Question 1

Natural law:

Accepted Answer

A)  Is man-made law. 
B)  Is without moral overtones. 
C)  May lead to civil disobedience when the "higher law" conflicts with positive law. 
D)  Is without influence in American law. 
E)  None of the above. C

Question 2

Discuss the philosophy of John Locke and its application to American political thought.

Accepted Answer

John Locke was an influential philosopher whose ideas greatly impacted American political thought. His philosophy emphasized the natural rights of individuals, including life, liberty, and property. Locke believed that these rights were inherent and could not be taken away by any government or authority. He also argued that individuals had the right to rebel against a government that violated these natural rights.

Locke's philosophy had a significant impact on the founding fathers of the United States and the development of American political thought. His ideas were reflected in the Declaration of Independence, which asserts that all men are created equal and have the unalienable rights of life, liberty, and the pursuit of happiness. The concept of limited government and the protection of individual rights, which are central to American political thought, can be traced back to Locke's philosophy.

Furthermore, Locke's ideas about the social contract and the consent of the governed also influenced American political thought. He argued that government's legitimacy comes from the consent of the governed, and that rulers are accountable to the people they govern. This idea is reflected in the structure of the American government, which is based on the principle of popular sovereignty and the separation of powers.

In conclusion, John Locke's philosophy had a profound impact on American political thought, shaping the principles of individual rights, limited government, and the consent of the governed. His ideas continue to be influential in the development and interpretation of American political institutions and policies.

Question 3

Compare and contrast the various kinds of law: substantive v. procedural, civil v. criminal, and case law v. positive law.

Accepted Answer

Substantive law refers to the laws that outline the rights and obligations of individuals and government agencies. It defines the legal relationship between individuals and the state. Procedural law, on the other hand, refers to the rules that govern the process of enforcing substantive law. It outlines the steps and procedures that must be followed in a legal case, such as the rules of evidence and the court system.

Civil law deals with disputes between individuals and/or organizations, where one party seeks compensation or some form of remedy from the other. It typically involves issues such as contracts, property, and family law. Criminal law, on the other hand, deals with offenses against the state or society as a whole. It involves prosecuting individuals for actions that are considered harmful to society, such as theft, assault, or murder.

Case law, also known as common law, refers to the body of law that is based on judicial decisions and precedents. It is developed and refined over time through the decisions of judges in individual cases. Positive law, on the other hand, refers to the body of law that is enacted by a legislative body, such as statutes and regulations. It is the written law that is formally adopted by a government.

In summary, substantive law defines the rights and obligations of individuals, while procedural law outlines the process for enforcing those rights. Civil law deals with disputes between individuals, while criminal law deals with offenses against society. Case law is based on judicial decisions, while positive law is enacted by a legislative body.

Question 4

Which of the following is a function of law?

Accepted Answer

A)  To bestow benefits upon people. 
B)  To create new obligations with which citizens must comply. 
C)  To proscribe certain antisocial behavior. 
D)  To provide predictability and stability. 
E)  All of the above.

Question 5

Which of the following is correct?

Accepted Answer

A)  People obey the law because of fear. 
B)  People obey the law because they believe the lawmaker has legitimacy. 
C)  People obey the law because of habit. 
D)  John Locke's theory of government as a contract between the governing and the governed supplanted the theory of the divine right of kings in our system. 
E)  All of the above.

Question 6

The theory of law which holds that law evolves as society does is:

Accepted Answer

A)  The positive theory of law. 
B)  The sociological theory of law. 
C)  Legitimacy of law. 
D)  Natural law. 
E)  Theory of certiorari.

Question 7

When a private citizen files a lawsuit against another private citizen, this is a:

Accepted Answer

A)  Criminal case. 
B)  Civil case. 
C)  Misdemeanor. 
D)  Writ of certiorari. 
E)  All of the above.

Question 8

Define the concept of legitimacy and apply it to the law.

Accepted Answer

The answer of Define the concept of legitimacy and apply...

Question 9

The underlying theory of natural law is that:

Accepted Answer

A)  There are immutable principles of right and wrong that people may discern through their powers of reasoning. 
B)  It is only natural for government to set laws defining right from wrong. 
C)  The government will naturally change the laws as society changes. 
D)  All of the above. 
E)  None of the above.

Question 10

The distinction between a crime and a civil wrong:

Accepted Answer

A)  Depends on the nature of the act. 
B)  Is that the state prosecutes civil wrongs. 
C)  Depends on the legal consequences that follow the act. 
D)  Is that one carries the concept of fault or blame and the other does not. 
E)  All of the above.

Question 11

Compare and contrast the sources of law in society including, but not limited to, natural law, positive law; and sociological approach to law.

Accepted Answer

The answer of Compare and contrast the sources of law...

Question 12

Common law:

Accepted Answer

A)  Is created by city councils. 
B)  Is created by the decisions of judges and juries in the absence of positive law. 
C)  Is created by Congress. 
D)  Is created by state legislatures. 
E)  None of the above.

Question 13

Malum in se:

Accepted Answer

A)  Is the theoretical basis of civil law. 
B)  Refers to acts that are inherently evil or wrong. 
C)  Refers to activities that are wrong merely because the legislature says so. 
D)  All of the above. 
E)  None of the above.

Question 14

Which of the following illustrates how law bestows benefits upon people?

Accepted Answer

A)  A law increasing taxes. 
B)  A law requiring military service. 
C)  A law making internet fraud a crime. 
D)  A law creating a student loan program. 
E)  None of the above.

Question 15

Identify and discuss functions of law in society.

Accepted Answer

The answer of Identify and discuss functions of law in...

Question 16

The theory of law which holds that law is whatever the supreme authority can command and enforce is:

Accepted Answer

A)  The positive theory of law. 
B)  The divine right of kings. 
C)  The sociological theory of law. 
D)  The rationalistic theory of law. 
E)  None of the above.

Question 17

When judges interpret the meaning of constitutions, statutes, and other forms of written law, __________develops.

Accepted Answer

A)  Administrative law. 
B)  Common law. 
C)  Constitutional law. 
D)  Case law. 
E)  None of the above.

Question 18

Which of the following is correct?

Accepted Answer

A)  People are guaranteed due process of law by both state and national governments. 
B)  Constitutional law deals with the interpretation of federal and state constitutions. 
C)  Substantive law is both civil and criminal in nature. 
D)  Administrative law is the law that controls the behavior of regulators. 
E)  All of the above.

Question 19

A student at your university has been denied financial aid. Which of the following is correct?

Accepted Answer

A)  If the denial is because her income is too great, that is an example of substantive law. 
B)  If the denial is based on her failure to meet the deadlines for filing the paperwork, that is an example of procedural law. 
C)  If the denial is based on her gender, that is an example of violation of constitutional law. 
D)  If the denial is based on a university policy (such as not meeting required academic progress standards set by the university), that is an example of administrative law. 
E)  All of the above.

Question 20

Bob Jones University v. United States:

Accepted Answer

A)  Involved statutory law because the Court had to deal with the University's claim under the Free Exercise Clause of the Constitution about its discrimination based on religious grounds. 
B)  Involved administrative law because the Court interpreted the meaning of Internal Revenue Code §§ 501(c)(3) and 170. 
C)  Involved constitutional law because the Court examined the Internal Revenue Service's application of the term "charitable." 
D)  All of the above. 
E)  None of the above.

Exam 1: Introduction

Natural law:

Discuss the philosophy of John Locke and its application to American political thought.

Compare and contrast the various kinds of law: substantive v. procedural, civil v. criminal, and case law v. positive law.

Which of the following is a function of law?

Which of the following is correct?

The theory of law which holds that law evolves as society does is:

When a private citizen files a lawsuit against another private citizen, this is a:

Define the concept of legitimacy and apply it to the law.

The underlying theory of natural law is that:

The distinction between a crime and a civil wrong:

Compare and contrast the sources of law in society including, but not limited to, natural law, positive law; and sociological approach to law.

Common law:

Malum in se:

Which of the following illustrates how law bestows benefits upon people?

Identify and discuss functions of law in society.

The theory of law which holds that law is whatever the supreme authority can command and enforce is:

When judges interpret the meaning of constitutions, statutes, and other forms of written law, __________develops.

Which of the following is correct?

A student at your university has been denied financial aid. Which of the following is correct?

Bob Jones University v. United States: