Deck 1: Introduction to Law

Question 1

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.

Answer 1

True

Question 2

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 2

False

Question 3

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 fraternity for providing alcohol to members under the legal drinking age,the Hernandez v.Arizona Board of Regents case will serve as precedent.

Answer 3

True

Question 4

Considering the relationship between laws and morality,a person who sees a young child playing on a railroad track must remove the child if a train is approaching.

Question 5

Congress can create a statute only on topics that are suggested by the President.

Question 6

A rule that establishes maximum length of work shifts for air traffic controllers is an example of an administrative regulation.

Question 7

Common law is a body of cases decided by legislatures.

Question 8

The Constitution protects states' power by establishing a limited federal government.

Question 9

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 approved the district court's decision and upheld the outcome in the case.

Question 10

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 11

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 12

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 13

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

Question 14

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

Question 15

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 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 exercising equitable powers.
C)an executive order.
D)a subpoena.

Question 17

Wilfred was driving at a normal rate of speed,unaware of the icy bridge ahead.He slid on the ice and hit Sally's car.Sally can sue Wilfred in criminal court.

Question 18

The case citation Pereda v.Parajon,957 So.2d 1194 (2007)reveals that Pereda is the plaintiff.

Question 19

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 20

The three branches of government in the United States are:

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

Question 21

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 22

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 23

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

A)an illegal usurpation of legislative powers which belong to the Congress.
B)a valid use of power,known as an executive order.
C)a valid use of power creating a treaty.
D)an illegal usurpation of the regulatory powers of administrative agencies.

Question 24

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

A)Jones is the plaintiff and Smith is the defendant.
B)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 25

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)an administrative order.

Question 26

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 27

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

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

Question 28

The notion of civil disobedience is founded on what principle?

A)Legal Positivism.
B)Natural Law.
C)Legal Realism.
D)Foreseeability.

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 enforce the two laws.The SEC has generated rules and regulations to fulfill this purpose.These rules and regulations are:

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

Question 30

The federal judicial branch of the U.S.government:

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

Question 31

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 32

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 33

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 34

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 35

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 36

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 37

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 38

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

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

Question 39

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 40

The United States Supreme Court has the power to:

A)appoint judges to serve on the Supreme Court.
B)declare an act of Congress unconstitutional.
C)issue executive orders.
D)ratify treaties.

Question 41

Identify and explain the parts of the following case name:Palsgraf v.Long Island Railroad Co. ,248 N.Y.339,162 N.E.99,New York Court of Appeals.

Question 42

Explain the origins of equity and its place in contemporary American law.

Question 43

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 44

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

Question 45

Peggy Lou filed a lawsuit against "We Fix 'Em Rite," an auto body shop,for the sloppy paint job it did on her 1998 car.Once the lawsuit was filed with the appropriate clerk of court,Peggy Lou personally dropped a copy of the lawsuit in the mail."We Fix 'Em" says it never received notice of the lawsuit.Local court rules require that a lawsuit be served by an independent process server or by the sheriff's department.Is this an example of substantive law or procedural law? Explain the difference.