Deck 1: Introduction to Law

Question 1

Jurisprudence is legal philosophy.

Answer 1

True

Question 2

Ordinances are generally found in state legislative codes.

Answer 2

False

Question 3

Equitable remedies are not available in courts of law in the United States.

Answer 3

False

Question 4

The common law in each state is the same.

Question 5

States do not have administrative laws.

Question 6

Zoning laws are substantive only.

Question 7

Citations are a form of legal shorthand for referring to statutes, ordinances, and cases.

Question 8

City ordinances generally cover the legal aspects of incorporation and securities registration.

Question 9

Violations of civil laws can result in imprisonment.

Question 10

The United States Code includes laws on anticompetitive activities as well as laws regulating the sale of securities.

Question 11

The Internal Revenue Code is part of federal statutory law.

Question 12

The scholars of jurisprudence generally agree on the theory of law.

Question 13

If conduct is a criminal violation, it cannot also be a civil violation.

Question 14

Terms of a consulting contract are an example of private law.

Question 15

Constitutions exist at both state and federal levels.

Question 16

The Code of Federal Regulations includes the enactments of federal administrative agencies.

Question 17

There are no criminal laws at the federal level.

Question 18

Substantive laws provide the means and mechanisms for the enforcement of laws.

Question 19

Statutory law exists at all levels of government.

Question 20

Stare decisis is Latin for "let the decision stand."

Question 21

A multilateral treaty is a treaty among several nations.

Question 22

The EU has its own currency.

Question 23

Criminal laws are generally enforced by individuals.

Question 24

Custom has no impact on international law.

Question 25

The act of state doctrine permits other countries to intervene in a nation's government when human rights are violated.

Question 26

USENET.com is a United Nations information service.

Question 27

A personnel manual is an example of private law.

Question 28

Union/management laws demonstrate the role of law as a compromiser.

Question 29

If you run a red light and hit and injure a pedestrian, both civil and criminal laws will apply.

Question 30

There are agency regulations at both the state and federal levels.

Question 31

The EU will be disbanded in 2009.

Question 32

Courts create and apply the common law.

Question 33

Once a court decision is issued, it cannot be reversed without legislative action.

Question 34

The Uniform Commercial Code and the Uniform Partnership Act are both enactments of Congress.

Question 35

Party autonomy is not permitted in international contracts.

Question 36

The principle of stare decisis forbids a court from changing a doctrine already established judicially.

Question 37

Laws' flexibility allow adjustments for technology changes.

Question 38

A curfew is an example of the type of law that would be found in city or town ordinances.

Question 39

The uniform laws on partnerships and corporations are found codified in the United States Code.

Question 40

Treaties are a source of international law.

Question 41

Bill Blackburn is the new mayor of Oceanside, Washington. He discovered that the city-run utility requires a deposit of $50 from new customers in homes. However, new customers who reside in apartments, condominiums, or townhouses must pay a $500 deposit. Mayor Blackburn proposed that the utility deposit be $100 for all new customers. Blackburn's change fits best under which theory of law?

A) positive law theory
B) natural law theory
C) theory of justice
D) theory of custom

Question 42

Courts interpret all levels of statutes and regulations.

Question 43

The UCC has been adopted by:

A) all 50 states.
B) over half the states.
C) 49 states.
D) a quarter of the states, but it is rapidly gaining in adoptions.

Question 44

The Uniform Commercial Code (UCC) has been adopted in all 50 states.

Question 45

Which of the following is not a purpose of law?

A) keeping order
B) influencing conduct
C) promoting equality
D) providing compromises
E) All of the above are purposes of law.

Question 46

Judicial review is one means for clarifying the meaning of laws.

Question 47

Most countries follow a philosophy of caveat emptor.

Question 48

Context is a factor in types of legal systems.

Question 49

Zoning is an example of private law.

Question 50

Which is the proper cite for the Code of Federal Regulations?

A) CFR
B) USC
C) USCFR
D) none of the above

Question 51

Which is the proper cite for Executive Orders?

A) CFR
B) USC
C) E.O.O.C.
D) none of the above

Question 52

Which of the following is not an example of a law that promotes equality?

A) employment discrimination laws
B) antisegregation statutes
C) Social Security statutes
D) trespassing statutes
E) All of the above laws promote equality.

Question 53

Several states have recently enacted legislation to permit casino gambling on river boats docked in their states. Gambling is permitted only while the boats are traveling in the rivers surrounding or inside the states. One governor issued the following statement: "It wouldn't matter how many gaming statutes are passed or how many legislatures passed them, the fact of the matter is that commercial gambling is wrong." This governor's views:

A) indicate that he follows the positive law theory.
B) indicate that he follows the natural law theory.
C) indicate that he is against principles of justice.
D) are most parallel to those of Oliver Wendell Holmes.

Question 54

Scalping ordinances are an example of criminal laws.

Question 55

Which of the following is not part of the United States Code?

A) 1933 Securities Act
B) Sherman Act
C) Equal Employment Opportunity Act
D) Uniform Commercial Code
E) All of the above are part of the United States Code.

Question 56

The U.S. Constitution does not apply to the states.

Question 57

Statutes that eliminate constitutional protections are still valid if they are federal statutes.

Question 58

A question about a licensing exam for a real estate agent is best answered by going to federal laws.

Question 59

The CISG is another name for the UCC.

Question 60

Enactments of federal administrative agencies are found in:

A) the United States Code.
B) the Code of Federal Regulations.
C) U.S.C.
D) none of the above

Question 61

Which of the following is an example of a law that provides compromises?

A) curfews
B) antitrust laws
C) traffic laws
D) union/management laws

Question 62

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

A) custom
B) treaties
C) private law
D) Code of Federal Regulations

Question 63

A state statute that prohibits "baby buying" regardless of circumstances is a law that most closely follows which theory of jurisprudence?

A) justice
B) natural law
C) positive law
D) custom

Question 64

Common law:

A) no longer exists today.
B) began in the United States.
C) exists only in England.
D) was eliminated with the courts of equity.
E) none of the above

Question 65

The European Union:

A) was disbanded by GATT.
B) is an organization of European countries.
C) has established trade barriers.
D) has strict customs controls among the members.

Question 66

Phil's Corner Mart is a convenience store and gasoline station. A representative from the Environmental Protection Agency (EPA) has just notified Phil that there is some leakage from his underground gasoline storage tanks. The EPA representative explains to Phil that he will be issuing a citation for violation of federal environmental laws and that Phil could be liable for clean-up costs and penalties. Which of the following statements is true?

A) Phil has been charged with a crime.
B) Phil has been charged with violation of a state statute.
C) Phil is facing civil penalties for the violation.
D) The EPA promulgates USC provisions.

Question 67

The federal statute that carries imprisonment as a penalty for trading securities on inside information is an example of a:

A) private law.
B) civil law.
C) procedural law.
D) criminal law.
E) all of the above

Question 68

In "cite 15 U.S.C. sec. 77," the 15 represents:

A) page number.
B) volume number.
C) the session of Congress when enactment occurred.
D) none of the above

Question 69

Which of the following subjects is not generally covered by local ordinances?

A) zoning
B) curfews
C) dog licensing
D) partnerships
E) traffic

Question 70

Uniform laws are:

A) required to be adopted by states.
B) written to make interstate business less complicated.
C) found in USC.
D) none of the above

Question 71

Changes in laws that are made because of changes in technology illustrate which characteristic of law?

A) consistency
B) pervasiveness
C) flexibility
D) none of the above

Question 72

Which of the following is not true regarding constitutional law?

A) exists at the state and federal levels
B) establishes government structure
C) establishes individual rights
D) can be changed by Congress

Question 73

Criminal laws:

A) carry fines and/or imprisonment penalties.
B) are enforced by individuals.
C) are generally not enforced by government agencies.
D) are the same as private laws.
E) none of the above

Question 74

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

A) lease
B) employment agreement
C) ordinance
D) marriage prenuptial agreement

Question 75

On faxed documents, it is often difficult to tell if a signature is authentic, both because clarity is a problem and also because signatures can be cut and pasted onto new documents from old documents. The Uniform Commercial Code provides that anything placed on a document with the intent to authenticate it is a binding signature for a valid contract. The UCC definition:

A) did not anticipate the technology problems arising from the fax.
B) will apply even in these fax situations.
C) is a common law definition.
D) is part of federal law.

Question 76

Which of the following is not an example of a law that promotes order?

A) disclosure statutes for securities sales
B) curfew
C) speed limits
D) trespassing laws

Question 77

Legal and equitable remedies:

A) are available in all courts in the United States.
B) are awarded by separate courts of equity and law.
C) are the same remedies.
D) exist only in the United States.
E) none of the above

Question 78

Administrative regulations are promulgated by:

A) Congress.
B) constitutional conventions.
C) administrative agencies.
D) state legislatures.
E) none of the above

Question 79

Ellen Benson has been operating a small catering business out of her home. Business growth is now requiring an office and kitchen facilities. Before expanding facilities, Ellen wishes to incorporate her business. Where would Ellen find the laws of incorporation?

A) state statutes
B) zoning ordinances
C) Code of Federal Regulations
D) county ordinances

Question 80

Which is not an example of private law?

A) lease on a residential home
B) lease on a commercial building
C) zoning ordinances
D) contract for the sale of a car
E) employer regulations