Deck 1: Our System of Law

Question 1

In the United States, the federal Constitution gives______.

A) unlimited powers exclusively to the federal government
B) unlimited powers to both the federal and state governments
C) reasonable powers exclusive to state governments
D) reasonable powers to the federal government

Answer 1

D

Question 2

The practice of relying on previous decisions is known as ______.

A) res sub-judice
B) res judicata
C) obiter dicta
D) stare decisis

Answer 2

D

Question 3

Many legal obligations are based on moral obligations, but not all moral obligations are legally enforceable.

Answer 3

True

Question 4

Administrative agencies lack the authority to establish rules that have the force of law.

Question 5

A court has appellate jurisdiction if it has the authority to hear appeals from other courts.

Question 6

The laws enacted by local government, such as a city council, are often known as ordinances.

Question 7

The literal translation of "stare decisis" would mean ______.

A) "during the pendency of a proceeding"
B) "to postpone hearing without a date"
C) "to send a summons"
D) "to stand on decided cases"

Question 8

There are 50 federal circuit courts of appeal, one for each state.

Question 9

The principles and ideals that protect individual liberty and freedom are incorporated in the ______.

A) Executive Order No. 1579 of the President
B) Constitution of the United States
C) Memorandum of Articles of a Corporation
D) Civil Rights Act of 1965

Question 10

The Uniform Commercial Code is a set of laws governing various commercial transactions designed to bring uniformity to the laws of the states.

Question 11

It is necessary for the average person to understand some of the general principles of law, how to avoid common problem and pitfalls, and know when to seek professional help.

Question 12

The person against whom a lawsuit is brought or who is charged with a violation of the law is called a ______.

A) defendant
B) plaintiff
C) judgment debtor
D) decree holder

Question 13

Federal district courts have original jurisdiction to hear all appeals from state trial courts.

Question 14

State laws require that barbers and pharmacists pass examinations to be ______.

A) employed by federal institutions
B) licensed to practice
C) immune from lawsuits
D) enrolled in the Bar Council

Question 15

Unlike the federal constitution, state constitutions provide safeguards for the rights of individuals within that particular state.

Question 16

The Uniform Commercial Code has been adopted, at least partly, by all 50 states.

Question 17

Administrative agencies include federal agencies such as the National Labor Relations Board.

Question 18

Administrative law is the body of rules, regulations, and decisions created by administrative agencies.

Question 19

Court decisions are recorded in writing so that lawyers and judges can refer to them when preparing or hearing a case.

Question 20

The State of Louisiana had earlier been a Spanish territory, and therefore, has greatly been influenced by the Spanish civil laws.

Question 21

Courts that are given the power to hear only certain kinds of cases have ______ jurisdiction.

A) original
B) appellate
C) pecuniary
D) special

Question 22

Most legal scholars agree that today's laws provide ?adequate protection of the ______ of the individual.

A) power
B) rights
C) duties
D) responsibility

Question 23

Appeals of the decisions of federal administrative agencies are made to the ______.

A) U.S. Supreme Court
B) U.S. Circuit Courts of Appeals
C) U.S. District Courts
D) International Court of Justice

Question 24

A law that is passed by a local government, such as a city council, is often called a(n) ______.

A) ratio decidendi
B) obiter dicta
C) ordinance
D) stare decisis

Question 25

The laws passed by Congress and by state legislatures are called ______.

A) statutes
B) executive orders
C) stare decisis
D) notices

Question 26

Write a brief explanation of the state court system.

Question 27

Statutes are the laws enacted by ______.

A) old English courts
B) the Supreme Court
C) state courts
D) state and federal legislatures

Question 28

How are precedents set and followed?

Question 29

The U.S. Supreme Court hears ______.

A) all appeals directly from the federal trial courts
B) all appeals directly from the state trial courts
C) a large percentage of appeals from both the federal and state appellate courts
D) a small percentage of appeals as it has no legal obligation to hear all appeals from lower courts

Question 30

The law concerned with the unenforceable obligations that people have to one another is known as ______

A) country law
B) common law
C) constitutional law
D) moral law

Question 31

The federal district courts have original jurisdiction in cases involving ______.

A) criminal matters
B) probate matters
C) federal questions
D) cases in which state law conflicts with county ordinances

Question 32

In what court would a case involving an appeal of a decision made by the Federal Trade Commission be tried?

Question 33

The enforcement of any and all moral obligations results from ______.

A) the effect on a person's conscience
B) actions by state courts
C) actions by federal courts
D) peer pressure

Question 34

Decisions made by the U.S. Supreme Court must ______ by other courts.

A) not be followed
B) be followed
C) not be referred to
D) be reviewed

Question 35

The Uniform Commercial Code was ______.

A) enacted in 1962 by Congress
B) prepared in 1952 by the National Conference of Commissioners
C) adopted by all 50 states in 1943
D) upheld by the Supreme Court as constitutional in 1971

Question 36

A court decision upon which courts later rely in similar cases is known as a(n) ______.

A) precedent
B) example
C) judicial review
D) statutory review

Question 37

The authority or power of a court to hear cases, as granted by a constitution or legislative act, is known as the court's ______.

A) jurisdiction
B) ratio decidendi
C) obiter dicta
D) quotient

Question 38

There was a time when state constitutions and laws differed from state to state with the result that interstate commerce was affected. What resolved the conflicting statutes regulating business activity among the states?