Deck 1: The Nature and Sources of Law

Question 1

The U.S.Constitution provides that we have a right to be free from unreasonable intrusions by others.

Answer 1

True

Question 2

One of our most important rights is the right of privacy.

Answer 2

True

Question 3

Law is often defined as the body of principles that courts or administrative agencies will enforce.

Answer 3

True

Question 4

Although laws are enacted at different levels of government to provide the framework for business and personal rights and duties,the framework for this legal system is constitutional law.

Question 5

Criminal laws carry damage penalties for a wronged individual.

Question 6

Statutory law includes U.S.Supreme Court opinions.

Question 7

All cities,counties,and other governmental subdivisions have basic powers to adopt ordinances,such as traffic and zoning laws,within their sphere of operation.

Question 8

Court decisions and statutes can take away rights created by the U.S.Constitution.

Question 9

A constitution is a body of principles that establishes the structure of a government and the relationship of that government to the people who are governed.

Question 10

The pattern of rules that society establishes to control the conduct of individuals in their relationships is called law.

Question 11

The U.S.Supreme Court has held that the right of privacy does not apply to intrusions into our privacy by means of new technology.

Question 12

Jane asserts she has a legal right.Jane is really saying she has an obligation to perform or refrain from performing an act.

Question 13

Rights guaranteed in the U.S.Constitution are accompanied by duties.

Question 14

One advantage of our current legal system is that the growth of technology has not created many new laws.

Question 15

The private life of an ordinary citizen is subject to strict scrutiny.

Question 16

Within each state in the United States,only the U.S.Constitution is in force.

Question 17

Procedural law specifies the steps that must be followed in enforcing those rights and liabilities.

Question 18

The right to be secure against unreasonable searches and seizures conducted by the police is guaranteed by the Fifth Amendment of the U.S.Constitution

Question 19

Rights always stand alone,without any duties.

Question 20

The law often works to cause our society to operate in a very inefficient manner.

Question 21

Treaties made by the United States are not deemed part of the law.

Question 22

When a court decides a new question or problem,the decision is called a stare decisis.

Question 23

The common law are court-enforced unwritten principles originally based on the usages and customs of the community.

Question 24

The Securities Exchange Commission creates

A) case precedent.
B) statutory law.
C) Constitutional law.
D) administrative regulations.

Question 25

The law could best be described as:

A) only statutory in nature.
B) only the creation of our courts.
C) a collection or bundle of rights.
D) a bundle of political choices.

Question 26

A right is defined as:

A) an obligation of law imposed to perform an act.
B) a legal capacity to require another party to perform an action.
C) any written promise.
D) -a political power to do the right thing.

Question 27

Our rights flow from all the following sources except:

A) the Constitution.
B) federal statutes.
C) city ordinances.
D) ethical values.

Question 28

Individuals can create their own private law when they contract among themselves.

Question 29

Equity provides justice when the law is inadequate.

Question 30

A right is an obligation of law imposed on a person to perform or refrain from performing a certain act.

Question 31

Law consists of:

A) principles that govern conduct.
B) mere guidelines.
C) arbitrary rules.
D) traditions.

Question 32

A party may ask for legal,but not equitable,remedies in a single court.

Question 33

Law is:

A) a body of religious principles held by all members of society.
B) a body of principles that society establishes to keep things running smoothly.
C) always the result of case-law decisions.
D) derived solely from the United States Constitution.

Question 34

Those uniform state laws that have been adopted by individual states were first written by Congress.

Question 35

Administrative regulations generally do not have the force of law.

Question 36

A right can exist:

A) by itself.
B) only if created by a court.
C) only if there is a corresponding duty.
D) only under local law.

Question 37

The group of time-honored rules that courts have used to solve similar problems for decades is called precedent.

Question 38

Civil laws define wrongs against society.

Question 39

The Uniform Commercial Code is a good example of uniform state laws.

Question 40

Procedural law creates legal rights and duties.

Question 41

If a court issues an injunction,the court would be ordering a(n)________.

A) equitable remedy
B) legal remedy.
C) private remedy.
D) order of equitable damages.

Question 42

The right to privacy means that individuals

A) cannot gossip about each other
B) cannot be lawfully searched.
C) can yell "Fire" in a crowded theater.
D) are protected against intrusions by others.

Question 43

A new state law mandates that all employers must prohibit smoking on employer premises.The law further provides that any employer who allows an employee or a client/ customer to smoke on its premises is subject to a court order requiring the employer to enforce the law.Describe this statute in terms of all possible classification methods.

Question 44

______ is a body of law that provides justice when the law does not offer an adequate remedy.

A) Ethics
B) Regulations
C) Equity
D) Statutes.

Question 45

Substantive law:

A) specifies the steps to follow to enforce legal rights.
B) concerns equitable relief only.
C) creates, defines, and regulates rights and liabilities.
D) draws solely on English legal principles.

Question 46

A good example of a uniform state law would be:

A) statutory law.
B) case law.
C) constitutional law.
D) the Uniform Commercial Code.

Question 47

Suppose Jack signs a contract to purchase a home from Jill,but Jill later refuses to transfer title to the home to Jack.Jack could force Jill to transfer title to the home by asking a court for an order of ________

A) injunctive law.
B) specific performance.
C) legal damages.
D) substantive law.

Question 48

The right of privacy consists of:

A) the right to be secure against unreasonable searches by the government only.
B) the right to protection against intrusions by others only.
C) both the right to be secure against unreasonable searches by the government and the right to protection against intrusions by others.
D) the right to be secure against warrantless searches only.

Question 49

The right to privacy applies to protect you from unreasonable searches in all of the following scenarios except:

A) to you personally.
B) to your home.
C) to your business.
D) in the commission of a crime.

Question 50

Statutes which are drafted from Uniform State Laws are often used to regulate:

A) business.
B) foreign countries.
C) criminal behavior.
D) personal family matters.

Question 51

Criminal laws:

A) define wrongs against society.
B) define the rights of one person against another.
C) carry damage remedies against the wronged individual.
D) are punished by individuals who have been wronged.

Question 52

The Uniform Partnership Act is a good example of a(n):

A) Congressional statute.
B) substantive law.
C) uniform state law.
D) procedural law.

Question 53

Suppose Sheriff Roland desires to search your home.What law requires that the sheriff obtain a search warrant?

A) the Fourth Amendment of the United States Constitution
B) the Equal Protection Clause
C) state statute
D) local uniform police ordinances

Question 54

Statutory law can be created by all of the following except:

A) Congress.
B) state legislatures.
C) local governments.
D) by the courts.

Question 55

Administrative regulations:

A) are essentially industry advisories.
B) are case-law precedents.
C) generally have the force of statute.
D) are Constitutional principles.

Question 56

A ______ is a legal principle expressed for the first time in court decision.

A) statutory law
B) stare decisis
C) case law
D) precedent

Question 57

Jacob just won the state lottery.Discuss his right to privacy.

Question 58

_______ law creates,defines,and regulates rights and liabilities.

A) Statutory
B) Constitutional
C) Substantive
D) Procedural

Question 59

If your home or business is searched unlawfully,any items obtained during that unlawful search could be excluded as evidence in a criminal trial because of the ________.

A) Fourth Amendment's exclusionary rule
B) Constitutional common law
C) Fifth Amendment's right to privacy
D) common law

Question 60

Rights guaranteed in the United States Constitution:

A) cannot be taken away by statutes or court decisions.
B) can be taken away by statutes.
C) can be taken away by court decisions.
D) can be taken away by local ordinances.