Deck 1: Introduction to Law

Question 1

The primary function of the law is to allow flexibility and adaptability in the social, political, and economic system of a society.

Answer 1

False

Question 2

Since the end of the nineteenth century, case law developed from court opinions has been the primary source of new law and ordered social change in the United States.

Answer 2

False

Question 3

The main classifications of the law are
(a) substantive and procedural,
(b) public and private, and
(c) civil and criminal.

Answer 3

True

Question 4

The US Constitution provides that federal statutes supercede provisions of state constitutions and state statutes.

Question 5

Law is an instrument intended to achieve and maintain social control.

Question 6

William Blackstone, an English jurist, defined law as "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong."

Question 7

The common law system is used in most of Europe, Asia, and South America.

Question 8

The common law system of law uses the inquisitorial system of settling disputes.

Question 9

Laws passed by Congress are the supreme law of the land in the United States and take precedence over all other sources of law.

Question 10

The burden of proof required in a criminal case is preponderance of the evidence.

Question 11

The law that creates, defines, and regulates most of our legal rights and duties is called executive law.

Question 12

The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme Court of the United States.

Question 13

The principle of stare decisis gives stability to our system of jurisprudence because it encourages consistent decisions for similar cases.

Question 14

The law does not change; it is based on unchanging and universal truths.

Question 15

Chase and Piper asked a court for reformation of their contract based on the fact that they made a mutual mistake. They can seek an equitable remedy.

Question 16

The Uniform Commercial Code is a federal law that applies to commercial transactions among the states.

Question 17

Under the civil law system, the judiciary initiates litigation, investigates pertinent facts, and conducts the presentation of evidence.

Question 18

A constitution restricts the powers of the government and specifies the rights and liberties of the people.

Question 19

A judge deciding a common law case must look for guidance to similar cases previously decided by that court or superior courts.

Question 20

The principle of judicial review divides the government into three distinct and independent branches: judicial, executive, and legislative.

Question 21

The American Law Institute has authored an orderly restatement of the general common law of the United States called the Restatement of law.

Question 22

Which of the following is not descriptive of the law?

A) It is always prohibitory.
B) It is pervasive.
C) It may be permissive.
D) It is regulatory.

Question 23

In which of the following cases is a  court unlikely to provide remedies ?

A) A person refuses to return a friend's borrowed book.
B) A stranger watches and refuses to help rescue a drowning child.
C) A person pushes a stranger into the lake, causing the stranger severe injury.
D) A driver maneuvers recklessly on a busy street.

Question 24

All laws are derived from morals, but some moral precepts are not enforced by legal sanctions.

Question 25

Maddox has been charged with vandalism of a privately owned office building. The prosecutor must prove Maddox's guilt:

A) by a preponderance of the evidence.
B) by a majority of the evidence.
C) beyond a reasonable doubt.
D) beyond any doubt.

Question 26

Decisions of courts of appeals are published in volumes known as "reports" or "reporters."

Question 27

Courts of equity:

A) have remained separate court systems in nearly every jurisdiction in the United States.
B) ordinarily do not involve juries.
C) in all cases recognized new rights that were not enforceable at common law.
D) typically have three judges and a jury of twelve citizens.

Question 28

What is the supreme law of the land in the United States?

A) Federal statutes.
B) International treaties.
C) Case law as developed through the U.S. Supreme Court.
D) The U.S. Constitution.

Question 29

Civil law systems, as found in the state of Louisiana and countries such as Scotland, depend on comprehensive legislative enactments.

Question 30

Assume the state of Texas has been negotiating with the Mexican government on issues involving acid rain and eventually reaches an agreement with Mexican officials to regulate industrial pollution that contributes to acid rain in return for Texas regulating cattle waste that contributes to water table pollution. This is a valid treaty under the United States Constitution.

Question 31

A crime is:

A) a wrongdoing that requires litigation between the victim and the perpetrator.
B) any act prohibited by the government or an omission of an act required by public law and made punishable by the government in a judicial proceeding brought by it.
C) litigation where the injured party sues to recover compensation for the damages and injury sustained as a result of the defendant's wrongful conduct.
D) wrongful conduct as set forth in statutes that constitute the supreme law of the land.

Question 32

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

A) Rules of administrative agencies.
B) Decisions of federal courts.
C) Executive orders of the President.
D) Hearings before the Senate.

Question 33

Tate brings an action against Tim for damages from trespass to Tate's property. Tate must prove the case by a preponderance of the evidence.

Question 34

The terms "law" and "justice" are interchangeable.

Question 35

The business law topics of contracts, agency, property, and trusts are governed primarily by the common law.

Question 36

Which one of the following is NOT true of a suit brought under criminal law?

A) It must be brought by the government.
B) It may be a state or a federal case.
C) Proof of guilt must be "by preponderance of the evidence."
D) Conviction may result in imprisonment.

Question 37

American jurists __________ and __________ defined law in a functional sense as predictions of the way that a court will decide specific legal questions.

A) Roscoe Pound and Alexander Hamilton
B) Blackstone and Austin
C) Roscoe Pound and Benjamin Cardozo
D) Oliver Wendell Holmes and Benjamin Cardozo

Question 38

In the United States, treaties are not subject to judicial review.

Question 39

Once a court has decided a case, the principle of stare decisis precludes correction of erroneous decisions.

Question 40

Business law is primarily private law.

Question 41

Which of the following is NOT considered to be an equitable remedy?

A) Specific performance.
B) Injunction.
C) Reformation.
D) Money damages.

Question 42

The source of law best suited to making drastic or comprehensive change is:

A) common law.
B) the federal court system.
C) statutes.
D) state court decisions.

Question 43

The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies. This is called:

A) civil law.
B) case law.
C) court law.
D) county law .

Question 44

The __________ is an orderly compilation of the general common law of the United States, prepared by a distinguished group of lawyers, judges, and law teachers.

A) statute of frauds
B) Uniform Commercial Code
C) maxims of law
D) Restatement of Law

Question 45

The three distinct and independent branches of the United States government are:

A) the executive branch, the House of Representatives, and the U.S. Senate.
B) the federal judiciary, the House of Representatives, and the U.S. Senate.
C) the federal judiciary, the Congress, and the executive branch.
D) the state government, the federal government, and local government.

Question 46

The decision of an equity court is called a(n):

A) judgment.
B) decree.
C) s tare decisis .
D) inquisition.

Question 47

Which of the following is a true statement?

A) A treaty signed by the President and approved by the Senate has the legal force of a federal statute.
B) A federal statute may not supersede a prior treaty.
C) A treaty signed by the President does not need approval by Congress.
D) A treaty must be approved by a majority of the Supreme Court Justices before being signed by the President..

Question 48

A court order requiring that a person do or refrain from doing a particular act is known as a(n):

A) injunction.
B) maxim.
C) statute.
D) executive order.

Question 49

Which of the following is correct regarding the decisions of state trial courts?

A) They are generally not reported.
B) They are reported in regional reports.
C) They are reported in state court reports.
D) They are binding upon lower courts based upon the principle of stare decisis .

Question 50

The branch of public law that deals with the various regulatory functions and activities of agencies of the government is:

A) criminal law.
B) administrative law.
C) Constitutional law.
D) substantive law.

Question 51

An example of private law is:

A) contracts between two corporations.
B) administrative agency rulings.
C) a trial of an accused theif.
D) investigation of bribery of a public official.

Question 52

The President of the United States has the authority to issue laws, which are called:

A) Restatements of law.
B) Executive orders.
C) Constitutional amendments.
D) Codes.

Question 53

Because of the increasing complexity of the social, economic, and industrial life of the nation, the scope of __________ has expanded enormously.

A) common law
B) administrative law
C) procedural law
D) equitable law

Question 54

The person who files or commences a civil lawsuit is the:

A) plaintiff.
B) defendant.
C) prosecuting attorney.
D) attorney general.

Question 55

A constitution establishes government structure, specifically enumerates certain liberties of the people and:

A) gives power of commerce to the federal government.
B) defines the role of churches.
C) restricts powers of government.
D) allows any action that is not harmful to society.

Question 56

In reading the title of a case, Smith v. Jones :

A) Smith is the plaintiff.
B) Jones is the plaintiff.
C) the determination of who is the plaintiff depends on the level of the court at which the case is being heard.
D) it is not always possible to determine from the case title which party is the plaintiff.

Question 57

In which of the following ways does a state constitution differ from the U.S. Constitution?

A) State constitutions are often more restrictive of rights than the U.S. Constitution.
B) A state constitution can guarantee rights beyond those provided in the U.S. Constitution.
C) A state constitution is generally amended less frequently than the U.S. Constitution.
D) State constitutions tend to be more general than the U.S. Constitution.

Question 58

The National Conference of Commissioners on Uniform State Laws:

A) was created by President Bill Clinton to study and report on the Uniform Commercial Code.
B) is another name for the American Law Institute.
C) has drafted only five uniform laws: the UCC, the Uniform Partnership Act, the Uniform Limited Partnership Act, the Uniform Probate Code, and the Model Business Corporation Act.
D) has drafted over 250 uniform laws.

Question 59

Characteristics of a common law system include which of the following?

A) A common law system relies heavily on comprehensive legislative enactments and an inquisitorial system of determining disputes.
B) In a common law system, the judiciary initiates litigation, investigates pertinent facts, and conducts the presentation of evidence.
C) The common law system prevails in most of Europe and Scotland.
D) A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.

Question 60

Rosemary signs a contract to sell 500 wood panels for $5,000 to Schirmer Industries to be delivered by April 1. In this case, which of the following statements is NOT true?

A) Rosemary has a duty to deliver the goods by April 1.
B) Schirmer Industries has a right to receive the goods by April 1.
C) The duties and rights of Rosemary and Schirmer Industries are correlative.
D) Substantive law provides the remedy if either Rosemary or Schirmer Industries breaches this contract.

Question 61

Which of the following is not ordinarily a part of a reported opinion?

A) The essential facts.
B) The names of the attorneys representing the parties.
C) What pleadings are material to the issues.
D) The application of legal principles involved in the case.

Question 62

Which of the following is correct regarding the English courts of equity?

A) They were presided over by a judge.
B) They could only award money damages.
C) They could issue a decree ordering a defendant to do or to refrain from a specific act.
D) They had very few options of remedies for breach of contract.

Question 63

Identify three essential functions of law.

Question 64

You have just been asked to serve as a host for a visitor from France who is very interested in the American legal system and the formation of law in the United States. How would you explain the system of law in this country to your guest?

Question 65

The doctrine of stare decisis means that:

A) the common law has not been able to evolve in a stable and predictable manner.
B) decisions can be overruled.
C) courts adhere to and rely on rules of law that they or superior courts relied on in similar decisions.
D) courts are not allowed to correct erroneous decisions or to choose among conflicting precedents.

Question 66

Explain how the terms civil law and civil law system differ.

Question 67

What is law? Discuss the various definitions of law by legal scholars. What is the relationship between law and morality and between law and justice?

Question 68

Which of the following is correct with regard to treaties in the United States legal system?

A) They have no legal effect.
B) Under the U.S. Constitution, they must be signed by the President and approved by the U.S. Senate.
C) They have no effect on business law.
D) They must be approved by the states before they have the force of law.

Question 69

Compare and contrast civil and criminal law. Include in your discussion definitions, how the cases are commenced, the purposes of civil and criminal law, the burdens of proof, and principal sanctions.

Question 70

The category of law that creates, defines, and regulates legal rights and obligations is known as:

A) substantive law.
B) procedural law.
C) Constitutional law.
D) criminal law.

Question 71

What is stare decisis ? Discuss its role in the American legal system.

Question 72

A decision of an appeals court in Minnesota would be recorded in the:

A) state's statutory code.
B) Minnesota administrative code.
C) North Western regional reporter.
D) Federal Supplement.

Question 73

The party who files an appeal is the:

A) plaintiff.
B) appellant.
C) appellee.
D) defendant.

Question 74

What are the various sources of American law? Discuss how these various laws interrelate to form the system of law in the United States.

Question 75

In the common law system of the United States, the reported opinion in a case provides what specific information that can be used to understand and apply legal analysis?

Question 76

The __________ is a group composed of lawyers, judges, and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States."

A) American Legal Bar
B) American Law Institute
C) National Conference of Commissioners on Uniform State Laws
D) National Reporter System