Deck 1: Introduction to Law

Question 1

What part of the Constitution addresses the most basic liberties
(a) Article I
(b) Article II
(c) Article III
(d) Amendments

Answer 1

The most basic liberties are addressed in Article III.
• Article I establishes the national legislature called Congress. It has the necessary and proper clause, which makes the Congress authorized to pass any law which is necessary for it to carry out its constitutional duties.• Article II describes the powers of the offices, the manner of election, and the qualifications for office.• Article III states that as per the direction by Congress the federal judicial power be placed in a Supreme Court and in other courts.
• An amendment is formally or officially bringing the change to a contract, constitution or law.Therefore, the correct option is (c)

Question 2

Do you believe that there are too many lawsuits in the United States If so, do you place more blame for the problem on lawyers or on individuals who go to court Is there anything that would help the problem, or will we always have large numbers of lawsuits

Answer 2

There are too many cases in the country US, but lawyers and people cannot be blamed for it who go to court for these cases. The lawyers cannot control the crime rate in the country US. Their main work is to present the case and perform trials and work for people who came there for taking judgment.Also, people who go to court cannot be blamed because they are the plaintiffs. Someone did something wrong to them, that is why they came over there. The Main reason for too many cases could be the law and order arrangements in the country US. It means police or government did not work properly, that is why the crimes increased and too many cases got registered in court.Therefore, lawyers and people who come in court have nothing to do with these increasing number of cases. The government should take steps to improve law system so that number of cases can be reduced.

Question 3

Burglar Bob breaks into Vince Victim's house. Bob steals a flat-screen television and laptop and does a significant amount of damage to the property before he leaves. Fortunately, Vince has a state-of-the-art security system. It captures excellent images of Bob, who is soon caught by police. Assume that two legal actions follow, one civil and one criminal. Who will be responsible for bringing the civil case What will be the outcome if the jury believes that Bob burgled Vince's house Who will be responsible for bringing the criminal case What will be the outcome if the jury believes that Bob burgled Vince's house

Answer 3

B breaks into V's house and steals television and laptop and also damages the property. B caught by the police.If there are two legal cases: Civil and Criminal. Then:
Civil case : It is victim's duty to prosecute the civil case. Government will not itself file civil case against anyone. If case is filed against anyone and he declared guilty by the court then he is forced to pay damages but he can't go to jail. In this case if this is treated as civil case, then V himself has to file case against B.Criminal Case : If there is criminal case like accident, death, etc. In that case, state will prosecute the case and criminal will be fined or imprisoned to the jail.If Jury believes that B burgled the v's house, in this situation criminal case will be executed and B will sent to jail.

Question 4

The United States Constitution is among the finest legal accomplishments in the history of the world. Which of the following influenced Ben Franklin, Thomas Jefferson, and the rest of the Founding Fathers
(a) English common-law principles
(b) The Iroquois's system of federalism
(c) Both A and B
(d) None of the above

Question 5

In the 1980s, the Supreme Court ruled that it is legal for protesters to burn the American flag. This activity counts as free speech under the Constitution. If the Court hears a new flag-burning case in this decade, should it consider changing its ruling, or should it follow precedent Is following past precedent something that seems sensible to you: always, usually, sometimes, rarely, or never

Question 6

Burglar Bob breaks into Vince Victim's house. Bob steals a flat-screen TV and laptop and does a significant amount of damage to the property before he leaves. Fortunately, Vince has a state-of-the-art security system. It captures excellent images of Bob, who is soon caught by police.
Assume that two legal actions follow, one civil and one criminal. Who will be responsible for bringing the civil case What will be the outcome if the jury believes that Bob burgled Vince's house Who will be responsible for bringing the criminal case What will be the outcome if the jury believes that Bob burgled Vince's house

Question 7

Which of the following parts of the modern legal system are "borrowed" from medieval England
(a) Jury trials
(b) Special rules for selling land
(c) Following precedent
(d) All of the above

Question 8

When should a business be held legally responsible for customer safety Consider the following statements, and consider the degree to which you agree or disagree:
• A business should keep customers safe from its own employees.
• A business should keep customers safe from other customers.
• A business should keep customers safe from themselves. (Example: an intoxicated customer who can no longer walk straight.)
• A business should keep people outside its own establishment safe if it is reasonable to do so.

Question 9

YOU BE THE JUDGE WRITING PROBLEM Should trials be televised Here are a few arguments to add to those in the chapter. You be the judge. Arguments against live television coverage: We have tried this experiment and it has failed. Trials fall into two categories: Those that create great public interest and those that do not. No one watches dull trials, so we do not need to broadcast them. The few that are interesting have all become circuses. Judges and lawyers have shown that they cannot resist the temptation to play to the camera. Trials are supposed to be about justice, not entertainment. If a citizen seriously wants to follow a case, she can do it by reading the daily newspaper. Arguments for live television coverage : It is true that some televised trials have been unseemly affairs, but that is the fault of the presiding judges, not the media. Indeed, one of the virtues of television coverage is that millions of people now understand that we have a lot of incompetent people running our courtrooms. The proper response is to train judges to run a tight trial by prohibiting grandstanding by lawyers. Access to accurate information is the foundation on which a democracy is built, and we must not eliminate a source of valuable data just because some judges are ill-trained or otherwise incompetent.

Question 10

Union organizers at a hospital wanted to distribute leaflets to potential union members, but hospital rules prohibited leafleting in areas of patient care, hallways, cafeterias, and any areas open to the public. The National Labor Relations Board, a government agency, ruled that these restrictions violated the law and ordered the hospital to permit the activities in the cafeteria and coffee shop. What kind of law was it creating
(a) A statute
(b) Common law
(c) A constitutional amendment
(d) Administrative regulation

Question 11

In his most famous novel, The Red and the Black, the French author Stendhal (1783- 1842) wrote: "There is no such thing as 'natural law': this expression is nothing but old nonsense. Prior to laws, what is natural is only the strength of the lion, or the need of the creature suffering from hunger or cold, in short, need." What do you think Does legal positivism or legal realism seem more sensible to you

Question 12

Leslie Bergh and his two brothers, Milton and Raymond, formed a partnership to help build a fancy saloon and dance hall in Evanston, Wyoming. Later, Leslie met with his friend and drinking buddy, John Mills, and tricked Mills into investing in the saloon. Leslie did not tell Mills that no one else was investing cash or that the entire enterprise was already bankrupt. Mills mortgaged his home, invested $150,000 in the saloon-and lost every penny of it. Mills sued all three partners for fraud. Milton and Raymond defended on the grounds that they did not commit the fraud; only Leslie did. The defendants lost. Was that fair By holding them liable, what general idea did the court rely on What Anglo-Saxon legal custom did the ruling resemble

Question 13

If the Congress creates a new statute with the president's support, it must pass the idea by a ____________ majority vote in the House and the Senate. If the president vetoes a proposed statute and the Congress wishes to pass it without his support, the idea must pass by a ____________ majority vote in the House and Senate.
(a) simple; simple
(b) simple; two-thirds
(c) simple; three-fourths
(d) two-thirds; three-fourths

Question 14

At the time of this writing, voters are particularly disgruntled. A good many people seem to be disgusted with government. For this question, we intentionally avoid distinguishing between Democrats and Republicans, and we intentionally do not name any particular President. Consider the following statements, and consider the degree to which you agree or disagree:
• I believe that members of Congress usually try to do the right thing for America.
• I believe that Presidents usually try to do the right thing for America.
• I believe that Supreme Court justices usually try to do the right thing for America.

Question 15

Kuehn v. Pub Zone and Soldano v. O' Daniels both involve attacks in a bar. Should they have the same result If so, in which way - in favor of the injured plaintiffs or owner - defendants If not, why should they have different outcomes What are the key facts that lead you to believe as you do