Deck 1: Legal Foundations

Question 1

________ are recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties.

Answer 1

Private laws

Question 2

Legal realism is the oldest form of American jurisprudence; it was founded during the American Revolution and forms the basis for the U.S. Constitution.

Answer 2

False
Explanation: Legal realism arose after World War I.

Question 3

A presidential veto may be overridden by a two-thirds majority vote of the Senate.

Answer 3

False
Explanation: A repeal of a presidential veto requires a two-thirds vote of Congress.

Question 4

When the United States Supreme Court formally recognized its role in achieving equality for all Americans during the civil rights movement, it was following a ________ philosophy.

Question 5

Courts regularly question and overturn administrative-agency decisions involving how and when an agency enforces a regulation.

Question 6

States tend to amend their constitutions less frequently than is the case with the U.S. Constitution.

Question 7

Equitable rules used in the context of common law rules that guide courts in deciding cases or controversies are called equitable _______.

Question 8

A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the Law.

Question 9

Attorneys, particularly in a business context, are also referred to as _______.

Question 10

Attorneys who work for a company and are part of the executive or midlevel management team are specifically referred to as ________ counsel.

Question 11

Equitable remedies are available to compensate injured parties in both civil and criminal lawsuits.

Question 12

Trial lawyers are also referred to as _______.

Question 13

Most states have separate courts of law and equity.

Question 14

Much of the origins of the law dealt with issues related to _______.

Question 15

Law today is crucial to business by creating some degree of reliability to be used in business planning and commercial transactions.

Question 16

A statute of limitations determines the maximum and minimum amounts of monetary relief that may be granted in different types of civil lawsuits.

Question 17

Measures of judicial action intended to compensate an injured party in a civil lawsuit are called _______.

Question 18

Legal positivists believe that agreed-upon laws should be uniformly and strictly enforced and may be changed only by the government.

Question 19

The power of courts to establish law in matters not specifically addressed by statutes is very limited in common law countries.

Question 20

Judicial opinions are also known as the ________ of the case.

Question 21

The purpose of secondary sources of law is to increase uniformity and fairness across courts in the 50 states.

Question 22

Jurisprudence refers to the conducting of a trial and the rendering of a judicial decision.

Question 23

A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.

Question 24

Aggressive litigation generally results in a high monetary cost for a corporation.

Question 25

Restatements of the Law are written and revised by Congress and state legislatures as needed.

Question 26

Arbitration and mediation are preferred dispute resolution methods because they always result in a satisfactory outcome for both sides of the dispute.

Question 27

The common law is the law that all states follow to avoid confusion and to promote consistency from state to state.

Question 28

Laws requiring that the police show reasonable cause and obtain a search warrant before entering a place of business to search for evidence are examples of substantive laws.

Question 29

All statutes have a statutory scheme, but not all statutes have a legislative history.

Question 30

Freedom of speech, as defined in the Constitution, is an example of substantive law.

Question 31

A zoning law that regulates what a landowner may or may not do with his or her privately owned property is an example of a public law.

Question 32

Laws relating to contracts for the sale of goods are primarily found in the common law.

Question 33

Criminal law is designed to compensate parties for money lost as a result of another's unlawful conduct.

Question 34

Alternative dispute resolution, when used to settle a business dispute, is usually not subject to appeal to a court.

Question 35

Civil law systems reject and prohibit the use of precedent, relying solely on strict interpretations of statutes.

Question 36

Criminal law can be characterized as public law but can never be considered private law.

Question 37

For private law to be applied, there must be a statute or ordinance enacted that provides for the rights of the parties.

Question 38

The U.S. system of common law is deep-seated in the French common law established by the Norman kings around 1066.

Question 39

When a Pennsylvania appellate court makes a decision, stare decisis requires that Delaware trial courts follow the case precedent when a case with a similar fact situation arises.

Question 40

Ordinances will preempt state-level statutes.

Question 41

Kathy, a fashion model, witnessed a motor vehicle accident but did not stop because she was late for her pedicure and simply didn't want to get involved. Had she stopped, she could have saved the life of Tom, who was thrown from the car and landed in a water-filled ditch, without danger to herself. When Tom's widow hears that Kathy could have easily saved Tom's life but chose to ignore the situation, she sues Kathy. The state has no "good samaritan" laws or duty-to-assist laws, but such cases have been brought in the past. Which of the following will the court apply when making a decision in this case?

A) statutory law
B) administrative law
C) common law
D) equity law

Question 42

A state's appellate court has made a decision in a particular case. That decision becomes case precedent in all cases except the cases heard in:

A) the state's supreme or highest court.
B) the state's special courts, such as family or probate court.
C) the state's general trial court.
D) the state's inferior or small-claims court.

Question 43

Secondary sources of law:

A) are looked to when there is no primary source of law that applies to the facts of a case.
B) are considered a valid independent authority.
C) apply to both federal and state legal issues.
D) have no legally binding effect.

Question 44

Which of the following, from highest to lowest, properly demonstrates preemption?

A) federal common law; federal statutes; U.S. Constitution
B) state statutory law; federal common law; federal administrative law
C) state common law; state administrative law; state statutory law
D) federal administrative law; federal common law; state statutory law

Question 45

Under the American legal system, subject to some exceptions, costs of litigation regarding both the plaintiff and the defendant:

A) are all paid by the loser.
B) are all paid by the winner.
C) are paid for by each side, with the plaintiff and defendant paying for their own legal costs.
D) are totaled by the court and then, for fairness, are split in half, with each side paying an equal amount.

Question 46

New York City has passed a law banning smoking of cigarettes and cigars in public bars and restaurants. This law would be defined as:

A) an ordinance.
B) a regulation.
C) a statute.
D) a common law.

Question 47

The source of each of the following types of law except _______ is primarily statutory.

A) zoning laws
B) contracts for services
C) contracts for the sale of goods
D) employment discrimination

Question 48

Joshua is a highly accomplished soccer player and a successful coach. He is often hired by other coaches to run soccer clinics and soccer camps for their teams. If Joshua decides to incorporate and sell stock to finance the corporation, the area of law that he would need to be aware of with regard to the stock sales would be:

A) securities law.
B) intellectual property law.
C) contract law.
D) antitrust law.

Question 49

The official publication of federal statutory law is the:

A) Federal Register.
B) Consolidated Statutes of the United States.
C) Code of Congressional Statutes.
D) United States Code.

Question 50

The state of Delaware has passed a new law banning cell phone use while driving a motor vehicle within the state. This law would be defined as:

A) an ordinance.
B) a regulation.
C) a statute.
D) a common law.

Question 51

Mega Corporation has developed a strategic plan that calls for an emphasis on appealing to a younger demographic. If it decided that such an appeal to a younger market would necessitate a change in the corporate logo and trademark, such changes would require an understanding of:

A) securities law.
B) intellectual property law.
C) contract law.
D) antitrust law.

Question 52

In Flagiello v. Pennsylvania Hospital, the court had to balance the hospital's negligence against the charitable immunity doctrine to determine whether Flagiello could recover for injuries sustained on the hospital's property. The court determined that:

A) the charitable immunity doctrine was specifically and clearly written, so it was bound to follow the clear intent of the statutory scheme and find for the hospital.
B) the charitable immunity doctrine had been litigated in the past and stare decisis required that the court adhere to established case precedent and find for the hospital.
C) current societal norms rendered the charitable immunity doctrine inapplicable to this case and fundamental fairness allowed the court to deviate from established case precedent and find for Flagiello.
D) the charitable immunity doctrine can be repealed or overturned only by the state's legislature and stare decisis required that case precedent be followed; however, due to the severity of Flagiello's injuries, the charitable immunity doctrine allowed for certain exceptions, permitting Flagiello to recover in this case.

Question 53

Bradley collects historic memorabilia, and one of his prized possessions is the pistol used by Aaron Burr in his duel with Alexander Hamilton. After reading an article in a magazine, Bradley discovers that Sam owns the matching pistol, used by Hamilton in the duel. Bradley contacts Sam and offers him $500,000 for the pistol. Sam e-mails Bradley that he accepts his offer but that the transaction must be for cash and face-to-face. Bradley responds that he'll be at Sam's home at noon the next day with the money. When he arrives, Sam informs him that he's received an offer of $600,000 for the pistol and states that Bradley must pay that amount or he'll sell to the other buyer. Bradley wants the weapon to complete the set. If he sues Sam, what course of action will best provide him the results he desires?

A) Sue for breach of contract and seek a legal remedy.
B) Sue for an injunction.
C) Bring a suit in equity and seek monetary damages.
D) Sue for breach of contract and seek a decree of specific performance.

Question 54

Which of the following is not available in a court of equity?

A) an order for the payment of money damages for a breach of contract
B) an order prohibiting the building of a 16-foot fence in a residential neighborhood
C) an order requiring teachers to stop picketing in a particular area
D) an order requiring a party to turn over goods after being found guilty of breach of contract

Question 55

In Kauffman-Harmon v. Kauffman, when Mr. Kauffman sued his children to have all stock given to them transferred back to him, claiming their possession was only a temporary trust, the court found that:

A) a temporary trust had indeed been created and Mr. Kauffman was the equitable owner of the stock.
B) Mr. Kauffman was the equitable owner of the stock because the children had participated in a fraud when accepting ownership of the stock.
C) the children owned the stock because Mr. Kauffman's request for the return of the stock and the subsequent lawsuit came after the statute of limitations had run, so he was barred from recovery.
D) the children owned the stock and Mr. Kauffman's claims were barred by the clean hands doctrine.

Question 56

Black's Law Dictionary, as cited in the textbook, defines the term law as including each of the following except:

A) law is a body of rules.
B) law is conduct prescribed by a controlling authority.
C) law has a binding force.
D) law regulates personal ethics.

Question 57

The clean hands doctrine is most specifically applied to:

A) primarily plaintiffs.
B) primarily defendants.
C) both plaintiffs and defendants equally.
D) the judge and jury deciding the case.

Question 58

Jurisprudence is defined as:

A) adjudication of lawsuits.
B) the enactment of laws by a government body.
C) the science and philosophy of law.
D) the duties and obligations owed by a citizen.

Question 59

Philip believes that moral values inherent in humankind should form the basis of law and that these principles are a higher authority than human-made law. Philip is a proponent of:

A) natural law.
B) legal realism.
C) legal positivism.
D) social law.

Question 60

Regulations created and enforced by federal regulatory agencies are examples of:

A) administrative laws.
B) antitrust laws.
C) labor laws.
D) securities laws.

Question 61

In 2010, the state of Arizona passed an immigration law that allowed law enforcement officers to check the immigration status of individuals charged with a crime. Which legal philosophy best fits the theory of jurisprudence, which the Arizona lawmakers may use to justify such a law?

Question 62

Once stare decisis and case precedent is established:

A) it may be disregarded and overturned by a court if it deems such action appropriate.
B) it may not be disregarded by a court but may be overturned by state statute.
C) it may not be disregarded by a court or be overturned by state statute but may only be changed by amendment to the state's constitution.
D) it may not be disregarded or overturned once established and must be followed without exception.

Question 63

The National Conference of Commissioners on Uniform State Laws (NCCUSL) was formed by the ________ for the purpose of establishing uniform standards in areas of law where national interests would be achieved through the use of uniform laws.

A) Congress
B) American Bar Association
C) American Legal Institute
D) National Conference of Governors

Question 64

Congratulations! You have just been named as a judge in your state's general trial court. Your first case involves a complicated environmental statute. What methods might you use to interpret and apply the statute to your case?

Question 65

A state statute mandates that the statute of limitations for a negligence lawsuit is two years and the plaintiff is barred from filing the suit if he or she files after that time. This statute is an example of a:

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

Question 66

Define and explain the concepts of permanence and preemption as they apply regarding the U.S. Constitution.

Question 67

The source of bankruptcy law is a combination of:

A) statutory and common law.
B) constitutional and common law.
C) statutory and administrative law.
D) administrative and common law.

Question 68

What is the essential similarity and what are the differences among statutes, ordinances, and regulations?

Question 69

Briefly discuss the origins and purposes of law.

Question 70

Name the three essential functions of the U.S. Constitution.

Question 71

Mike is a high school dropout employed as a counter worker at a Kentucky Fried Chicken (KFC) outlet in Georgia. He has been voted the employee of the month and has been awarded a trip to Louisville, Kentucky, to visit the KFC headquarters. While there, he notices an open wall safe, and when he looks inside, he discovers the Colonel's secret recipe of 23 herbs and spices. He quickly makes a copy and returns the original to the safe. Once he arrives home, he contacts a number of local fried-chicken restaurants and offers to sell them the recipe. When KFC finds out what he's doing, the company immediately sues him, but it discovers that there are no applicable trade secret statutes. What effect does the failure of an applicable statute have, and what, if anything, can KFC do?

Question 72

Iowa has just passed a law mandating a 30-day jail sentence for those convicted of harassing a bicyclist on any Iowa road. This law would be best described as:

A) an ordinance.
B) a public law.
C) a common law.
D) a private law.

Question 73

The U.S. system of common law:

A) is derived from the French common law.
B) is derived from the British common law.
C) was established in the U.S. Constitution.
D) is a secondary source of law established in various Restatements of the Law.

Question 74

Discuss the differences between the common law and civil law with regard to precedent and the court's right to establish new law.

Question 75

The Uniform Commercial Code has been adopted in every state except:

A) California.
B) Mississippi.
C) Louisiana.
D) Iowa.

Question 76

Tom has attacked Kathy in the parking lot of a bar. He knocks her to the ground, breaking her arm as he steals her wallet. Kathy works as a data input specialist at a bank and misses eight weeks of work due to her injury. Discuss how criminal law and civil law relate to this situation and possible remedies.

Question 77

A statute of limitations that most appropriately falls under the equitable maxim is:

A) the clean hands doctrine.
B) substance over form.
C) remedies at law are preferred over remedies in equity.
D) equity aids the vigilant.

Question 78

Precedent evolves from:

A) state and federal constitutions.
B) state and federal statutes.
C) the common law.
D) a combination of both state and federal statutes and common law.

Question 79

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

A) uniform model law
B) administrative law
C) federal common law
D) state common law

Question 80

Discuss and explain the types of secondary law and how secondary law has an effect on the American legal system?