Question 1

Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note.The trial ended before it began,with the trial judge granting a motion for summary judgment in favor of Curtis.Ulhoff has appealed,and the Supreme Court of Iowa has remanded the case.This means

Accepted Answer

A) Curtis automatically wins because he won in the lower court. 
B) Ulhoff automatically wins because he lost in the lower court. 
C) Neither party wins because the case is being thrown out. 
D) We don't know who wins yet because the case is being returned to the trial court for additional steps.

Question 2

The United States Supreme Court has the power to

Accepted Answer

A) appoint judges to serve on the Supreme Court. 
B) void laws passed by Congress. 
C) issue executive orders. 
D) ratify treaties.

Question 3

Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities.The Securities Exchange Act of 1934 was passed a year later.This law created the Securities and Exchange Commission (SEC)as an independent regulatory entity whose function is to administer the two laws.The SEC has generated rules and regulations to administer these acts.These rules and regulations are

Accepted Answer

A) statutes. 
B) administrative law. 
C) executive orders. 
D) common law.

Question 4

When the Food and Drug Administration prohibits a certain drug from being marketed in the United States,this is

Accepted Answer

A) private law. 
B) an agency regulation. 
C) legal negativism. 
D) an executive order.

Question 5

In order to determine if the case she was hearing broke the law,Judge Jane referred to prior rulings on the same subject.In other words,the judge is relying on precedent to make her decision.

Accepted Answer

A) True 
 B)False

Question 6

Treaties with foreign nations can be made by only ________ and ratified by ________.

Accepted Answer

A) the Secretary of State;the President 
B) the President;the Senate by a two-thirds vote 
C) the Department of Defense;the Senate by a plurality 
D) the President;the House of Representatives by a three-fourths vote

Question 7

Which of the following played a role in the creation of the U.S.government by solving the problem of federalism?

Accepted Answer

A) The Visigoths 
B) The Iroquois Native Americans 
C) Confucius 
D) Alexis de Tocqueville

Question 8

Misha,Gretchen,and Sam were stranded on a mountainside after their plane went down in a snow storm.They had no means of radio communication and virtually no food or other supplies.After 18 days,Misha and Gretchen killed Sam,the weakest survivor.Misha and Gretchen ate Sam.This allowed them to survive until they were rescued.After they were rescued,they were charged with premeditated first degree murder under the relevant state statute.Discuss the three schools of jurisprudence and how each would influence a finding of guilt or innocence for the two charged.

Accepted Answer

The answer of Misha,Gretchen,and Sam were stranded on a mountainside...

Question 9

Describe the doctrine of precedent and its application to common law.

Accepted Answer

The answer of Describe the doctrine of precedent and its...

Question 10

Lawyers originated in Anglo-Saxon courts,where they were used to mediate disputes.

Accepted Answer

A) True 
 B)False

Question 11

Antonio assaulted Mark after the two argued about a parking space.The District Attorney's office prosecuted Antonio on assault charges.Subsequently,Mark filed a lawsuit against Antonio for money damages.Classify each legal action.

Accepted Answer

A) The District Attorney's case was a criminal case;Mark's lawsuit was a civil case. 
B) The District Attorney's case was a civil case.Mark's lawsuit was a criminal case. 
C) Both cases are criminal. 
D) Both cases are civil.

Question 12

Common law is a body of cases decided by legislatures.

Accepted Answer

A) True 
 B)False

Question 13

Congress can create a statute on any topic at all.

Accepted Answer

A) True 
 B)False

Question 14

The doctrine of precedent is binding on all courts from county courts to the U.S.Supreme Court.

Accepted Answer

A) True 
 B)False

Question 15

In the House of Representatives,a state's voting power is based on its

Accepted Answer

A) relative wealth. 
B) date of entry into the Union. 
C) physical size. 
D) population.

Question 16

In 1994,the Arizona Supreme Court decided the case of Hernandez v.Arizona Board of Regents and found a duty of care to avoid furnishing alcohol to underage consumers.If in 2008 a Flagstaff,Arizona,plaintiff brings a lawsuit against an Arizona university's fraternity for providing alcohol to members under the legal drinking age,the Hernandez v.Arizona Board of Regents case will serve as precedent.

Accepted Answer

A) True 
 B)False

Question 17

If the title of an appellate court case appears as Jones v.Smith,

Accepted Answer

A) then it is correct to say that Jones is the plaintiff and Smith is the defendant. 
B) it means that Smith won the trial court decision. 
C) you cannot determine which party is the plaintiff,because when a defendant loses a trial and files an appeal,some courts (but not all)reverse the names of the parties. 
D) the trial judge was Jones and the appellate judge is Smith.

Question 18

Which is an example of a statute?

Accepted Answer

A) President Donald Trump issues an executive order banning the use of federal funds for abortion. 
B) A North Dakota judge issues an injunction prohibiting a man from contacting his ex-wife. 
C) The Ohio legislature passes a law requiring all bicycle riders to wear a helmet. 
D) The Federal Communications Commission instructs all radio stations to refrain from broadcasting "indecent" programming during daylight hours.

Question 19

Which type of law regulates the rights and duties between parties?

Accepted Answer

A) criminal law 
B) administrative law 
C) civil law 
D) judicial law

Question 20

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law,but who enforces the law and by what process?

Accepted Answer

A) Legal positivism 
B) Natural law 
C) Legal realism 
D) Sovereign selection

Exam 1: Introduction to Law

The United States Supreme Court has the power to

When the Food and Drug Administration prohibits a certain drug from being marketed in the United States,this is

In order to determine if the case she was hearing broke the law,Judge Jane referred to prior rulings on the same subject.In other words,the judge is relying on precedent to make her decision.

Treaties with foreign nations can be made by only and ratified by .

Which of the following played a role in the creation of the U.S.government by solving the problem of federalism?

Describe the doctrine of precedent and its application to common law.

Lawyers originated in Anglo-Saxon courts,where they were used to mediate disputes.

Antonio assaulted Mark after the two argued about a parking space.The District Attorney's office prosecuted Antonio on assault charges.Subsequently,Mark filed a lawsuit against Antonio for money damages.Classify each legal action.

Common law is a body of cases decided by legislatures.

Congress can create a statute on any topic at all.

The doctrine of precedent is binding on all courts from county courts to the U.S.Supreme Court.

In the House of Representatives,a state's voting power is based on its

If the title of an appellate court case appears as Jones v.Smith,

Which is an example of a statute?

Which type of law regulates the rights and duties between parties?

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law,but who enforces the law and by what process?