Deck 1: Workings of the American Legal System: Part A

Question 1

Laws passed at the local level are called:

A)felonies
B)misdemeanors
C)ordinances
D)regulations

Answer 1

ordinances

Question 2

A defendant who has been found guilty in a _____ case may appeal the verdict.

A)civil
B)common
C)contract
D)criminal

Answer 2

criminal

Question 3

Punishment associated with _____ law may include fines and/or imprisonment.

A)civil
B)contract
C)criminal
D)tort

Answer 3

criminal

Question 4

Public law _____.

A)excludes regulatory statutes, penal law, and other laws of public order
B)includes the law of contracts or torts and the law of obligations
C)involves relationships between individuals
D)is subdivided into administrative, constitutional and criminal law

Question 5

Which is associated with criminal law?

A)Criminal law defines conduct that is prohibited by the state because it endangers the safety and welfare of the public.
B)Criminal law establishes punishment that is imposed on those who breach its laws.
C)Criminal law is enforced by the state, unlike the civil law which may be enforced by private parties.
D)All of these.

Question 6

Which source of law is considered the fundamental law of a nation or state?

A)administrative regulations
B)constitution
C)judicial decisions
D)statutes

Question 7

Zoning, building, or public safety ordinances are examples of laws passed at:

A)a local level
B)an executive level
C)congressional hearings
D)the state legislature

Question 8

The burden of proof as a "preponderance of the evidence found" is associated with _____ law.

A)civil
B)criminal
C)intellectual property
D)public

Question 9

Statutes are:

A)based on case law and serve as precedents during court trials.
B)considered part of the Constitution of the United States of America.
C)interpretations of laws by health care providers and others at the federal level.
D)written by legislatures and signed by the executive branch of government.

Question 10

Common law (also called case law or precedent) is a source of law that is derived from:

A)a single document that contains all laws
B)court decisions
C)popular culture
D)federal rules and regulations

Question 11

Which is associated with the First Amendment of the US Constitution.

A)Establishes rules for indictment by grand jury and eminent domain, protects right to due process, and prohibits self-incrimination and double jeopardy
B)Limits the powers of the federal government to those delegated to it by the US Constitution
C)Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause
D)Protects freedom of religion, speech, and the press, as well as the right to assemble and petition the government

Question 12

Tort law _____.

A)defines what constitutes a misdemeanor or a felony
B)encompasses the rights and duties that exist between parties that are independent of a contract
C)governs various forms of ownership, including real property and personal property
D)is concerned with an agreement between two or more parties that creates an obligation to act or refrain from acting in exchange for some type of consideration

Question 13

Separation of powers as it pertains to the branches of federal government is in place:

A)as a way to increase the number of jobs created in the country.
B)if the president is unable to fulfill his duties and responsibilities.
C)so that no one particular branch overpowers the other branches.
D)to prevent any interaction between factions of political parties.

Question 14

Stare decisis is Latin for:

A)a matter [already] judged.
B)let the master answer.
C)to let the decision stand.
D)utmost good faith.

Question 15

The Administrative Procedure Act (APA) governs the way in which administrative agencies of the _____ government may propose and establish regulations.

A)county
B)federal
C)municipal
D)state

Question 16

Private law consists of the body of rules and principles that governs the rights and duties between parties.Private law is also called _____ law.

A)civil
B)criminal
C)penal
D)public

Question 17

The American Reinvestment and Recovery Act (ARRA) is a:

A)common law intended to establish law by default.
B)fair pay requirement for paralegals' because they conduct research for lawyers.
C)state law that originated in Illinois, from which President Barrack Obama hails.
D)statute that both complements and overrides HIPAA.

Question 18

The US Constitution can be modified with _____.

A)amendments
B)majority Senate vote
C)popular culture
D)presidential order

Question 19

The phrase conflict of laws originated from situations where:

A)a competent authority, such as a legislature, establishes legal rules.
B)differing jurisdictions were inconsistent about the same legal issue.
C)excessive fines and excessive bail were imposed by judges.
D)judgements passed by some judges became another significant source of law.

Question 20

Res judicata is a doctrine that courts are subject to, and it means

A)a matter [already] judged.
B)let the master answer.
C)to let the decision stand.
D)utmost good faith.

Question 21

The legislative branch of the federal government is responsible for:

A)applying to the doctrine of stare decisis and res judicata
B)determining the need for new laws and changes to existing laws.
C)functioning to enforce and administer laws.
D)interpreting laws using an alternate resolution of dispute (ADR).

Question 22

Legislative proposals are called _____.

A)amendments
B)bills
C)ordinances
D)torts

Question 23

The judicial branch of the federal government:

A)determines the need for new laws and changes to existing laws
B)functions to enforce and administer laws
C)functions to interpret the law through the adjudication and resolution of disputes
D)is known as Congress

Question 24

The executive branch of the government:

A)applies the doctrine of stare decisis and res judicata.
B)functions to enforce and administer laws.
C)interprets law using an alternate resolution of dispute (ADR).
D)is known as Congress.

Question 25

CMS certification of accreditation standards (e.g, The Joint Commission) and state regulations (e.g., NYS Department of Health) as a substitute for compliance with Medicare Conditions of Participation is part of the "_____ authority" approval process.

A)deeming
B)essential
C)sapiential
D)structural