Deck 1: Introduction to Law

Question 1

Under a duty model of ethics, an action is morally correct or right when, among people it affects, it produces the greatest amount of good for the greatest number.​

Answer 1

False

Question 2

A code is a compilation of statutes grouped by topic.​

Answer 2

True

Question 3

It is often impossible to tell the plaintiff and the defendant by the title of a reported appellate court decision. You must read the facts of each case carefully to identify each party.​

Answer 3

True

Question 4

Utilitarianism is a philosophical theory, first developed by Jeremy Bentham.​

Question 5

Common law and statutory law are both laws created by the executive branch of government.​

Question 6

For hundreds of years, the common law of England had evolved into a framework of principles found in both customs and statutes that were brought to the New World by early colonial settlers.​

Question 7

A major strength of utilitarian ethics is its flexible application.​

Question 8

Procedural law is that law that establishes rights and prohibits wrongs.​

Question 9

One definition of law is static, a "snapshot," emphasizing law's nature as a set of written rules. A better definition of law is dynamic, emphasizing its changing and evolving nature in responding to new issues and problems.​

Question 10

The new science of biotechnology promises to bring new cures of old diseases without creating serious legal issues and problems.​

Question 11

Syllogisms help to identify incorrect premises and flawed thinking.​

Question 12

Stare decisis is a common-law principle that is fundamental to the U.S. modern system of justice.  ​

Question 13

The term judicial activist is used to describe legislators and executives who seek to increase the workload of the courts.​

Question 14

The doctrine of supremacy is a court doctrine requiring that trial court decisions comply with appellate court decisions.​

Question 15

It is generally understood that the phrase common law has one clear meaning.

Question 16

A doctrine of American law holds that courts may only decide cases to which an actual conflict exists rather than offer advisory opinions.

Question 17

Case law is also often referred to as court law.​

Question 18

Apostasy, the renunciation of one's religion, is illegal in some countries in which religious law is the law of the country.​

Question 19

Federal common law is limited to disputes involving obligations of the United States, interstate and international disputes, and admiralty cases.​

Question 20

The part of a court opinion that determines the resolution of the dispute is called the dicta ​

Question 21

A syllogism is​

A)a misleading statement causing difficulty in problem analysis.
B)a form of situational ethics.
C)unrelated to moral reasoning.
D)a pattern of deductive logic that contains a major or general premise, a minor or specific premise, and a conclusion, always in that order.

Question 22

Administrative agencies do all of the following except ​

A)conduct hearings, often calling witnesses.
B)enact rules that have the force and effect of law.
C)impose financial penalties upon violators of rules.
D)review judicial opinions and judgments.

Question 23

Fact finding processes are not static and they have evolved over the years. A process sometimes used in 11th century in England was​

A)truthing.
B)Saxon-hunting.
C)beaver tale.
D)ordeal.

Question 24

Assume that Michael brought home his new girlfriend, Marsha, and her six -year-old daughter, Fiona, to meet his parents. The relationship between the two continued, and Marsha and Fiona were guests several times in Michael's parent's home. During these visits Michael sexually molested Fiona unbeknownst to Marsha. Michael was a convicted child molester and his parents were aware of his propensity to molest children. No one including Michael's parents said anything to Marsha to give her any warning of Michael's past.​

A)Michael's parents have a legal duty, in most states, to tell Marsha about their son's past.
B)Michaels's parents do not have a legal duty, in most states, to tell Marsha about their son's past.
C)If Marsha were to sue Michael's parents for their failure to disclose, it would be a criminal action.
D)Any lawsuit brought by Marsha would most likely be a federal lawsuit.

Question 25

Normative judgments are value statements about things we believe or observe. Which of the statements below is not a normative judgment?​

A)Fees at the University are so expensive they are the equivalent of tuition.
B)The rainfall in New York City is less than the average for this year.
C)The President's health plan is a fair way to provide medical services.
D)This test is hard.
E)The Congressional Social Security Plan is more prudent than the President's.

Question 26

Large administrative agencies possess functions suggesting each of the different branches of government. However, they are usually classified as being part of the​

A)Executive Branch.
B)Judicial Branch.
C)Legislative Branch.
D)Security Council.

Question 27

Common law refers to​

A)statutory law.
B)criminal law.
C)court-made law.
D)ordinary law.

Question 28

Federalism is:​

A)A union of states under a central government.
B)The preclusion of a government undertaking significant international affairs.
C)a government made up of royal or imperial leadership.
D)Leadership selected on the basis of intellectual criteria

Question 29

A process begun by citizens to change a state statute or constitution by popular election was the​

A)initiative.
B)legislative ballot.
C)referendum.
D)signature measure.

Question 30

The doctrine of stare decisis ​

A)is expressed in statutes.
B)promotes predictability of the law.
C)promotes judicial activism.
D)is product of Roman civil law.

Question 31

The written law includes all of the following except ​

A)constitutions.
B)statutes.
C)case law of appellate courts.
D)ordinances.

Question 32

You are given the title of an appellate court case, and it is Herbert v. Singh.​

A)Herbert is the plaintiff and Singh is the defendant.
B)Singh won the trial court decision.
C)You cannot determine with absolute certainty which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all)reverse the names of the parties.
D)The trial judge was Herbert and the appellate judge is Singh.

Question 33

Which of the following is not an example of lawmaking by the executive branch of government?​

A)a directive by the governor of a state
B)a directive by the president
C)adoption of a rule by an administrative agency
D)adoption of the RICO statute

Question 34

For purposes of determining the value of an appellate case as precedent, the strongest precedent would occur from a​

A)concurring opinion.
B)dissenting opinion.
C)majority opinion.
D)unanimous opinion.

Question 35

The common law has been called each of the following except ​

A)the unwritten law.
B)case law.
C)decisional law.
D)administrative law.

Question 36

Wrongful conduct by one person that causes harm to another person​

A)is a crime.
B)is a tort.
C)can be both a tort and a crime.
D)is neither a tort or a crime.

Question 37

The strength of Kant's theory of duty lies in its​

A)simplicity.
B)complexity.
C)expressed basis in religious thought.
D)ability to balance action against the greater good.

Question 38

Penal codes and civil codes are examples of​

A)statutory law.
B)common law.
C)administrative law.
D)procedural law.

Question 39

A reasonable definition of utilitarianism would be:​

A)An action is morally correct if it creates the greatest amount of good for the greatest amount of people.
B)One is obligated to treat every individual as an end and never exclusively as a means.
C)One must act as though they are a person who both makes the law and is bound it.
D)Individuals look for a central authority or set of rules to guide them in ethical decision-making.

Question 40

A compilation of statutes grouped to gather is called a(n)

A)code.
B)constitution.
C)treaty .
D)unwritten law.

Question 41

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)Stare decisis
B)Res judicata
C)Precedent
D)Dictum

Question 42

Judges who purposefully expand on the law in their decisions are often referred to as ________________ and judges who narrowly interpret the law by relying heavily on precedent are often referred to as ________________ .​

Question 43

Statements that reflect what should be or how one should act are called ___________ .​

Question 44

The common law is sometimes referred to as the ____________ law.​

Question 45

________________ is a method of logical reasoning from two or more propositions to a conclusion.​

Question 46

Forcible rape is an example of both ____________ and _________________ law. Thus, the victim can begin legal proceedings against the wrongdoer in two separate courts.​

Question 47

A dissenting opinion​

A)An appeal by a losing defendant.
B)A judicial ruling that conflicts with stare decisis.
C)A judicial opinion where a judge states a different result should have been reached by the court.
D)A written opinion where a judge agrees with the result reached by another judge, but for different reasons.

Question 48

Law that concerns relations among sovereign nations is called ____________ .​

Question 49

A ( n ) ________________   is a party who appeals a case to another court. A(n)   ________________ is the party against whom an appeal is made.

Question 50

That lawyers may not question prospective jurors about their sexual preference is an example of the application of ____________________law.​

Question 51

The Code of Hammurabi is:​

A)the basis of Saxon common law before the Norman invasion.
B)the more common reference for Roman Civil Law.
C)A common reference for common law civil codes.
D)A code prepared by a Babylonian King in what is now modern Iraq.

Question 52

There are several definitions of common law which among the below is the best offered.​

A)Uniform codes passed by elected authorities.
B)Judge-made law reflecting the customs and usages of the people.
C)Statements that reflect what should and should not be or how one should act
D)The law of France evolved into a framework of principles, found in both customs and statutes that were brought to the New World by the early colonial settlers.

Question 53

Some fundamentals of our present constitutional law dates to the year 1215 when King John of England accepted the _________________ , which established, among other important matters, trial by jury in criminal cases.​

Question 54

The body of legal rules of today that were derived from fundamental usages and customs of antiquity, particularly as they appeared in medieval England, and from modern judgments of appellate courts that recognize and apply those customs in specific cases, is called the ________________ .​

Question 55

Which situation is an appropriate application of the doctrine of stare decisis?​

A)A reference to a dissenting opinion in the highest court in the same state with the same or similar facts.
B)A reference to a majority opinion in the highest court in the same state with the same or similar facts.
C)A reference to a statute in an appropriate state covering the same or similar facts.
D)A reference to a majority opinion in the highest court in a neighboring state with the same or similar facts.

Question 56

A city ordinance that requires all landlords to change locks each time an apartment is rented or face a $1,000 fine is an example of the __________law.​

Question 57

The Food and Drug Administration (FDA) has recently proposed new laws concerning inspection of meat before its sale for human consumption. A new meat inspection requirement would be an example of __________________ law.​

Question 58

The concept that subsequent courts will adhere to the principles of law espoused in decisions of prior courts is called​

Question 59

________________ is the study of the general nature of morals and of the specific moral choices to be made by the individual in his relationship with others; the philosophy of morals.​

Question 60

That state laws must yield to conflicting federal laws is called the doctrine of _________________.​

Question 61

A fashion model was arrested outside a singles' bar on suspicion of solicitation for prostitution.  She also had in her purse a taser.  A state statute prohibits the carrying on ones person of "any handgun, knife, switchblade, blackjack, brass knuckles, or other concealed weapon or implement of violence."  The solicitation charge was dropped, but she was convicted under the concealed weapons statute. She appeals the lower court's decision, arguing that the statute does not prohibit the carrying of a taser. How would you decide, and why?  What if instead she had a can of mace? Should she be convicted under the statute? Why or why not? Apply your precedent-stand by your decision and decide again! ​

Question 62

An important benefit of the doctrine of stare decisis is the stability and predictability that the doctrine brings to the law. How do the courts deal with legal disputes when new scientific information or methods and/or changes in societal values render certain existing legal rules obsolete, or even absurd, if applied to these new legal disputes?​

Question 63

This is a case of first impression in the State of Louisiana. The defendant has been   convicted of operating a vehicle while intoxicated in that he rode a horse on Louisiana  Highway #100 while under the influence of alcoholic beverages. The defendant was  riding a horse on La. Hwy. #100, one and one-tenth mile west of Crowley on the evening  of March 29, 1983 when he was involved in an accident with an automobile. After  investigating the accident, police officers administered a P.E.I. test to the defendant and  determined that he had a blood  alcohol concentration of.12 percent. Defendant was  convicted of the offense of O.W.I. in violation of LSA-R.S. 14:98. LSA-R.S. 14:98  provides in pertinent part:

​
"The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, vessel or other means of conveyance while under the influence of alcoholic beverages, narcotic drugs, central nervous system stimulants, hallucinogenic drugs or barbiturates. . . ."
State v. Williams, 449 So.2d 744 (La. App. 1984).
​
Appeals courts review for errors of law. Was the state statute correctly interpreted by the lower court? Should his conviction be overturned? Is a horse an "other means of conveyance" under the statute? Use the following guiding principles and precedent to write an appellate court decision that interprets Louisiana statute based on the facts that were found by the trial court, i.e., that the defendant was drunk when he rode his horse on highway 100.  

Criminal statutes are to be strictly construed in favor of the accused. In other words, defendants should not be convicted of conduct that is only "arguably" a crime.
Words and phrases shall be read with their context and shall be construed according to the common and approved usage of the language.
Where general words follow the enumeration of particular classes of persons or things, the general words will be construed as applicable only to persons or things of the same general nature or class as those enumerated.
When a statute is ambiguous or subject to two reasonable interpretations, the court can inquire into legislative aim and design for the purpose of determining legislative intent.

This precedent also exists under Louisiana law:
 State v. Hightower, 238 La. 876, 116 So.2d 699 (1959).
". . . a person is intoxicated within the provisions of the statute [R.S. 14:98] when he does not have the normal use of his physical and mental faculties by reason of the use of alcoholic beverages (or narcotics), thus rendering such person incapable of operating an automobile in a manner in which an ordinarily prudent and cautious man in full possession of his faculties, using reasonable care, would operate a motor vehicle under like conditions."

Question 64

Define the following terms and provide examples of each?
Criminal and Civil law
Substantive and procedural law​

Question 65

The term ___________ is a fanciful reference to a case that is identical or virtually identical to a case previously decided by a high court in the same court system.​

Question 66

Remember the Kitty Genovese story from this article: "Are There No Good People in This
Neighborhood?"
Friday 13 March
A young woman returns from work just after 3:00 a.m. on a typical street in Queens, New York. She parks her car and begins a 100-foot walk to her apartment building. Concerned about a man standing between her path and the apartment building she changes course and heads in the opposite direction. She was right to be concerned, as he follows and grabs her. She screams. No less than 38 neighbors turn on their lights and open their windows. Again she screams, "He stabbed me!" and "Help!" An observer shouts, "Leave the girl alone" and the attacker walks away. Then, the lights all go out, and windows are slammed shut. While the victim staggers to reach the nearest apartment building the attacker returns and stabs her again. The victim yells, "I'm dying!" The commotion again gets the attention of the apartment dwellers and again the attacker leaves. So the lights go out and windows close. The victim crawls toward the apartment house, but the attacker returns again one last time to stab and kill the young woman.

Consider the behavior of the observer who shouted "Leave the girl alone." Has the observer behaved ethically? Choose an ethical approach, analyze the behavior, and make a moral judgment based on your analysis.​

Question 67

Is it appropriate for courts to change well settled law, or should that be the sole province of legislatures? For example, assuming it is desirable, should Courts or the legislature now make a law that two-stroke outboard engines violate the public's right to pollution free waterways?​

Question 68

Take the pro or the con side of the following proposition: Persons in elective political offices who commit crimes involving moral turpitude (e.g., tax evasion, theft, rape, or fraud) should be sentenced more harshly, because of their positions of public trust, than should other nonpolitical persons who commit similar crimes. Both pro and con writers should state whether or not they think penalties do, in fact, differ for such persons.

Question 69

There must be a ____________ .properly presented to a court before judicial action will be taken.​

Question 70

Statements of fact that are neutral as to any expression of values are called ____________ .

Question 71

A set of rules for appropriate professional behavior is often called a ___________ .​

Question 72

Any part of a court opinion that is unnecessary to the resolution of a dispute before the court is called ________________ .