Deck 1: Introduction to Law

Question 1

Contemporary law's principle of collective responsibility,such as all partners being personally responsible for the debts of the partnership,had its roots in:

A) the Anglo-Saxon method of ensuring public order through tithing.
B) the Anglo-Saxon practice of using "oath helpers. "
C) the English use of "shire reeves. "
D) the English system of feudalism.

Answer 1

A

Question 2

Rebecca sued her employer,Landry Inc.,claiming that she was sexually harassed on the job.This is a civil lawsuit.

Answer 2

True

Question 3

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 2010 a Flagstaff 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.

Answer 3

True

Question 4

Mediation in contemporary law had its origins in the work of the:

A) "shire reeves" of England.
B) Anglo-Saxon "tithingmen. "
C) League of the Iroquois "sachems. "
D) Anglo-Saxon "oath helpers. "

Question 5

The primary sources of contemporary law are constitutions,statutes,common law,and administrative law.

Question 6

The principle that precedent is binding on later cases is stare decisis.

Question 7

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

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

Question 8

In 1250,Henry de Bracton wrote a legal treatise that still influences us by helping to establish the concept of:

A) mediation.
B) collective responsibility.
C) trial by jury.
D) precedent.

Question 9

Although legal systems have greatly varied from one society to another,one extraordinary example of a detailed written code comes from:

A) England.
B) the Visigoths.
C) Confucius.
D) Australia.

Question 10

Common law is a body of cases decided by legislatures.

Question 11

Congress passed a law imposing penalties for displaying "indecent" material online where children could see it.If the U.S.Supreme Court subsequently rules that the law conflicts with the First Amendment of the U.S.Constitution,the statute is void.

Question 12

If Milan asks a court to order Pamela to stop reprinting his copyrighted material,he is seeking a legal,rather than an equitable,remedy.

Question 13

The case citation Kinders v.Mathern,503 N.E.2d 24 reveals that Kinders is the plaintiff.

Question 14

According to the Constitution,a treaty becomes law in the United States based solely upon the authority of the U.S.President after negotiating with foreign nations.

Question 15

Wilfred was driving too fast for the icy road conditions and hit Sally's car.Sally can sue Wilfred in criminal court.

Question 16

A case citation that reads: State of South Dakota v.Morse,753 N.W.2d 915 (2008)indicates that the case may be found in the 753rd volume of the second set of the North Western Reporter at page 915.

Question 17

A rule that establishes who may testify on your behalf in court is an example of a substantive rule of law.

Question 18

Under the natural law theory of jurisprudence,even laws considered unjust must be obeyed.

Question 19

In the case of Panavision Int'l v.Toeppen,the Ninth Circuit Court of Appeals affirmed the district court's decision.This means that the Ninth Circuit approved the district court's decision and upheld the outcome in the case.

Question 20

Hasbro,Inc.,the trademark owner of "Candy Land," sought a court injunction to prevent Internet Entertainment Group,LTD from using the domain name,"candyland.com." A jury will decide whether Hasbro is entitled to this remedy.

Question 21

In 1998,the President of the United States and other world leaders signed an agreement on global warming called the Kyoto Protocol.Subsequently,the Senate was asked to ratify the agreement.The Kyoto Protocol is:

A) an executive order.
B) a statute.
C) an administrative law.
D) a treaty.

Question 22

The doctrine of stare decisis:

A) makes the legal process more expensive.
B) is an equitable remedy.
C) makes the law more predictable.
D) is unimportant to the common law.

Question 23

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico.Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax,the neighbor would be applying the jurisprudential theory of:

A) Legal Positivism.
B) Natural Law.
C) Legal Realism.
D) Common Law.

Question 24

In 1992,the North Carolina Supreme Court ruled in a case entitled Goodman v.Wenco Foods,Inc.,that when a substance in food causes injury to a consumer of the food,it is not a bar to recovery against the seller that the substance was natural to the food.If,in a 2010 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder,the court followed the decision in Goodman v.Wenco Foods,Inc.,the court's action in the second case is an example of:

A) stare decisis.
B) equity.
C) public law.
D) administrative law.

Question 25

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico.Thoreau felt that there was a higher law than the law of the land.Which theory of jurisprudence was he applying?

A) Legal Positivism.
B) Natural Law.
C) Legal Realism.
D) Common Law.

Question 26

The three branches of government in the United States are:

A) the executive, legislative, and administrative.
B) the executive, legislative, and statutory.
C) the executive, legislative, and judicial.
D) the executive, legislative, and international.

Question 27

Common law refers to:

A) law that is the same or similar in all the states.
B) law made when judges decide cases and then follow those decisions in later cases.
C) law made by legislatures in the form of statutes.
D) the legal systems of France, Germany, and Italy.

Question 28

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:

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 29

State constitutions allow governors to:

A) create state agencies.
B) review the constitutionality of state statutes.
C) issue executive orders.
D) All of the above.

Question 30

The U.S.Constitution became one of the most important documents ever written by:

A) creating a limited government of three branches.
B) guaranteeing basic liberties to all citizens.
C) ensuring states play a limited role in citizens' lives.
D) All of the above.
E) Both (a) and (b).

Question 31

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:

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

Question 32

The federal judicial branch of the U.S.government:

A) interprets statutes.
B) passes statutes.
C) issues executive orders.
D) creates administrative agencies.

Question 33

The notion of civil disobedience is founded on what principle?

A) Legal Positivism.
B) Natural Law.
C) Legal Realism.
D) Foreseeability.

Question 34

The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom.This law is:

A) an executive order.
B) an ordinance.
C) a statute.
D) a stare decisis.

Question 35

Which of the following would be an example of a civil lawsuit?

A) George is being prosecuted for bank fraud.
B) The government has initiated an action against Jeff for operating a motor vehicle under the influence of alcohol.
C) Gretta hit Rita in the bar during happy hour. Rita is now suing for her injuries.
D) The district attorney is bringing Ali to court for violating the city's keg ordinance.

Question 36

President Nixon issued wage-price controls in an effort to stabilize the economy.This use of executive power was:

A) an illegal usurption of legislative powers which belong to the Congress.
B) a valid use of power, known as an executive order.
C) a valid use of power creating a treaty.
D) an illegal usurption of the regulatory powers of administrative agencies.

Question 37

The Occupational Safety and Health Administration promulgated a rule requiring guards for hand-fed circular crosscut table saws.The purpose of the guards is to keep employees clear of any danger zones.This rule is:

A) an executive order.
B) a statute.
C) common law.
D) administrative law.

Question 38

The President of the United States:

A) creates federal common law.
B) oversees administrative agencies.
C) determines the constitutionality of statutes.
D) passes statutes.

Question 39

All powers not granted to the federal government by the U.S.Constitution are retained by:

A) the states or the people.
B) Congress.
C) the President.
D) federal administrative agencies.

Question 40

Tony raped Jane in the parking lot of Joe's Brew Pub.The District Attorney's office prosecuted Tony on rape charges.Subsequently,Jane filed a lawsuit against Tony for money damages.Classify each legal action.

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

Question 41

Identify and discuss the primary sources of contemporary U.S.law.

Question 42

Identify and explain the parts of the following case name: Palsgraf v.Long Island Railroad Co.,248 N.Y.339,162 N.E.99,New York Court of Appeals.

Question 43

Peggy Lou filed a lawsuit against "We Fix 'Em Rite," an auto body shop,for the sloppy paint job it did on her car.Once the lawsuit was filed with the appropriate clerk of court,Peggy Lou personally dropped a copy of the lawsuit in the mail."We Fix 'Em" says it never received notice of the lawsuit.Local court rules require that a lawsuit be served by an independent process server or by the sheriff's department.Is this an example of substantive law or procedural law? Explain the difference.

Question 44

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 three schools of jurisprudence and how each would influence a finding of guilt or innocence for the three charged.

Question 45

Explain the origins of equity and its place in contemporary American law.