Deck 1: Introduction

Question 1

The underlying theory of natural law is that:

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.

Answer 1

A

Question 2

Which of the following is a function of law?

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.

Answer 2

E

Question 3

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

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

Answer 3

D

Question 4

Malum in se:

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 5

Which of the following is correct?

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 6

The distinction between a crime and a civil wrong:

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 7

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

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

Question 8

Which of the following is correct?

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 9

Bob Jones University v. United States:

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.

Question 10

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

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 11

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

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

Question 12

Natural law:

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.

Question 13

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

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 14

Common law:

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 15

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

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 16

Identify and discuss functions of law in society.

Question 17

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

Question 18

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

Question 19

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

Question 20

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