Deck 1: The Historical Basis and Current Structure of the American Legal System

Question 1

At the state level,the head of the executive branch is the

A) state governor.
B) state attorney general.
C) state legislator.
D) state senators.

Answer 1

A

Question 2

The primary source of new law is the

A) executive branch.
B) U.S.Constitution.
C) Congress.
D) popular vote.

Answer 2

C

Question 3

The traditional balance equals the rights of the people versus

A) the rights of society.
B) the rights of the state.
C) the rights of the individual.
D) the rights of the government.

Answer 3

D

Question 4

What type of law is most effective in dealing with a large or national industry that requires monitoring for public welfare or safety?

A) Administrative law
B) Business law
C) Commercial law
D) Delegated law

Question 5

Which law uses precedent as a key element?

A) Statutory law
B) Criminal law
C) Administrative law
D) Judicial law

Question 6

Each state is entitled to appoint a number of electors based on

A) the state's total number of registered voters.
B) the state's total number of national convention delegates.
C) the state's total number of senators and representatives.
D) the state's total number of federal judges.

Question 7

Federal laws take precedence over conflicting state laws because of the

A) legislative clause.
B) judicial clause.
C) statutory clause.
D) supremacy clause.

Question 8

Federal law-enforcement agencies are considered a component of the

A) executive branch.
B) Federal Bureau of Investigation.
C) judicial branch.
D) legislative branch.

Question 9

The ability to enforce law consistently while retaining enough flexibility to adapt to changes in societal standards is the definition of

A) modern law.
B) modern balance.
C) current law.
D) current balance.

Question 10

Before 1913,how were the House of Representatives and the Senate elected?

A) The people elected both indirectly.
B) The people elected the Senate indirectly.
C) The people elected both directly.
D) The people elected the House of Representatives indirectly.

Question 11

Congress has the sole authority to pass

A) state treaties.
B) criminal law.
C) international law.
D) statutory law.

Question 12

During formation of the national government,individual states were left intact because

A) the fledgling nation was at war.
B) the federal government was too weak to force the states into giving up the notion of individual statehood.
C) the states threatened secession and civil war.
D) they could more effectively respond to the citizens' needs.

Question 13

Who elects the President if there is not a candidate with a majority of the electoral vote?

A) House of Representatives
B) President of the Senate
C) Senate
D) Supreme Court

Question 14

The Bill of Rights does not reflect the language of

A) naturalist theory.
B) sociological theory.
C) positivist theory.
D) unionist theory.

Question 15

State governments are responsible for handling matters not addressed by

A) administrative laws.
B) Congress.
C) federal regulations.
D) the U.S.Constitution.

Question 16

Federal judges are appointed by the

A) U.S.Senate.
B) U.S.attorney general.
C) President.
D) U.S.Supreme Court.

Question 17

Stare decisis literally means what?

A) Let the decision stand.
B) Let the decision rest.
C) Let the verdict stand.
D) Let the verdict rest.

Question 18

What has had the most influence on the way all U.S.law is implemented?

A) Legal traditions
B) An established hierarchy of authority among the branches
C) The British system of law
D) The Supreme Court

Question 19

The naturalist theory was based on what belief?

A) Very few individuals have the ability to distinguish between right and wrong.
B) The aristocracy has the ability to distinguish between right and wrong.
C) All individuals have the ability to distinguish between right and wrong.
D) The court system has the ability to distinguish between right and wrong.

Question 20

The colonists considered the Articles of Confederation largely ineffective because of what factor?

A) Widespread corruption within the government.
B) The national government lacked enforcement power.
C) Lack of cooperation between the three branches of government.
D) The governmental staff had grown too large and ineffective.

Question 21

Match the most appropriate term to the definition.
a.modern balance
b.stare decisis
c.common law
d.statutory law
e.administrative law
f.precedent
g.sociological theory
h.traditional balance
i.positivist theory
j.legal standard
"Let the decision stand." The method used by the judiciary when applying precedent to current situations.

Question 22

Each state legislature determines the manner in which the electors are appointed.

Question 23

Match the most appropriate term to the definition.
a.modern balance
b.stare decisis
c.common law
d.statutory law
e.administrative law
f.precedent
g.sociological theory
h.traditional balance
i.positivist theory
j.legal standard
The doctrine that follows the principle that government should adapt laws to reflect the current needs and beliefs of society

Question 24

One of the first priorities for settlers in the New World was to establish a formal legal system different from the ones they left in Europe and Britain.

Question 25

The executive branch was the first governmental branch established in the federal structure.

Question 26

The Articles of Confederation was the document that guided the new government in advance of the U.S.Constitution.

Question 27

Match the most appropriate term to the definition.
a.modern balance
b.stare decisis
c.common law
d.statutory law
e.administrative law
f.precedent
g.sociological theory
h.traditional balance
i.positivist theory
j.legal standard
Existing legal standards that courts look to for guidance when making a determination of a legal issue

Question 28

Because of the influence of societal standards on behavior,the sociological theory plays a critical role in our governmental structure.

Question 29

Match the most appropriate term to the definition.
a.modern balance
b.stare decisis
c.common law
d.statutory law
e.administrative law
f.precedent
g.sociological theory
h.traditional balance
i.positivist theory
j.legal standard
A statute;law that is created by the legislature

Question 30

The U.S.Supreme Court is the main source of all law in this country.

Question 31

Match the most appropriate term to the definition.
a.modern balance
b.stare decisis
c.common law
d.statutory law
e.administrative law
f.precedent
g.sociological theory
h.traditional balance
i.positivist theory
j.legal standard
The goal of law-making authorities to balance the need for consistency and stability against the need for a flexible and adaptive government

Question 32

Match the most appropriate term to the definition.
a.modern balance
b.stare decisis
c.common law
d.statutory law
e.administrative law
f.precedent
g.sociological theory
h.traditional balance
i.positivist theory
j.legal standard
Regulations and decisions that explain and detail statutes,and are issued by administrative agencies.

Question 33

Match the most appropriate term to the definition.
a.modern balance
b.stare decisis
c.common law
d.statutory law
e.administrative law
f.precedent
g.sociological theory
h.traditional balance
i.positivist theory
j.legal standard
The political belief that there should be a superior government entity that is not subject to question or challenge

Question 34

Because the naturalist theory was ideally suited for the complex legal issues of the period,it played a key role in the creation of the Supreme Court.

Question 35

Administrative law is primarily made up of two elements.

Question 36

Match the most appropriate term to the definition.
a.modern balance
b.stare decisis
c.common law
d.statutory law
e.administrative law
f.precedent
g.sociological theory
h.traditional balance
i.positivist theory
j.legal standard
The goal of the judiciary to allow maximum personal freedom without detracting from the welfare of the general public.

Question 37

Match the most appropriate term to the definition.
a.modern balance
b.stare decisis
c.common law
d.statutory law
e.administrative law
f.precedent
g.sociological theory
h.traditional balance
i.positivist theory
j.legal standard
Law created by one of the three sources of government,including the legislature,administrative agencies,and the judiciary

Question 38

Match the most appropriate term to the definition.
a.modern balance
b.stare decisis
c.common law
d.statutory law
e.administrative law
f.precedent
g.sociological theory
h.traditional balance
i.positivist theory
j.legal standard
Creation of law by the judiciary

Question 39

The majority of Americans have more frequent personal contact with the legislative branch than with any other branch of government.

Question 40

Criminal law is the term used to describe all federal statutory law.

Question 41

Match the most appropriate term to the definition.
a.naturalist theory
b.legislative branch
c.positivist theory
d.executive branch
e.judicial branch
f.sociological theory
g.Bill of Rights
h.modern balance
i.legal standard
j.traditional balance
Has the authority to interpret laws and protect the Constitution from violation by Congress,the President,and the states

Question 42

Match the most appropriate term to the definition.
a.naturalist theory
b.legislative branch
c.positivist theory
d.executive branch
e.judicial branch
f.sociological theory
g.Bill of Rights
h.modern balance
i.legal standard
j.traditional balance
Legal principle or point of law that may appear in the form of statutory,judicial,or administrative law

Question 43

Match the most appropriate term to the definition.
a.naturalist theory
b.legislative branch
c.positivist theory
d.executive branch
e.judicial branch
f.sociological theory
g.Bill of Rights
h.modern balance
i.legal standard
j.traditional balance
Follows the principle that government should adopt laws to reflect the current needs and beliefs of society

Question 44

Match the most appropriate term to the definition.
a.naturalist theory
b.legislative branch
c.positivist theory
d.executive branch
e.judicial branch
f.sociological theory
g.Bill of Rights
h.modern balance
i.legal standard
j.traditional balance
Establishes the standards of fundamental fairness by which the government must deal with its citizens

Question 45

Match the most appropriate term to the definition.
a.naturalist theory
b.legislative branch
c.positivist theory
d.executive branch
e.judicial branch
f.sociological theory
g.Bill of Rights
h.modern balance
i.legal standard
j.traditional balance
Is headed by the President at the national level and governors at the state level

Question 46

Match the most appropriate term to the definition.
a.naturalist theory
b.legislative branch
c.positivist theory
d.executive branch
e.judicial branch
f.sociological theory
g.Bill of Rights
h.modern balance
i.legal standard
j.traditional balance
Goal of law-making authorities to balance the need for consistency and stability against the need for flexible and adaptive government

Question 47

Match the most appropriate term to the definition.
a.naturalist theory
b.legislative branch
c.positivist theory
d.executive branch
e.judicial branch
f.sociological theory
g.Bill of Rights
h.modern balance
i.legal standard
j.traditional balance
Belief that there should be a superior governmental entity not subject to question or challenge

Question 48

Match the most appropriate term to the definition.
a.naturalist theory
b.legislative branch
c.positivist theory
d.executive branch
e.judicial branch
f.sociological theory
g.Bill of Rights
h.modern balance
i.legal standard
j.traditional balance
Based on the belief that all persons inherently know the difference between right and wrong

Question 49

Match the most appropriate term to the definition.
a.naturalist theory
b.legislative branch
c.positivist theory
d.executive branch
e.judicial branch
f.sociological theory
g.Bill of Rights
h.modern balance
i.legal standard
j.traditional balance
Goal of the judiciary to allow maximum personal freedom without detracting from the welfare of the general public

Question 50

Match the most appropriate term to the definition.
a.naturalist theory
b.legislative branch
c.positivist theory
d.executive branch
e.judicial branch
f.sociological theory
g.Bill of Rights
h.modern balance
i.legal standard
j.traditional balance
The first branch of government created