Deck 3: Institutional Sources of American Law

Question 1

Constitutions, legislation, court decisions and regulations are examples of

A) sources of American law.
C) federalism.
B) stare decisis.
D) None of the above is true.

Answer 1

A

Question 2

The U.S.Constitution is the primary source of all American law.

Answer 2

False

Question 3

Dictum contained in a judicial opinion is always worthless because it is not specifically concerned with the facts of the case.

Answer 3

False

Question 4

The supremacy clause restricts federal powers and does not apply to the legislative function.

Question 5

In order for a court decision on a legal point to be respected as precedent, the court's decision must be final and supported by a majority of the judges and it must be reported.

Question 6

Changing economic, political, or sociological viewpoints are not valid ground for overruling existing precedents.

Question 7

An unpublished opinion has no precedential value.

Question 8

American law has been influenced by

A) civil law systems.
C) both civil and common law.
B) common law systems.
D) neither civil nor common law.

Question 9

Police power is an inherent power that gives states the ability to pass laws necessary to preserving public health, safety and welfare.

Question 10

Federalism prohibits any state from providing its residents with greater protections than required by the U.S.Constitution.

Question 11

The foundation of the legal system in the United States is a civil law system.

Question 12

A decision of the U.S.Supreme Court on federal questions is binding on state courts.

Question 13

A case of first impression is before the U.S.Court of Appeals for the Sixth Circuit.A similar case has already been decided by the Second Circuit.The Sixth Circuit is not required by the doctrine of stare decisis and the Constitution's Full Faith and Credit Clause to give weight to the Second Circuit decision as precedent.

Question 14

A court has the power to declare in its opinion that a precedent-setting decision should have retroactive or prospective application.

Question 15

The full faith and credit clause requires states to align their laws as closely as possible.

Question 16

The federal government can exercise any power deemed appropriate to maintaining the liberty of the nation.

Question 17

Ex Post Facto laws are legislative acts that impose punishments on persons who have not had the benefit of a court trial.

Question 18

Statutes are to be read in the light of conditions at the time of their enactment.

Question 19

The federal government derives its legislative power from

A) the police power.
C) Article II of the U.S.Constitution.
B) Article I of the U.S.Constitution.
D) Article III of the U.S.Constitution.

Question 20

Common law systems rely on judge made law.

Question 21

Laws and governmental actions that violate a written constitution are

A) criminal.
B) unconstitutional.
C) void.
D) subject to the lex loci delicti rule.

Question 22

A state statute prohibits the carrying on one's person of "any handgun, knife, switchblade, blackjack, brass knuckles, or other concealed weapon or implement of violence." Should a question arise over its meaning, the interpretation of the statutory language "implement of violence" will most likely be resolved by

A) a court.
C) the executive branch.
B) Congress.
D) None of the above is correct.

Question 23

Legislative powers include

A) raising taxes.
C) interpreting laws.
B) nominating judges.
D) None of the above is true.

Question 24

Civil law systems reject

A) precedent.
C) rules of evidence.
B) juries in civil law cases.
D) All of the above are correct.

Question 25

On May 20, Arnie Walters's car crashed into a train owned and operated by the Regional Transit Authority at its crossing in Smithville.As a matter of law, the court found that the "Smithville crossing is extremely hazardous and unreasonably dangerous." On December 1 of the same year, Ole and Anna Hanson ran into an RTA train at the same crossing.Does the doctrine of stare decisis require that the court in Hanson accept the conclusion announced in the Walters case?

A) Absolutely because the issue is well settled.
B) Yes, and the trial court should grant defendant's motion to dismiss for failure to state a claim.
C) Yes, and the trial court should grant summary judgment for the RTA.
D) No, because stare decisis relates to principles of law by which conduct is governed, not to a decision based on a mixed question of law and fact.

Question 26

Before the U.S.Constitution was adopted, police power was exercised by the states.Upon its adoption

A) states delegated the power to the federal government.
B) states retained police power for themselves.
C) states eliminated police power.
D) None of the above is true.

Question 27

A Kentucky court was confronted with the issue of whether a court has the power to permit a kidney to be removed from an incompetent ward of the state, on petition from his mother, for the purpose of being transplanted into his brother, who is dying from kidney disease.There is no statute or prior common law decision to guide the court.What can the court do?

A) It must abstain from making a decision if there is no statute that permits the order, since courts can only interpret statutes and constitutional provisions.
B) It can decide the issue but only if the decision is unanimous, because only unanimous appellate decisions have value as precedent.
C) It must wait for the legislature to pass a statute, since common law courts do not have inherent power to determine what is the law and set precedents unless the Constitution is involved.
D) It can decide the issue relying on the public interest, tradition, justice, and morality, even if there is no common law decision or statute governing the situation.

Question 28

A decision by a court of final appeal on an issue of state law is generally binding on

A) lower state courts.
B) lower state courts and other states' trial courts.
C) all states' trial courts and appellate courts.
D) None of the above is true.

Question 29

In State v.Butler, the Supreme Court of Ohio was confronted with the question of whether the prosecution could use a non-Mirandized confession to impeach the credibility of a defendant who testifies in his or her own defense.The U.S.Supreme Court held in Miranda v.Arizona that the prosecution's use of statements of an accused made to police without prior warnings of his rights to remain silent, to counsel, and to have appointed counsel if indigent was a violation of the accuser's right against self-incrimination.Justice Frankfurter, in writing the Miranda decision, which involved the use of a confession as part of the prosecution's case-in-chief, suggested that a non-Mirandized confession could be used on cross-examination by the prosecution if the defendant testified.Which of the following statements is TRUE?

A) Justice Frankfurter's statement is not binding on the Ohio Supreme Court in State v.Butler because it is dicta.
B) Justice Frankfurter's statement is not binding on the Ohio Supreme Court in State v.Butler because a precedent set by the U.S.Supreme Court concerning the U.S.Constitution is not binding in Ohio state courts.
C) Justice Frankfurter's statement is not binding on the Ohio Supreme Court in State v.Butler because Ohio courts can interpret the U.S.Constitution differently than the U.S.Supreme Court under the state's police power.
D) Justice Frankfurter's statement is binding on the Ohio Supreme Court in State v.Butler even if it was a dissenting opinion in Miranda instead.

Question 30

The problem with ex post facto laws is that they

A) involve acts of the legislature.
B) apply to named individuals or members of identifiable groups.
C) impose punishments without trials.
D) All of the above are true.

Question 31

John, a resident of Michigan, and Joseph, a resident of Ohio, had an auto accident in New York.John sued Joseph in a federal district court in Ohio for damages arising out of the auto accident.What procedural law will be used in this case?

A) Ohio
C) New York
B) Michigan
D) Federal

Question 32

When a case for which there is no precedent comes before it, a court can

A) look to the decisions of courts in England.
B) consider the morals of society.
C) use the dicta of other cases as support for its decision.
D) All of the above are true.

Question 33

A court held that a landlord who placed television transmitters and microphones in a tenant's apartment for security purposes wrongfully invaded the tenant's privacy.The court noted, however, that cameras in the common hallways may not violate the tenants' privacy rights.This last statement would be considered

A) dictum.
B) prima facie evidence.
C) a res judicata.
D) laches.

Question 34

Civil and Common law are different with regards to

A) the role of precedent.
C) the opinions of judges.
B) the role of statutes and codes.
D) All of the above are correct.

Question 35

The role of civil law in the American legal system has been

A) irrelevance.
B) increasingly influential.
C) predominant.
D) None of the above is correct.

Question 36

A tavern sold liquor to a drunken patron who was subsequently involved as a driver in a fatal motor vehicle collision.The plaintiff was rendered a quadriplegic as a result.Prevailing precedent in this jurisdiction provides that the tavern does not owe a duty to third party motorists to guard against injuries caused by patrons who become intoxicated at their place of business.If the plaintiff appeals the trial court's granting of the defendant tavern's motion to dismiss, could the state supreme court overrule the precedent and recognize the tavern's responsibility and liability for the plaintiff's injuries?

A) Yes, but the new precedent can only be applied to subsequent cases.
B) Yes, if the precedent is no longer appropriate because of changing economic, political, and social conditions.
C) No, not unless the legislature changes the precedent by statute.
D) No, the doctrine of stare decisis prevents precedents from being overruled without exception.

Question 37

The federal minimum wage law requires that most workers be paid at least $5.15 per hour.A governor of a small industrial state, in which the standard of living is considerably below national levels, perceives that some employers might be willing to hire more workers if the amount were lowered.In order to increase the general welfare of the citizens of this state, he proposes to the legislature a bill lowering the minimum wage in certain industries and especially for certain age groups.Such a state Act would probably be declared unconstitutional because of

A) the full faith and credit clause.
C) the political question doctrine.
B) the supremacy clause.
D) the First Amendment.

Question 38

Which of the following statements is TRUE?

A) Precedent setting opinions are always applied retrospectively.
B) Precedent setting opinions are always applied prospectively.
C) Prospective effect means that the decision controls the legal consequences of causes of action arising before the announcement of the decision.
D) Courts must decide whether a precedent will apply retrospectively or prospectively on a case-by-case basis by examining certain factors.

Question 39

A final judgment or decree rendered on the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions, and facts in issue as to the parties and their privies and is a complete bar to any subsequent action on the same cause of action between the parties, or those in privity with them.This statement explains

A) res judicata.
C) dictum.
B) the full faith and credit clause.
D) stare decisis.

Question 40

For a bill to become a law, it must

A) be approved by a vote of the legislature.
B) be signed by the head of the executive branch.
C) pass through committee.
D) All of the above are true.

Question 41

In a contractual dispute, depending on the facts involved, the court may apply the law of the place of which of the following?

A) The state where the action was instituted (lex fori).
B) The state whose law the parties intend should govern.
C) The state that has the greatest concern with the event and parties' significant relationship or center of gravity test.
D) All of the above are correct.

Question 42

The civil equivalent to the criminal constitutional provision known as double jeopardy, whereby one cannot be tried twice for the same alleged wrong, is known as

A) sovereign immunity.
B) case and controversy requirement.
C) statute of limitations.
D) res judicata.

Question 43

The decisions that constitute the conflict-of-laws rules simply determine which state's law is applicable to any given question when more than one state is involved.In a contractual dispute in which the court follows the lex fori rule, the court applies the law of the place

A) where the action was instituted.
B) where the contract was made.
C) of performance of the contract.
D) whose law the parties intended should govern.

Question 44

Identify and describe the significant primary sources of American law.

Question 45

In reaching its decision, should a trial court of the state of Ohio be bound by any of the following if the same issue of law is involved: (a) a written opinion issued by the attorney general, (b) a written opinion of the Ohio Supreme Court involving two dissenting justices, (c) certiorari denied by the U.S.Supreme Court, (d) a written opinion issued by another trial court in Ohio, or (e) a written unanimous opinion of the Supreme Court of California? Explain each.

Question 46

Describe the role of an appellate judge in the making of American Law.

Question 47

X, a resident of Indiana, gets on a Greyhound bus in Ohio.Greyhound is a New Jersey corporation with its primary place of business in New York.X buys a candy bar at a Greyhound bus terminal in Kentucky out of a machine leased to Greyhound by a West Virginia candy distributor.X unwraps the candy bar in Tennessee, eats it in Georgia, gets sick in Alabama, and dies on reaching his destination in Florida.X's widow, who has been living apart from her husband in Illinois, brings suit for the wrongful death of her husband in an Illinois court of general jurisdiction against Greyhound and the candy distributor.Which state's law should apply if the court uses the lex loci delicti commissi conflict of laws approach?

A) Indiana
C) New Jersey
B) Ohio
D) None of the above is true.