliefs?

A) Legal Realism
C) Historical Jurisprudence
B) Natural Law
D) Utilitarian Law

Question 10

When a person fails to perform a contractual obligation, they commit a tortious act.

Question 11

The Fifth Amendment Due Process Clause controls both the federal government and the state governments.

Question 12

The party that appeals a suit is the appellant; the party against whom the appeal is taken is the appellee.

Question 13

Briefing a case is the process of presenting legal arguments to the court.

Question 14

One example of public law would be when one person contracts to buy flowers from another.

Question 15

One example of private law would be when a state prosecutes a criminal.

Question 16

Why were the elites attracted to the idea of historical jurisprudence?

A) It resulted in the greatest fairness for the most people.
B) It maintained the status quo, which preferred the elites.
C) It banned lawsuits against the elites.
D) It promoted rapid change and easily kept up with the times.

Question 17

Tort law allows an individual to require the state to file criminal charges when someone fails to meet established standards of conduct.

Question 18

The Due Process Clause of the U.S.Constitution focuses on "life, liberty, and the pursuit of happiness."

Question 19

Both public and private law seek justice, speed, and economy.

Question 20

Which of the following legal areas retains aspects of historical jurisprudence?

A) Tort law
C) Real Estate law
B) Family law
D) Entertainment law

Question 21

What percentage of all lawsuits filed actually are decided at trial?

A) Less than 26%
C) Less than 2%
B) Less than 13%
D) None of the above is true.

Question 22

What are the main considerations of procedural due process?

A) Accuracy
C) Costs
B) Fairness
D) All of the above are correct.

Question 23

An appellant is

A) the party who lost at the trial-court level.
C) a party who brings an appeal.
B) the plaintiff at the trial-court level.
D) none of the above.

Question 24

A breach of contract happens when

A) a party fails to perform their contractual obligations.
B) a party commits a tort.
C) a contract is voluntarily entered into for a criminal purpose.
D) a contract lacks consideration.

Question 25

Mildred Jeter, a black woman, and Richard Loving, a white man, were residents of Virginia.In 1958 they were married in the District of Columbia.The Lovings returned to Virginia to begin their married lives together.The State of Virginia prosecuted and convicted the Lovings of violating Virginia's statute prohibiting interracial marriages.The Lovings were sentenced to a one-year jail term, which would be suspended if they agreed to leave Virginia for a 25-year period.The Lovings moved to the District of Columbia and brought a motion in the Virginia trial court to vacate the judgment and set aside the sentence.They maintained that their Fourteenth Amendment due process rights had been violated by Virginia.Explain the Lovings' argument.

Question 26

John was tired of having his lunch stolen from his locker at his place of employment.To get even with the thief, John armed the locker with explosives that would be triggered by the movement of the lunch bag.When triggered, the explosion seriously inured Tom, who had been taking the lunches for his own consumption.Which of the following statements is true?

A) No criminal prosecution could result from this incident because one has the right to defend property with deadly force.
B) No criminal prosecution could result from this incident because John only got hurt.
C) Either a criminal or a civil proceeding could result from this incident, but John would have to choose one or the other; there cannot be both.
D) Both a criminal and a civil proceeding would likely result from this incident.

Question 27

Due process applies to

A) only substantive law.
B) only procedural law.
C) both substantive and procedural law.
D) neither substantive nor procedural law.

Question 28

The king most involved in the development of the English common law was

A) Edward the Confessor.
C) Richard III.
B) John.
D) Henry II.

Question 29

Our nation is committed to the rule of law.What does that mean?

A) Our laws were enacted for and apply primarily to the elites.
B) Our laws apply to everyone- no person is above the law.
C) Our laws were enacted for and apply primarily to the poor and uneducated.
D) None of the above is true.

Question 30

Which of the following is not a fundamental right under substantive due process?

A) Contraception
C) Child rearing
B) Health care
D) Education

Question 31

If Webster sues Olson for breaking Webster's arm in a barroom fight in Lihue, Hawaii, the civil case would be captioned

A) Olson v.Webster
C) Webster v.Olson
B) State of Hawaii v.Webster
D) Olson v.State of Hawaii

Question 32

Many observers disagreed with the verdict in the famous first Rodney King case, believing that the verdict was not based on the evidence.In other words, many observers believe that race, money, and personal prejudices were the basis for the verdict, not the evidence, and that the law did not reflect what happened in the courtroom.To what jurisprudential school of thought would these observers belong?

A) Analytical Positivism
C) Natural Law
B) Utilitarian Law
D) Legal Realism

Question 33

Which of the following statements regarding Katko v.Briney is true?

A) Katko v.Briney is an example of a criminal appeal.
B) At the end of the trial, the landowner in Katko v.Briney was found responsible and would have to go to jail.
C) Katko v.Briney is an example of a civil case.While the trespasser faced a separate criminal proceeding, the landowner did not; he only had to pay damages after the verdict was upheld on appeal.
D) Because there was a dissenting opinion in the appeal of Katko v.Briney, there will have to be a new trial.

Question 34

Which of the following was a traditional characteristic of the English law courts?

A) Issuing writs of subpoena and summons.
C) Following precedent when deciding cases.
B) Ordering specific performance of contracts.
D) None of the above is true.

Question 35

Fuentes purchased a stove and stereo from Firestone Tire and Rubber Company.Payment was to be made in monthly installments over a period of time.After two-thirds of the payments were made, Fuentes defaulted.Firestone filed an action for repossession and at the same time instructed the sheriff to seize the property pursuant to state law.The sheriff seized the property before Fuentes even knew of Firestone's suit for repossession.Which constitutional safeguard does the state statute, which allows seizure prior to notice and hearing, violate?

A) Sixth Amendment, right to trial by jury
B) Fifth Amendment, Due Process Clause
C) Fourteenth Amendment, Due Process Clause
D) Fourth Amendment, right to be free from unreasonable searches and seizures

Question 36

Describe the purpose of a case brief and list its main elements.

Question 37

A contract consists of

A) an offer, consideration, and a remedy.
B) an offer, a remedy, and equitable relief.
C) an offer, acceptance, and consideration.
D) an offer, acceptance, and a remedy.

Question 38

If a criminal law is too vague or is overbroad, then substantive due process rights are violated because such a law fails to give citizens fair notice of what is prohibited.What is another concern raised by vague criminal statutes?

A) They may permit police officers to act arbitrarily in the enforcement of the law.
B) They may permit police to enforce the law in a discriminatory manner.
C) Both A and B are true.
D) None of the above is true.

Question 39

When an appellate court remands a case, it

A) affirms the lower court's decision.
B) reverses the lower court's decision.
C) submits the case to a higher court.
D) returns the case to the lower court.

Question 40

The Fifth and Fourteenth Amendment Due Process Clauses apply to

A) everyone.
B) just the government.
C) just private parties.
D) none of the above.

Question 41

Compare criminal and civil law.Who sues whom in each area? What kinds of acts generate a suit? What kinds of remedies are available? Explain your answers fully.