Deck 5: Sources of American Law

Question 1

Secondary sources of law

A) are from the Roman tradition of law.
B) cannot be used in court cases.
C) are books and articles that summarize, synthesize, and explain the primary sources of law.
D) are notoriously unreliable.

Answer 1

C

Question 2

Which of the following is a secondary source of law?

A) A legal encyclopedia
B) A treatise
C) An article in a law review
D) Restatements of the Law
E) All of these choices are correct.

Answer 2

E

Question 3

Which of the following is a primary source of law?

A) Common law doctrines
B) Case law
C) The U.S. Constitution
D) Treaties
E) All of these choices are correct.

Answer 3

E

Question 4

A body of rules of conduct established and enforced by the controlling authority (the government) of a society is known as

A) a treaty.
B) statutory law.
C) international law.
D) law.

Question 5

Which of the following is not a secondary source of law?

A) A legal encyclopedia
B) A treaty
C) An article in a law review
D) Restatements of the Law

Question 6

A body of law developed from custom or judicial decisions in English and U.S. courts and not attributable to a legislature is known as law.

A) civil
B) national
C) common
D) statutory

Question 7

Secondary sources of law primary sources of law.

A) summarize
B) synthesize
C) explain
D) All of these choices are correct.

Question 8

Which of the following is a secondary source of law?

A) Case law
B) The U.S. Constitution
C) A statute
D) A treaty
E) None of these choices is correct.

Question 9

Which of the following is a primary source of law?

A) Compilations of law
B) Case law
C) Restatements of the law
D) Treatises

Question 10

How a person defines "law" depends on the person's views of

A) morality.
B) ethics.
C) truth.
D) All of these choices are correct.

Question 11

Which of the following is one of the most important functions of law in any society?

A) To provide health care for everyone
B) To provide stability, predictability, and continuity so that people can arrange their affairs
C) To make sure the upper class is not displaced
D) To ensure taxes are adequate to support public works

Question 12

sources of law are books and articles that summarize, synthesize, and explain the primary sources of law.

A) Exemplary
B) Primary
C) Tertiary
D) Explanatory
E) None of these choices is correct.

Question 13

Which of the following is not a primary source of law?

A) Common law doctrines
B) Case law
C) The U.S. Constitution
D) Treaties
E) None of these choices is correct.

Question 14

sources of law are books and articles that summarize, synthesize, and explain the primary sources of law.

A) Secondary
B) Primary
C) Tertiary
D) Explanatory

Question 15

Which of the following is a secondary source of law?

A) Case law
B) The U.S. Constitution
C) A statute
D) A treatise

Question 16

Which of the following is not a primary source of law?

A) Common law doctrines
B) Case law
C) The U.S. Constitution
D) Treaties
E) Restatements of the law

Question 17

Which of the following legal systems contributed to the development of American law?

A) Spanish
B) French
C) Mexican
D) Spanish and French only
E) Spanish, French, and Mexican

Question 18

Many European nations have laws that are

A) not written down because they are derived from ancient times when there was no written law.
B) set forth in a comprehensive code.
C) not enforced by the government.
D) written in Latin because they are from ancient societies.

Question 19

Which of the following is a primary source of law?

A) Common law doctrines
B) Case law
C) Restatements of the law
D) Treatises
E) Common law doctrines and case law

Question 20

Which of the following is not a secondary source of law?

A) A legal encyclopedia
B) Case law
C) An article in a law review
D) Restatements of the Law

Question 21

Common law, a major source of American law, originated in

A) Rome.
B) the United States.
C) England.
D) None of these choices is correct.

Question 22

Which of the following is not an example of a binding authority?

A) Constitutions
B) Statutes
C) Law journals
D) Regulations

Question 23

In establishing the common law, the English courts sought to provide general rules for

A) William the Conqueror.
B) certain regions of the country.
C) the entire country.
D) William the Conqueror and the entire country.

Question 24

The law is made more stable and predictable by

A) the doctrine of stare decisis.
B) the doctrine of stability.
C) persuasive precedents.
D) the doctrine of binding authority.

Question 25

Which of the following is an example of a binding authority?

A) Constitutions
B) Statutes
C) Regulations
D) All of these choices are correct.

Question 26

The doctrine of makes the law more stable and predictable.

A) stare decisis
B) romanus decisis
C) stability
D) common law

Question 27

When deciding cases of first impression, courts may consider which of the following factors?

A) Legal principles and policies underlying previous court decisions or statutes
B) Fairness
C) Social values and customs
D) Public policy
E) All of these choices are correct.

Question 28

Which of the following describes the useful functions of the doctrine of stare decisis?

A) Efficiency
B) Consistency
C) Stability and predictability
D) All of these choices are correct.

Question 29

When no binding authority exists, courts will often review which of the following?

A) Law journals
B) Persuasive precedents
C) Regulations
D) Example precedents
E) Stare decisis

Question 30

is the doctrine under which a court is obligated to follow the earlier decisions of that court or higher courts within the same jurisdiction.

A) Statutory law
B) The common law
C) Precedent
D) Stare decisis

Question 31

A case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction is known as

A) precedent.
B) stare decisis.
C) a case of first impression.
D) a public policy decision.

Question 32

Occasionally, a court will depart from precedent if

A) the precedent is incorrect.
B) it is a case of first impression.
C) technological or social changes have made the precedent inappropriate.
D) the precedent is incorrect and technological or social changes have made the precedent inappropriate.
E) the precedent is incorrect, it is a case of first impression, or technological or social changes have made the precedent inappropriate.

Question 33

A court decision that furnishes an example or authority for deciding subsequent cases in which identical or similar facts are presented is called

A) stare decisis.
B) a common law.
C) a precedent.
D) an analogy.

Question 34

Which of the following cases helped launch the civil rights movement?

A) Johnson v. Board of Education of Huntsville
B) Brown v. Board of Education of Topeka
C) Roe v. Wade
D) None of these choices is correct.

Question 35

Judges often decide cases based upon from previous cases on similar subjects.

A) legal merits
B) legal precedents
C) judicial precedents
D) jury reports

Question 36

Under the doctrine of stare decisis, judges

A) are obligated to follow the precedents established by their own courts or by higher courts within their jurisdictions.
B) may decide cases however they feel best.
C) must always consider the financial status of those involved in the case.
D) All of these choices are correct.

Question 37

In the case Brown v. Board of Education of Topeka, the U.S. Supreme Court held that

A) a Louisiana statute providing for separate railway cars for whites and African Americans provided equal facilities for African Americans.
B) a surrogate-parenting contract should be enforced against the wishes of the natural mother.
C) separate educational facilities for whites and African Americans were inherently unequal.
D) a Louisiana statute providing separate educational facilities for whites and African Americans could be consistent with the Constitution under the Supremacy Clause.

Question 38

Persuasive precedents are

A) never used when deciding court cases.
B) precedents decided in similar cases in other jurisdictions.
C) precedents decided in a particularly decisive manner.
D) precedents decided by the Supreme Court.

Question 39

Which of the following is not an example of a binding authority?

A) Constitutions
B) Statutes
C) Regulations
D) None of these choices is correct.

Question 40

A is a decision made by a judge in a case that has come before the court and which then becomes part of the law on the subject.

A) legal precedent
B) legal decision
C) judicial decision
D) None of these choices is correct.

Question 41

Which of the following is the first step you should take when researching a case of first impression?

A) See if there is an existing law that the judge might determine should apply to your case.
B) Look to see if any other court has considered a similar legal issue and what that court concluded.
C) Prepare some legal advice to offer the client.
D) Start a log sheet of the hours you spend working on the case.

Question 42

Which of the following could be awarded as a remedy in an early English court?

A) Land
B) An item of value
C) Money
D) All of these choices are correct

Question 43

Money damages are an example of a remedy

A) in chancery.
B) in equity.
C) at law.
D) in chancery and remedy at law.

Question 44

A court that was created to decide cases where there was no adequate remedy at law is called a(n)

A) international court of law.
B) court of law.
C) probate court.
D) court of equity.

Question 45

Which of the following is an example of an equitable maxim?

A) Whoever seeks equity must do equity.
B) Equity requires dirty hands.
C) Equity will suffer a right to exist without a remedy.
D) Equity values form over substance.
E) All of these choices are correct.

Question 46

A remedy allowed by courts where remedies at law are not appropriate and that is based on rules of fairness, justice, and honesty is called a

A) common law remedy.
B) remedy at law.
C) remedy in equity.
D) civil law remedy.

Question 47

were courts in which the only remedies that could be granted were money, items of value, and land, and which were distinct from courts of equity of the English courts.

A) International courts
B) Courts of equity
C) Courts of law
D) Courts of chancery

Question 48

Early English courts could grant only limited in the form of land, items of value, or money.

A) remedies
B) compensations
C) gifts
D) bribes

Question 49

A governmental policy based on widely held societal values is known as policy.

A) public
B) fair
C) societal
D) social

Question 50

Propositions or general statements of rules of law that are frequently involved in equity cases are called

A) specific performances.
B) injunctions.
C) equitable remedies.
D) equitable principles and maxims.

Question 51

was an advisor to the king in medieval England who received petitions for claims for which there was no adequate remedy at law.

A) The king's judge
B) William the Conqueror
C) The chancellor
D) None of these choices is correct.

Question 52

Public policy is a

A) traditional, but unwritten, policy.
B) governmental policy based on stare decisis.
C) governmental policy based on widely held societal values.
D) None of these choices is correct.

Question 53

Which of the following is true of equity?

A) Decisions in equity cases do not involve considerations of fairness.
B) Money damages are an equitable remedy.
C) Courts of equity are not guided by equitable principles and maxims.
D) Law and equity have merged, so today the same court can award both remedies.

Question 54

In medieval England the chancellor was a(n)

A) lawyer.
B) judge.
C) adviser to the king.
D) member of a jury.

Question 55

Factors that frame a judge's decision-making process include which of the following?

A) Unique personality
B) Personal history
C) Intellectual attributes
D) All of these choices are correct.

Question 56

Developments in technology often outpace the law, resulting in cases for which there is no precedent. Such cases are referred to as

A) cases of first impression.
B) public policy cases.
C) stare decisis.
D) departures from precedent.
E) None of these choices is correct.

Question 57

Courts consider legal principles and policies underlying previous court decisions or existing statutes, fairness, social values and customs, public policy and data, and concepts drawn from the social sciences when deciding

A) stare decisis cases.
B) cases of first impression.
C) cases of import.
D) cases of precedent.

Question 58

Which of the following is an example of an equitable maxim?

A) Whoever seeks equity must do equity.
B) Equity requires clean hands.
C) Equity will not suffer a right to exist without a remedy.
D) Equity values substance over form.
E) All of these choices are correct.

Question 59

Which of the following is an example of an equitable maxim?

A) The early bird gets the worm.
B) Equity requires clean hands.
C) Equity will suffer a right to exist without a remedy.
D) Equity values form over substance.
E) All of these choices are correct.

Question 60

Equitable remedies include which of the following?

A) Specific performance
B) Money damages
C) Injunction
D) Specific performance and injunction
E) Specific performance, money damages, and injunction

Question 61

Which of the following has no statute of limitations?

A) First-degree murder
B) Armed robbery
C) Tax fraud
D) All of these choices are correct.

Question 62

A person who violates an injunction is

A) held in contempt of court.
B) made to pay a fine.
C) sold into slavery.
D) given three weeks to remedy the situation.

Question 63

Disputes over which of the following would not be likely to qualify for specific performance?

A) A contract for 10,000 half-inch screws
B) A contract for 500 cans of red spray paint
C) A contract for the purchase of a rare book
D) A contract for 10,000 half-inch screws and a contract for 500 cans of red spray paint

Question 64

The statute of limitations for contracts involving the sale of goods is typically

A) ten years.
B) five years.
C) four years.
D) one year.

Question 65

Which of the following is an example of an equitable maxim?

A) Whoever seeks equity must do equity.
B) Equity requires clean hands.
C) Whoever seeks equity must do equity and equity requires clean hands.
D) Equity values form over substance.

Question 66

Specific performance is often granted in cases involving which of the following?

A) Rare books
B) Paintings
C) Interests in land
D) All of these choices are correct.

Question 67

A court decree ordering a person to do or to refrain from doing a certain act is known as

A) an injunction.
B) a maxim.
C) specific performance.
D) None of these choices is correct.

Question 68

The statute of limitations for civil wrongs typically ranges from

A) ten to twenty years.
B) six months to one year.
C) two to five years.
D) fifteen to thirty years.

Question 69

Specific performance is rarely granted in cases involving which of the following?

A) Rare books
B) Rare coins
C) Personal services
D) Interests in land

Question 70

The duration of the statute of limitations for criminal prosecutions is

A) related the seriousness of the offense.
B) six months to one year.
C) there is no statute of limitations for criminal prosecutions.
D) fifteen to thirty years.

Question 71

Specific performance is often granted in cases involving which of the following?

A) Rare books
B) Child abuse
C) Personal services
D) All of these choices are correct.

Question 72

An injunction is

A) part of the old English common law.
B) a judge's opinion.
C) a suggestion from the jury.
D) a court order in equity directing the defendant to do or to refrain from doing a particular act.

Question 73

Disputes over which of the following would be likely to qualify for specific performance?

A) A contract for 10,000 half-inch screws
B) A contract for 500 cans of red spray paint
C) A contract for the purchase of a rare book
D) All of these choices are correct.

Question 74

The statute of limitations for first-degree murder is years.

A) five
B) twenty-five
C) fifty
D) None of these choices is correct

Question 75

The statute of limitations for first-degree murder is years.

A) five
B) twenty-five
C) fifty
D) None of these-there is no statute of limitations for first-degree murder.

Question 76

is an equitable remedy requiring the performance that was specified in a contract and is granted only when money damages are inadequate and where the subject matter of the contract is unique.

A) An injunction
B) Laches
C) Specific performance
D) None of these choices is correct.

Question 77

Being held in contempt of court is a result of

A) violating an injunction.
B) robbing a small business.
C) failing to pay taxes.
D) committing first-degree murder.

Question 78

Which of the following has no statute of limitations?

A) Petty theft
B) Armed robbery
C) Tax fraud
D) None of these choices is correct.

Question 79

One who seeks the aid of an equity court must come to the court with _; that is, the plaintiff must have acted fairly and honestly.

A) a complaint
B) clean hands
C) a petition
D) vigilance

Question 80

Disputes over which of the following would not be likely to qualify for specific performance?

A) A contract for 10,000 half-inch screws
B) A contract for the purchase of a painting
C) A contract for the purchase of a rare book
D) All of these choices are correct.