Deck 1: Introduction to Law

Question 1

If the President vetoes a bill,it can still become law if both the House and the Senate approve it with a 51% majority.

Answer 1

False

Question 2

In the case of Panavision Int'l v.Toeppen,the Ninth Circuit Court of Appeals affirmed the district court's decision.This means that the Ninth Circuit Court of Appealsapproved the district court's decision and upheld the outcome in the case.

Answer 2

True

Question 3

The doctrine of precedent is binding on all courts from county courts to the U.S.Supreme Court..

Answer 3

False

Question 4

Common law refers to

A)law that is the same or similar in all the states.
B)law made when judges decide cases and then follow those decisions in later cases.
C)law made by legislatures in the form of statutes.
D)the legal systems of France, Germany, and Italy.

Question 5

The case calledKuehn v.Pub Zonewould reveal that Kuehn is the plaintiff,since the plaintiff is always listed first.

Question 6

Congress passed a law imposing penalties for displaying "indecent" material online where children could see it.If the U.S.Supreme Court subsequently rules that the statute conflicts with the First Amendment of the U.S.Constitution,the statute is void.

Question 7

In order to determine if the case she was hearing broke the law,Judge Jane referred to prior rulings on the same subject.In other words,the judge is relying on precedent to make her decision.

Question 8

Common law is a body of cases decided by legislatures.

Question 9

Congress can create a statute on any topic at all.

Question 10

DoorWay Computers,Inc.,the trademark owner of "DoorWay," sought a court injunction to prevent Handyman Hardware,Inc.from using the domain name,"DoorWay.com." A jury will decide whether DoorWay is entitled to this remedy.

Question 11

In Anglo-Saxon society,men were put into groups of ten,known as a "tithing" and were individually held responsible for any injury caused by any member of the group.This is the forerunner of the idea of business partnerships.

Question 12

Lawyers originated in Anglo-Saxon courts,where they were used to mediate disputes.

Question 13

Wilfred was driving too fast for the icy road conditions and hit Sally's car.Sally can sue Wilfred in criminal court.

Question 14

Under the natural law theory of jurisprudence,an unjust law is no law at all.

Question 15

The three branches of government in the United States are

A)the executive, legislative, and administrative.
B)the administrative, executive, and statutory.
C)the executive, legislative, and judicial.
D)the administrative, legislative, and international.

Question 16

Hasbro,Inc.,the trademark owner of "Candy Land," sought a court injunction to stop Internet Entertainment Group,LTD from using the domain name,"candyland.com." Internet Entertainment Group had established a sexually explicit site at the domain name.This injunction would have to be issued by

A)a jury.
B)a judge.
C)an executive order.
D)a lawyer.

Question 17

The Occupational Safety and Health Administration promulgated a rule requiring warehouse employees to wear hardhats when in the vicinity of an operating forklift.The purpose of the hardhats is to protect employees from danger of falling objects.This rule is

A)an executive order.
B)a statute.
C)common law.
D)administrative law.

Question 18

A rule that establishes maximum length of work shifts for air traffic controllers demonstrates an agency imposing a regulation.

Question 19

The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether.This kind of case involves

A)procedural law.
B)private law.
C)civil law.
D)criminal law.

Question 20

In 1994,the Arizona Supreme Court decided the case of Hernandez v.Arizona Board of Regents and found a duty of care to avoid furnishing alcohol to underage consumers.If in 2008 a Flagstaff,Arizona plaintiff brings a lawsuit against an Arizona university's fraternity for providing alcohol to members under the legal drinking age,the Hernandez v.Arizona Board of Regents case will serve as precedent.

Question 21

Treaties with foreign nations can only be made by ________ and ratified by ________.

A)the Secretary of State; the President
B)the President; the Senate by a two-thirds vote
C)the Department of Defense; the Senate by a plurality
D)the President; the House of Representatives by a three-fourths vote

Question 22

Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note.The trial ended before it began,with the trial judge granting a motion for summary judgment in favor of Curtis.Ulhoff has appealed,and the Supreme Court of Iowa has remanded the case.This means

A)Curtis automatically wins because he won in the lower court.
B)Ulhoff automatically wins because he lost in the lower court.
C)Neither party wins because the case is being thrown out.
D)We don't know who wins yet because the case is being returned to the trial court for additional steps.

Question 23

The federal judicial branch of the U.S.government

A)interprets statutes.
B)passes statutes.
C)issues executive orders.
D)creates administrative agencies.

Question 24

The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom.This law is

A)an executive order.
B)an ordinance.
C)a statute.
D)a stare decisis.

Question 25

The doctrine of stare decisis

A)makes the legal process more expensive.
B)is an equitable remedy.
C)makes the law more predictable.
D)is unimportant to the common law.

Question 26

When the Food and Drug Administration prohibits a certain drug from being marketed in the United States,this is

A)private law.
B)an agency regulation.
C)legal negativism.
D)an executive order.

Question 27

Contemporary law's principle of collective responsibility,such as all partners being personally responsible for the debts of the partnership,had its roots in the

A)Anglo-Saxon method of ensuring public order through tithing.
B)Anglo-Saxon practice of using "oath helpers."
C)English use of "shire reeves."
D)English system of feudalism.

Question 28

If the title of an appellate court case appears as Jones v.Smith,

A)then it is correct to say thatJones is the plaintiff and Smith is the defendant.
B)it means that Smith won the trial court decision.
C)you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties.
D)the trial judge was Jones and the appellate judge is Smith.

Question 29

Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities.The Securities Exchange Act of 1934 was passed a year later.This law created the Securities and Exchange Commission (SEC)as an independent regulatory entity whose function is to administer the two laws.The SEC has generated rules and regulations to administer these acts.These rules and regulations are

A)statutes.
B)administrative law.
C)executive orders.
D)common law.

Question 30

The doctrine of precedent requires

A)that the victim testify.
B)that the defendant testify.
C)a 12-member jury of the defendant's peers.
D)judges to base rulings on previous cases.

Question 31

The President of the United States

A)creates federal common law.
B)can veto Congressional legislation.
C)determines the constitutionality of statutes.
D)passes statutes.

Question 32

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico.If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax,the neighbor would be applying the jurisprudence theory of

A)legal positivism.
B)natural law.
C)legal realism.
D)common law.

Question 33

Tony raped Jane in the parking lot of Joe's Brew Pub.The District Attorney's office prosecuted Tony on rape charges.Subsequently,Jane filed a lawsuit against Tony for money damages.Classify each legal action.

A)The District Attorney's case was a criminal case; Jane's lawsuit was a civil case.
B)The District Attorney's case was a civil case. Jane's lawsuit was a criminal case.
C)Both cases are criminal.
D)Both cases are civil.

Question 34

In 1992,the North Carolina Supreme Court ruled in a case entitled Goodman v.Wenco Foods,Inc.,that when a substance in food causes injury to a consumer of the food,it is not a bar to recovery against the seller that the substance was natural to the food.If,in a 2008 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder,the court followed the decision in Goodman v.Wenco Foods,Inc.,the court's action in the second case is an example of

A)stare decisis.
B)statutory law.
C)public law.
D)criminal law.

Question 35

Which of the following would be an example of a civil lawsuit?

A)George is being prosecuted for bank fraud.
B)The government has initiated an action against Jeff for operating a motor vehicle under the influence of alcohol.
C)Gretta hit Rita in a bar during happy hour. Rita is now suing for her injuries.
D)The district attorney is bringing Ali to court for violating the city's keg ordinance.

Question 36

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico.Thoreau felt that there was a higher law than the law of the land.Which theory of jurisprudence was he applying?

A)Legal positivism
B)Natural law
C)Legal realism
D)Common law

Question 37

The United States Supreme Court has the power to

A)appoint judges to serve on the Supreme Court.
B)void laws passed by Congress.
C)issue executive orders.
D)ratify treaties.

Question 38

Which of the following played a role in the creation of the U.S.government by solving the problem of federalism?

A)The Visigoths
B)The Iroquois Native Americans
C)Confucius
D)Alexis de Tocqueville

Question 39

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law,but who enforces the law and by what process?

A)Legal positivism
B)Natural law
C)Legal realism
D)Sovereign selection

Question 40

President Nixon issued wage-price controls in an effort to stabilize the economy.This use of executive power was

A)an illegal usurption of legislative powers which belong to the Congress.
B)a valid use of power based on Article II of the Constitution.
C)a valid use of judicial power.
D)an illegal usurption of the regulatory powers of administrative agencies.

Question 41

Misha,Gretchen,and Sam were stranded on a mountainside after their plane went down in a snow storm.They had no means of radio communication and virtually no food or other supplies.After 18 days,Misha and Gretchen killed Sam,the weakest survivor.Misha and Gretchen ate Sam.This allowed them to survive until they were rescued.After they were rescued,they were charged with premeditated first degree murder under the relevant state statute.Discuss the three schools of jurisprudence and how each would influence a finding of guilt or innocence for the three charged.

Question 42

Describe the doctrine of precedent and its application to common law.

Question 43

Identify and discuss the primary sources of contemporary U.S.law.

Question 44

Explain the concepts of legal positivism,natural law,and legal realism as they relate to the field of jurisprudence.

Question 45

Explain the role that power,importance and fascination play in contemporary American law.