Deck 1: Introduction to Law

Question 1

For a legal realist,knowing who is enforcing the law is far more important than what the law actually says.

Answer 1

True

Question 2

Inalienable law that is superior to human-made laws is known as the philosophy of natural law.

Answer 2

True

Question 3

Law is a set of rules that are enforced by a government authority.

Answer 3

True

Question 4

Legal positivists do not believe that law is simply power,because they believe that valid law must be created pursuant to the existing rules that allow the law to be created.

Question 5

Uniform codes and journal articles are primary sources of law.

Question 6

Legal positivists believe in the power of civil disobedience when a law is unjust.

Question 7

Private laws are legally binding on parties who agree to it.

Question 8

The study of law can help a business owner understand how to start and operate a business,regulation,and liability.

Question 9

Statutory law is law created by the U.S.Constitution.

Question 10

Decisions about what we should and should not do are guided exclusively by the law and nothing else

Question 11

Insider trading is the use of public information to buy or sell a stock to make money.

Question 12

Frivolous lawsuits are permitted to advance in the legal system as most attorneys are committed to justice and fairness.

Question 13

A person violating a social norm or custom will face strict legal consequences.

Question 14

All examples of civil law are also considered criminal; they are merely tried in civil courts.

Question 15

Public law applies only to people who work in public positions,such as people who work for the government.

Question 16

Secondary sources of law are created by a recognized,legitimate law-creating authority rather than by legal scholars.

Question 17

Natural law is the idea that humans possess certain inalienable rights that are the products of human-made law.

Question 18

Civil rights activists never rely on natural law arguments to advance their platforms.

Question 19

The requirement that a suspect be read his or her Miranda rights before being placed into police custody is an example of procedural law.

Question 20

A contract outlining terms of a land sale between two companies is an example of public law in action.

Question 21

Since everyone is subject to the rule of law,this means that government itself cannot overextend its reach when regulating or investigating businesses.

Question 22

Constitutions,statutes and judicial opinions would all be examples of primary sources of law.

Question 23

Secondary sources of law in the United States include constitutional law.

Question 24

The rule of law provides protection for property.

Question 25

A bicameral legislature is one in which at least two bodies exist,such as the Senate and the House of Representatives in Congress.

Question 26

All states are granted an equal number of senators,with the number of representatives determined by the most recent census figures.

Question 27

Rule of law is a system of laws under which the people and the government are bound,which allows predictability and restraint of government action.

Question 28

Largely as a result of the fallout from the Enron case,Congress passed the Emergency Economic Stabilization Act.

Question 29

A state law passed in 2011 would override a federal law pertaining to the same issue in 2006.

Question 30

Congress has enacted antitrust legislation that precludes anticompetitive practices,such as colluding and price fixing.

Question 31

The Founding Fathers of the United States rejected inclusion of concepts from all prior forms of government when writing the U.S.Constitution,because none of the prior governments ever worked.

Question 32

Under the Uniform Commercial Code UCC),merchants are governed by a set of rules that anticipate and allow for flexibility in contractual terms,to facilitate business needs.

Question 33

The Truth in Lending Act TILA)guarantees the borrower access to capital on the basis that they have provided truthful information to the lender.

Question 34

The United States was the originator of the rule of law system.

Question 35

A Ponzi scheme is also known as a pyramid scheme.

Question 36

Rule of law systems clearly lay out an organizational structure in which it is determined who has the right to govern.

Question 37

Title VII of the Civil Rights Act prohibits discrimination related to protected characteristics in hiring and employment practices.

Question 38

A system in which power is divided between multiple forms of government is called federalism.

Question 39

If a person sells firearms in a retail capacity in the United States,the person would be subject to both state and federal laws.

Question 40

An ex post facto law is a type of law that is applied retroactively to its passage.

Question 41

Which of the following is true about private law?

A)Understood to be law that is binding on specific parties.
B)Applies only within a state and cannot be enforced outside it.
C)It has been created by some legitimate authority with the power to create law.
D)If violated,penalties cannot be levied against the violator.
E)"Handed down" to the people within its jurisdiction.

Question 42

Legal realists believe that the:

A)Outcome of any issue that arises under law is not dependent on the person who is in the position to exercise power.
B)Law is not the product of human making.
C)Law is wholly separate from any consideration of ethics.
D)Social and economic considerations of a case should be brought to bear in legal disputes.
E)Law itself is more important than the consideration of who is in the position to enforce the law.

Question 43

_____ seeks to determine the current state of the law regarding narrowly defined legal issues.

A)Financial analysis
B)Legal research
C)Jury tampering
D)Civil procedure
E)Jurisprudence

Question 44

Andy is a legal positivist who believes that all war activities are illegal.If the United States institutes the draft,and if Andy is drafted,he is most likely to:

A)Flee the country.
B)Report for duty.
C)Try to bribe the authorities to release him from the draft.
D)File a suit against the government in a court.
E)Organize an anti-war rally to obstruct the government's plans.

Question 45

Which of the following is a common criticism of legal positivism?

A)The outcome of any issue that arises under law is dependent on the person who is in the position to exercise power under the mantle of the law.
B)It limits the checks and balances of our system of government by considering factors outside of valid sources of law when making decisions.
C)It prohibits individuals from remaining true to their own consciences when their consciences conflict with the laws of the sovereign.
D)It views natural law as subordinate to human-made law if the two types of law conflict.
E)It does not consider any rule or "law" created by an illegitimate ruler as valid law.

Question 46

Which of the following is most likely to be true of legal positivists?

A)They believe that law is simply power.
B)They would consider any law created by an illegitimate ruler as valid law.
C)They do not believe that the law is what the law says.
D)They believe that people have intrinsic human rights other than those created by the law.
E)They would most certainly comply with a law that required compulsory conscription.

Question 47

A businessperson may consider the perceptions of their business practices if which of the following is questioned:

A)treatise
B)due process
C)color of authority
D)jurisprudence
E)fairness

Question 48

Which of the following would be considered an example of a substantive law?

A)A federally mandated waiting period before purchasing a gun.
B)Freedom from discrimination
C)A statute preventing the sale of alcohol after 9:00pm
D)Patent infringement
E)Tariff Act of 1789

Question 49

Civil rights activists often rely upon which theory of jurisprudence to advance their platforms?

A)Legal positivism
B)Law is power backed by threats
C)Legal realism
D)Natural law
E)The scientific method

Question 50

Natural law differs from legal positivism in:

A)belief that humans possess inalienable rights that are not the products of human making.
B)total rejection of human-made law.
C)belief that human-made law is superior to all other forms of law.
D)that humans are unable to discover moral truths on their own.
E)that humans require a sovereign power to tell them right from wrong.

Question 51

Legal positivism argues that

A)The law itself is less important than who is in the position to enforce it.
B)The law is whatever the sovereign says it is.
C)Humans possess certain inalienable rights that are not the products of human-made law.
D)Legal actions are only those which are taken under the law.
E)Courts should follow precedents.

Question 52

The U.S.Constitution created the structure of the federal government by distinguishing which the three branches?

A)City,state,federal.
B)Executive,legislative,judicial.
C)Legislative,judicial,administrative.
D)International,tribal,state.
E)Public,private,procedural.

Question 53

_____ is the philosophy of law.

A)Color of authority
B)Due process
C)Treatise
D)Jurisprudence
E)Federalism

Question 54

Which of the following statements about the Congress is true?

A)Congressional power is unlimited with respect to creating laws.
B)Congress is the legislative body at the state level.
C)Congress cannot act outside of its enumerated powers.
D)Congress only considers bills that originate in the Senate.
E)Congress only considers bills that originate in the House of Representatives.

Question 55

Legal realism is like legal positivism in the belief that the:

A)Law is the product of human making.
B)Outcome of any legal dispute depends upon who is in the position to exercise power under law.
C)Social and economic considerations of a case should be brought to bear in legal decision making.
D)Judges do not use any factors other than the written law when rendering decisions.
E)Judicial interpretation is necessary and was contemplated by our Founding Fathers as a built-in check and balance to the other branches of government.

Question 56

If a dispute arose under the Clean Water Act,and the defendant was a legal realist who believed that the judge was unduly harsh with environmental offenders,the legal realist is most likely to:

A)Look to the actual words of the Clean Water Act itself to determine a likely outcome.
B)Hope that the judge would not consider important issues such as clean water to human health,natural environment,etc.
C)Argue that judges should not use any factors other than the written law when passing decisions.
D)View the judge's personal and professional beliefs about water pollution as determinative factors.
E)Believe that the law itself is far more important than the consideration of those who are in the position to enforce the law.

Question 57

Which of the following is NOT facilitated while studying the different theories of jurisprudence?

A)See the same thing from many different perspectives
B)Find the indisputably correct answer
C)See several possible outcomes that are equally supportable
D)Identify common ground among disputants
E)Identify specific points of disagreement among disputants

Question 58

Which of the following is an express power of the president?

A)The president has the power to declare war.
B)The president has to comply with any new rule the Congress wants to implement.
C)The president can veto any bill passed by Congress.
D)The president can be overthrown by the Senate.
E)The president no longer has the power to sign bills passed by Congress.

Question 59

Which of the following is an example of private law?

A)A speed limit of 20 mph in a school zone
B)A city prohibition against graffiti
C)A USDA recommendation to eat five servings of vegetables a day
D)A Home Owners' Association rule that prohibits members from constructing swimming pools on their properties
E)A no pedestrian traffic on interstate highways

Question 60

Which of the following is an example of a "check and balance" that exists between the government's branches?

A)The Supreme Court may issue an advisory opinion about any bill before Congress approves it and before the President signs it.
B)Congress may override a Presidential veto.
C)The President may veto a Supreme Court opinion.
D)Congress may overrule a Supreme Court opinion by issuing a "Congressional Overruling of Judicial Opinion" statement.
E)The Senate has the power to declare war.

Question 61

A state may exercise which of the following to regulate the safety,health,morals and welfare of its citizens:

A)Vice laws
B)Enabling legislation
C)Police powers
D)Stare decisis
E)Jurisdiction

Question 62

Which of the following is a type of law that is applied retroactively to its passage?

A)Ex post facto law
B)Judgment non obstante veredicto law
C)Bicameral law
D)Stare decisis law
E)Vice law

Question 63

Secondary sources of law are created by:

A)Senators
B)Representatives
C)Judges
D)State legislatures
E)Legal scholars

Question 64

Which Act requires creditors to accurately provide information concerning the costs involved in offers of credit?

A)The Fair Credit Reporting Act
B)Title VII of the Civil Rights Act
C)The Truth in Lending Act
D)The Sarbanes-Oxley Act
E)The Federal Trade Commission Act

Question 65

"We the people" is a very important part of the preamble to the U.S.Constitution.Why?

A)It is a government of laws and not of men.
B)It focuses purely on individual rights.
C)It allows unlimited government action.
D)It confers power on the people as well as on the states.
E)It confers all legislative powers in the Congress of the United States.

Question 66

The _____ contains the basis for many concepts contained in the U.S.Constitution,including the rights of the people to limit the sovereign.

A)English Bill of Rights
B)Code of Hammurabi
C)Magna Carta
D)Act of Settlement
E)Charter of Liberties

Question 67

Chris,Travis,and Pav move in together.The rules of their apartment prohibit more than three unrelated people from living together in the same apartment.After they move in,they invite Patrick to move in with them.None of them are related to each other.After Patrick moves in,they are served with eviction papers.This is an example of the enforcement of a:

A)Private law.
B)Public law.
C)Jurisdiction.
D)Jurisprudence.
E)Stare decisis.

Question 68

A system divided between two or more forms of government is an example of:

A)Bicameral.
B)Statutory law
C)Federalism
D)Common law
E)Jurisdiction

Question 69

After analyzing the facts by comparing elements of the rule of law,what can then be asserted via the IRAC model?

A)Abatement
B)Conclusion
C)Reasoning
D)Logic
E)Relevant issues

Question 70

The Truth in Lending Act TILA)is implemented by:

A)Title VII of the Civil Rights Act
B)Regulation Z
C)Federal Trade Commission
D)Securities and Exchange Commission
E)Sarbanes-Oxley Act

Question 71

_____ prohibits discrimination related to protected characteristics in hiring and employment practices.

A)Executive Order 11246
B)The Magna Carta
C)The Charter of Liberties
D)Title VII of the Civil Rights Act
E)The Sarbanes-Oxley Act

Question 72

In the IRAC model,the "A" stands for:

A)Assessment
B)Analysis
C)Abatement
D)Automatic
E)Abide

Question 73

A rule of law does not accomplish which of the following?

A)Legitimizes the law
B)Creates or captures precedent
C)Prevents citizens from breaking the law
D)Prevents any defense suggesting an ignorance of the law
E)Establishes clear rules of behavior

Question 74

The population numbers from the census determine how many seats each state receives in the:

A)Senate.
B)House of Representatives.
C)Joint subcommittee.
D)Ways and Means committee.
E)Executive cabinet.

Question 75

What is the mission of the U.S.Securities and Exchange Commission SEC)?

A)To undermine capital formation that is necessary to sustain economic growth.
B)To allow people to protect tangible property without having to go to extraordinary measures.
C)To prohibit discrimination related to protected characteristics in hiring and employment practices.
D)To practice and promote the highest standards of ethical behavior in government.
E)To protect investors and to maintain a fair market.

Question 76

Identify the primary goals of rule of law systems.

A)Ensure that all states attain maximum financial growth.
B)Use vigilante justice and physical strength in dispute resolution.
C)Governance of conflict and the attainment of peace among the governed.
D)Ensure uniform treatment of commercial and noncommercial transactions.
E)Systems wherein power should be divided between two or more forms of government.

Question 77

Which of the following states is home to the Death with Dignity Act?

A)Wisconsin
B)Utah
C)Maine
D)North Carolina
E)New York

Question 78

After a particular legal issue has been decided in a jurisdiction,there is a high probability that subsequent cases that present the same legal issue will use the same rule of law generated from already-decided cases regarding the same legal issue.This policy is known as _____.

A)stare decisis
B)bicameral
C)precedent
D)vice laws
E)enabling legislation

Question 79

The powers of Congress are enumerated in:

A)Magna Carta
B)Article II,Section 8 of the U.S.Constitution
C)Common Sense
D)Executive Branch
E)Article I,Section 8 of the U.S.Constitution

Question 80

_____ is a system of laws under which the people and the government are bound.

A)Stare decisis
B)Natural law
C)Rule of man
D)Enabling legislation
E)Rule of law