Deck 4: Sources of the Law Legislation

Question 1

Comprehensive legislation covering a general area of law-for example, "civil procedure"-refers to the process of

A) codification.
B) adjudication.
C) compilation.
D) restatement.

Answer 1

A

Question 2

The responsibility for statutory interpretation falls upon the

A) legislature.
B) attorney general.
C) judiciary.
D) executive.

Answer 2

C

Question 3

Who makes the ultimate determination of the constitutionality of a law?

A) The legislature
B) The courts
C) The chief executive
D) The people

Answer 3

B

Question 4

The landmark school case Goss v. Lopez is frequently cited as establishing public education as a

A) public duty.
B) right.
C) privilege.
D) contractual obligation.

Question 5

In Big John's Billiards, Inc. v. State , the court held that

A) the exemptions for tobacco retail outlets and cigar bars in the Nebraska Clean Indoor Air Act were unconstitutional special legislation.
B) the exemptions for tobacco retail outlets and cigar bars in the Nebraska Clean Indoor Air Act were not unconstitutional special legislation.
C) Big John's Billiards lacked standing and the case should have been dismissed.
D) the trial court should have struck down the Nebraska Clean Indoor Air Act because of defective procedure.

Question 6

David Dudley Field

A) was an attorney who was instrumental in the codification movement.
B) was the first U.S. Supreme Court justice.
C) helped enact the Judiciary Act of 1791.
D) wrote the majority opinion in Roe v. Wade .

Question 7

In Wiley v. RockTenn , the court held that

A) because RockTenn threatened to seek fees from the beginning of the litigation, the court awarded attorney fees to Wiley.
B) because RockTenn attempted to use the threat of fees to persuade Mr. Wiley to abandon all of his claims, the court sanctioned RockTenn.
C) because this is not an exceptional case and the record does not support a finding that any lawyer's conduct merits sanctions, the court declined to award attorney fees to RockTenn.
D) there was no statutory basis for awarding RockTenn attorney fees.

Question 8

Legislation has become a dominant source of law in modern America because of

A) the derogation of the common law.
B) rapid social change requiring new law.
C) the principle of separation of powers.
D) the fact that judges may not make law.

Question 9

A(n) _______ is an order by a higher court addressed to a lower court telling the lower court not to exercise its jurisdiction over a case.

A) demurrer
B) writ of mandamus
C) writ of prohibition
D) injunction

Question 10

In Ponder v. Graham , the court invalidated a legislative divorce because

A) the act of the legislature violated the supremacy clause.
B) granting divorces is a judicial rather than a legislative function.
C) the law was introduced into the legislature on one day and passed the next.
D) the legislature cannot make laws with regard to divorce.

Question 11

When legislation is enacted that changes common law principles, it

A) should be strictly construed.
B) has no effect.
C) need not be enforced by the courts.
D) will be selectively enforced by the courts.

Question 12

The court may depart from the plain meaning rule when

A) its application would lead to an absurd result.
B) the meaning is unambiguous.
C) interpreting criminal law.
D) the legislature has been silent as to interpretation.

Question 13

In State v. Nicoletto , the court held that

A) both a holder of a coaching authorization and a teacher are licensed professionals subject to prosecution for sexual exploitation by a school employee.
B) the court must apply the plain meaning of the statute and affirm the jury's verdict against Nicoletto.
C) a holder of a coaching authorization is a licensed professional subject to prosecution for sexual exploitation by a school employee.
D) a person who coaches merely pursuant to a coaching authorization is not subject to prosecution for sexual exploitation by a school employee.

Question 14

Statutes serve as public notice of the conduct required by law. If a statute fails to give a person of ordinary intelligence fair notice that his or her contemplated conduct is forbidden, that statute may be struck down by the _______ doctrine.

A) void-for-vagueness
B) plain meaning
C) expressio unius est exclusio alterius
D) ambiguity

Question 15

In Papachristou v. Jacksonville , the Supreme Court held that Jacksonville's vagrancy ordinance

A) was an unconstitutional interference with police.
B) interfered with federal authority.
C) was too vague.
D) violated the principle of separation of powers.

Question 16

The assumption that the legislature understood the meaning of the words it used and expressed its intent is the rationale behind

A) strict construction.
B) judicial deference.
C) stare decisis .
D) the plain meaning rule.

Question 17

Where the application of a statute remains unclear in its written language and in its written context, the courts must

A) apply the plain meaning doctrine.
B) search for legislative intent.
C) certify a question to the legislature for clarification of the issue.
D) revise the statute and submit it to the legislature.

Question 18

Courts may invalidate legislation on the grounds of unconstitutionality or

A) ambiguity.
B) conflict of interest.
C) unconscionability.
D) defective procedure.

Question 19

_______ refers to a widow's common law right in her deceased husband's estate.

A) Curtesy
B) Conjugal right
C) Dower
D) Intestate succession

Question 20

When a legislative body narrows its focus to resolve a particularized dispute, it may be challenged as violating the principle of

A) procedural due process.
B) legislative veto.
C) the doctrine of supremacy.
D) the separation of powers.