Deck 1: The Nature of Law

Question 1

Although not binding,the Restatements are persuasive and stimulate changes in the common law by suggesting new rules that courts later decide to follow.

Answer 1

True
Explanation: The Restatement rules usually are the rules followed by a majority of the states.Occasionally,however,the Restatements stimulate changes in the common law by suggesting new rules that courts later decide to follow.

Question 2

State and federal declaratory judgment statutes do not allow parties to determine their rights and duties when their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.

Answer 2

False
Explanation: State and federal declaratory judgment statutes allow parties to determine their rights and duties even though their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.

Question 3

Uniform acts are model statutes drafted by private bodies of lawyers and scholars;they become law only after a legislature enacts them.

Answer 3

True
Explanation: Uniform acts are model statutes drafted by private bodies of lawyers and scholars and do not become law until a legislature enacts them.

Question 4

It is unimportant for the court,whether the interpretation of a statute is consistent with its legislative purpose;it is the actual language (plain or ambiguous)of the statute that needs to be analyzed.

Question 5

The doctrine of stare decisis states that like cases should be decided alike.

Question 6

American legal realists regard the law in the books as less important than the law in action and define law as the behavior of public officials (mainly judges)as they deal with matters before the legal system.

Question 7

The House of Representatives and the Senate in the U.S.Congress is an example of a bicameral legislature.

Question 8

The same behavior will sometimes violate both civil law and criminal law,and in such a case,a person may be held both civilly and criminally liable for the same act.

Question 9

The U.S.Constitution recognizes the states' power to make law in certain areas.

Question 10

The doctrine of standing to sue requires that,in order to be able to mount a civil suit,a plaintiff must have some direct and substantial stake in the outcome of the suit.

Question 11

Common law exists only at the state level and only state courts can apply it.

Question 12

Common law provides certainty because a court is bound to make the same decision in a case with a similar issue,despite any factual differences.

Question 13

The critical legal studies movement regards law as the product of political calculation and longstanding class biases on the part of lawmakers.

Question 14

According to the U.S.Constitution,treaties made by the president with foreign governments and approved by two-thirds of the U.S.Senate validate inconsistent state and federal laws.

Question 15

A reformation occurs when a court rewrites the parties' contract terms to reflect the parties' real intentions.

Question 16

A state statute making murder a crime is an example of a substantive law,criminal law,and public law.

Question 17

Courts often begin their interpretation of a statute by looking at the plain meaning of its language because it never fails to resolve the ambiguity at issue.

Question 18

Though a natural law defense is not recognized in court,judges may take natural law-oriented views into account when interpreting the law.

Question 19

The ejusdem generis rule is an example of a maxim.

Question 20

The Restatements are binding laws and are promulgated by the American Law Institute.

Question 21

Which of the following is a characteristic of administrative agencies?

A)They derive their power from the Supreme Court.
B)They make ordinances and pass executive orders.
C)They are normally created by statute.
D)They are elected bodies.

Question 22

What is a statute?

A)Laws made and applied by judges
B)Laws made by Congress or a state legislature
C)Laws made by administrative agencies
D)Laws made by the federal judiciary

Question 23

Which of the following is also called "judge-made law"?

A)Common law
B)Statutes
C)Uniform acts
D)Equity

Question 24

Some legal positivists believe that:

A)an unjust law is not law.
B)the validly of enacted laws should be obeyed,just or not.
C)the law should keep up with changing times.
D)justice is what the judge ate for breakfast.

Question 25

Which of the following is the most important type of equitable remedy provided by the equity courts?

A)Injunction
B)Specific performance remedy
C)Reformation
D)Rescission

Question 26

Which of the following characterizes natural law?

A)It accepts the need for both good and bad laws.
B)It reads constitutional law narrowly.
C)It rejects the separation of law and morality.
D)It opposes the view that law should be guided by a "higher reason."

Question 27

________ are model statutes drafted by private bodies of lawyers and scholars.

A)Precedents
B)Uniform acts
C)Ordinances
D)Equitable remedies

Question 28

Why were equitable remedies developed?

A)Common law rules were too flexible to produce fair results.
B)The remedies available in common law courts were too few.
C)Equitable remedies were rigid rules of law and produced fair results.
D)Common law rules were less technical and rigid.

Question 29

Which of the following is true of the Restatements?

A)They are promulgated by courts.
B)They can be adopted as common law by the states.
C)They include only statutory laws.
D)They are law and binding on courts.

Question 30

Which of the following covers the rules of contract,property,and agency?

A)Procedural law
B)Private law
C)Criminal law
D)Ordinances

Question 31

What is substantive law?

A)The laws that govern the rights and duties of people as they act in society.
B)The code of conduct of government bodies.
C)The procedures followed by Congress to make statutes.
D)The procedures followed by municipalities in creating ordinances.

Question 32

Which of the following takes priority over a federal statute?

A)A state statute
B)A state constitution
C)An equitable principle
D)The U.S.Constitution

Question 33

Why is sociological jurisprudence seen to resemble natural law?

A)It advocates the separation of law and morality.
B)It stresses on the superiority of lawmakers.
C)It calls for a separation of the judiciary and legislature.
D)Its definition of law includes social values.

Question 34

Ordinances are created by:

A)Congress.
B)the Supreme Court.
C)counties and municipalities.
D)equity courts.

Question 35

Which of the following is applied in a lawsuit between two private parties?

A)Criminal law
B)Civil law
C)Procedural law
D)Public law

Question 36

The power of executive orders normally derives from a(n):

A)legislative delegation.
B)federal court.
C)injunction.
D)restatement.

Question 37

According to the principle of ________,the U.S.Constitution,federal laws enacted pursuant to it,and treaties are "the supreme Law of the Land."

A)judicial activism
B)separation of powers
C)federalism
D)federal supremacy

Question 38

The law and economics movement has influenced judicial opinions in what area of law?

A)Antitrust law
B)Criminal statutes
C)Discrimination policies
D)Education

Question 39

John is angry because Harry is now dating John's former girlfriend.One day,as John was driving his car,he saw Harry walking by the side of the road.John deliberately swerved and struck Harry with the car.John may be successfully sued under:

A)criminal law only.
B)civil law only.
C)either criminal law or civil law but not both.
D)both criminal law and civil law.

Question 40

A(n)________ is a cancellation of a contract and a return of the parties to their precontractual position.

A)injunction
B)ordinance
C)rescission
D)reformation

Question 41

Which method of statutory interpretation was most emphasized (and used)in the James v.City of Costa Mesa case in the text?

A)The plain meaning rule.
B)Interpreting a statute consistent with its purpose.
C)Following prior interpretations of a statute.
D)Maxims of statutory construction.

Question 42

Which of the following allows parties to determine their rights and duties even though their controversy has not advanced to the point where harm has occurred and legal relief may be necessary?

A)Ejusdem generis
B)Standing to sue
C)Declaratory judgment
D)Precedents

Question 43

________ are general rules of thumb employed in statutory interpretations.

A)Idioms
B)Phrases
C)Quotations
D)Maxims

Question 44

Which of the following statements is true of statutes and statutory interpretation?

A)Statutes are easier to interpret than case law.
B)Courts begin their interpretation of statues with legislative history.
C)There is often deliberate ambiguity in the language of statutes.
D)Courts rarely engage in statutory interpretation

Question 45

The doctrine of standing to sue implies that:

A)the lawsuit must benefit the public in general.
B)the plaintiff has a substantial stake in the litigation.
C)cases must be genuine controversies.
D)courts must not issue any advisory opinions in cases.

Question 46

What is the main argument for avoiding a statute's plain meaning or legislative history and instead following a prior interpretation in a case?

A)Plain meaning is subject to debate
B)Promoting stability and certainty
C)Legislative history can be contentious
D)Saving the court's valuable time

Question 47

One strength of the instrumentalist attitude:

A)is its willingness to adapt the law to further the social good.
B)is that legal validity and moral validity always remain separate.
C)is that the natural law always remains unworkable.
D)is that it views the law as an unchanging rule that deserves obedience.

Question 48

The Supreme Court once denied tax-exempt status to a private university that discriminated on the basis of race.Which of the following is likely to have influenced or guided the interpretation of the statute relevant to this case?

A)Maxims
B)Precedents
C)General public purposes
D)Standing to sue

Question 49

Which of the following is not required for a plaintiff to demonstrate standing to sue?

A)Direct stake
B)Tangible stake
C)Monetary stake
D)Substantial stake

Question 50

Which of the following is a characteristic of legal realists?

A)They define law as that which is codified in the books.
B)They believe in the use of discretionary standards.
C)They believe that the rules in the books-really affect people's lives.
D)They believe that "law is law,just or not."

Question 51

Evan plans to open a company named "Maryland" for which her trademark is "M." This trademark in no way resembles the famous McDonald's trademark.However,she fears that the latter might think otherwise and sue her in the future.Evan wants to take no risk and hence seeks the court's judgment on the issue.Can she do it?

A)Yes,she can do it because she wishes to seek the court's opinion.
B)Yes,she can do it under state and federal declaratory judgment statutes.
C)No,she cannot agitate an issue that has not yet arisen.
D)No,she cannot agitate the issue as she knows that the two marks are not similar.

Question 52

Cases are said to be ________ when there no longer is a real dispute between the parties.

A)ripe
B)moot
C)feigned
D)intangible

Question 53

In which of the following circumstances,under the doctrine of stare decisis,does the common law rule stated in an earlier judgment not apply to a present case?

A)Only when the case concerns a government agency.
B)Only when the court distinguishes the earlier decision.
C)Only when the parties involved jointly appeal to the courts to do so.
D)The doctrine of stare decisis does not allow this kind of a situation.

Question 54

Which of the following is a characteristic of the U.S.government that vests the executive,legislative,and judicial powers in separate bodies?

A)Federalism
B)Separation of powers
C)Federal supremacy
D)Judicial activism

Question 55

What are courts and administrative agencies expected to do when they encounter ambiguously worded statutes while deciding a case?

A)Keep the particular statute aside
B)Fill in the details on a case-to-case basis
C)Refer to a different statute
D)Initiate a debate in the legislature

Question 56

Which of the following is false about the power of courts?

A)Courts are not absolutely bound to favor one technique of statutory interpretation over another.
B)Courts can distinguish prior decisions in common law cases.
C)State supreme courts can overrule their own prior decisions.
D)Courts can make or interpret law in the absence of a case.

Question 57

What are legal rules in prior cases called?

A)Statutes
B)Precedents
C)First impressions
D)Uniform laws

Question 58

When a court identifies a meaningful difference between a present and past case,it ________ the earlier decision.

A)interprets
B)implements
C)prioritizes
D)distinguishes

Question 59

What do courts begin their interpretation of a clearly worded statute with?

A)Its plain meaning
B)Its legislative history
C)Records of legislative debates
D)Its different amendments

Question 60

Which of the following allows courts to help parties determine their rights and duties even though neither may yet have been harmed,so long as there is a real case or controversy between them?

A)No liability outside privity of contract rule
B)Ejusdem generis
C)A declaratory judgment statute
D)Public law

Question 61

A distinction between cases is considered valid if it involves:

A)a widely accepted ethical or policy reason.
B)supporting legislative history.
C)reasoning from the Restatements.
D)a clear and obvious conclusion.

Question 62

Which of the following is not an equitable remedy?

A)Monetary damages
B)Injunction
C)Specific performance
D)Reformation

Question 63

Administrative agencies obtain the ability to make law through a(n)________ of power from the legislature.

A)assignment
B)delegation
C)separation
D)allocation

Question 64

Which of the following terms stands for the philosophy of law?

A)Canon
B)Jurisprudence
C)Equity
D)Mandate

Question 65

Which of the following is not an example of public law?

A)Constitutional law
B)Administrative law
C)Contract law
D)Criminal law

Question 66

Which of the following remedies is described as a court order for a party to perform according to the terms of the parties' contract?

A)Injunction
B)Specific performance
C)Reformation
D)Rescission

Question 67

What type of law do administrative agencies create?

A)Statutes
B)Uniform acts
C)Common law
D)Agency decisions

Question 68

Which of the following was the court's holding in the Coomer v.Kansas City Royals Baseball Corp.case in the text?

A)The risk of injury from the hotdog toss was not one of the risks inherent in watching the baseball game and the defendants owed the plaintiff a duty to use reasonable care.
B)The risk of injury from the hotdog toss was foreseeable and the defendants were not liable.
C)Risk,if any,could not be eliminated so the defendants were not liable.
D)The plaintiff assumed the risk when he was hit with a hotdog.

Question 69

Which of the following was the conclusion in the Price v.High Pointe Oil Company,Inc.case in the text?

A)The longstanding common law rule applied and declined to extend the rule in the plaintiff's circumstances.
B)The unambiguous language of the statute prevailed.
C)The court declined to assume the role of the legislature.
D)The court created a new rule and the plaintiff prevailed.

Question 70

The Bill of Rights to the U.S.Constitution is an example of:

A)a prohibition of government action that would restrict certain individual rights.
B)a structured government.
C)a form of power given to Congress to make law.
D)federalism.

Question 71

Which of the following was an issue the court considered in the Advance Dental Care,Inc.v.SunTrust Bank case in the text?

A)Whether the statute involved offered a sufficient remedy to replace the common law rule.
B)Whether the statute was ambiguous.
C)Whether the plaintiff pleaded sufficient facts to recover under the common law rule.
D)Whether the plaintiff pleaded sufficient facts to recover under the statute.

Question 72

One weakness of the instrumentalist attitude:

A)is its legal instability and uncertainty.
B)is its unwillingness to adapt the law to further social good.
C)is that it often conflicts with ethics.
D)is its constant evolution.

Question 73

Which of the following is not a function of the law discussed in the text?

A)Peacekeeping
B)Protecting the environment
C)Checking government power and promoting personal freedom
D)Promoting societal norms

Question 74

Although the president or a state's governor does not have typical law-making powers,these officials have limited power to issue laws called:

A)uniform acts.
B)advisory opinions.
C)statutes.
D)executive orders.

Question 75

Which area of law does not mainly consist of common law?

A)Contracts
B)Bankruptcy
C)Torts
D)Agency

Question 76

Which of the following classifications of law does not describe contract law?

A)Private
B)Procedural
C)Substantive
D)Civil

Question 77

When a conflicting common law rule is inconsistent with an administrative regulation,which prevails?

A)The measure that is later in time
B)The measure that is first in time
C)The conflicting common law rule
D)The administrative regulation

Question 78

What is the goal of uniform acts?

A)To demonstrate a logical approach on how to reconcile conflicting laws
B)To explain why current laws are illogical
C)To provide reference materials to aid decision makers
D)To produce state-by-state uniformity

Question 79

What is a formally negotiated and ratified agreement between countries called?

A)Settlement
B)Convention
C)Treaty
D)Covenant

Question 80

When a treaty conflicts with a federal statute over a purely domestic matter,which prevails?

A)The measure that is later in time
B)The measure that is first in time
C)The federal statute
D)The treaty