Deck 1: Introduction to Law

Question 1

Enforcing the terms of a consulting contract is an example of private law.

Answer 1

True

Question 2

Substantive laws are, in essence, the same thing as procedural laws.

Answer 2

False

Question 3

There are no criminal laws at the federal level.

Answer 3

False

Question 4

Those who believe in order theory would allow laws that control behavior or provide guidelines.

Question 5

Constitutions exist at both state and federal levels.

Question 6

Statutory law exists at all levels of government.

Question 7

The Code of Federal Regulations includes the enactments of federal administrative agencies.

Question 8

Supporters of slavery relied heavily on natural law as a defense for it.

Question 9

The United States Code includes laws on anticompetitive activities as well as laws regulating the sale of securities.

Question 10

Stare decisis is Latin for "let the decision stand."

Question 11

Substantive laws provide the means and mechanisms for the enforcement of laws.

Question 12

City ordinances generally cover the legal aspects of incorporation and securities registration.

Question 13

Ordinances are generally found in state legislative codes.

Question 14

Violations of civil laws often result in imprisonment.

Question 15

If Susan hits Debra, and Debra sues Susan for that act, Susan cannot also be prosecuted for that same act.

Question 16

States do not have administrative laws.

Question 17

The common law in each state is the same.

Question 18

The scholars of jurisprudence generally agree on the theory of law.

Question 19

The power theory is part of jurisprudence, but the justice theory is not.

Question 20

Constitutional law is developed by the executive branch.

Question 21

Laws' flexibility allow adjustments for technology changes.

Question 22

Courts create and apply the common law.

Question 23

A question about a licensing exam for a real estate agent is best answered by going to federal laws.

Question 24

Equitable remedies are not available in courts of law in the United States.

Question 25

The act of state doctrine permits other countries to intervene in a nation's government when human rights are violated.

Question 26

A multilateral treaty is a treaty among several nations.

Question 27

If you run a red light and hit and injure a pedestrian, both civil and criminal laws will apply.

Question 28

Most countries follow a philosophy of caveat emptor .

Question 29

The Uniform Commercial Code and the Uniform Partnership Act are both enactments of Congress.

Question 30

The uniform laws on partnerships and corporations are found codified in the United States Code.

Question 31

Courts interpret all levels of statutes and regulations.

Question 32

Curfews are an example of state laws.

Question 33

A personnel manual is an example of private law.

Question 34

Pervasiveness, consistency, and rigidness are characteristics of law.

Question 35

Criminal laws are generally enforced by individuals.

Question 36

The  Grokster and YouTube cases held that someone who makes downloading possible could be liable for copyright infringement.

Question 37

The U.S. Constitution does not apply to the states.

Question 38

A curfew is an example of the type of law that would be found in city or town ordinances.

Question 39

Zoning is an example of private law.

Question 40

Treaties are a source of international law.

Question 41

Laws make society more confusing and chaotic, but are necessary for government.

Question 42

Bill Blackburn is the new mayor of Oceanside, Washington. He discovered that the city-run utility requires a deposit of $50 from new customers in homes. However, new customers who reside in apartments, condominiums, or townhouses must pay a $500 deposit. Mayor Blackburn proposed that the utility deposit be $100 for all new customers. Blackburn's change fits best under which theory of law?

A)Positive law theory
B)Natural law theory
C)Theory of justice
D)Theory of custom

Question 43

Injunctions are one type of equitable remedy available for a plaintiff.

Question 44

Which is the proper cite for the Code of Federal Regulations?

A)CFR
B)USC
C)USCFR
D)CFedReg

Question 45

Judicial review is one means for clarifying the meaning of laws.

Question 46

Legal and equitable remedies:

A)are available in all courts in the United States.
B)are awarded by separate courts of equity and law.
C)are the same remedies.
D)exist only in the United States.

Question 47

In the YouTube case, YouTube was held liable for vicarious infringement.

Question 48

Uniform laws are:

A)required to be adopted by states.
B)written to make interstate business less complicated.
C)found in USC.
D)only used when the plaintiff and defendant are from different states.

Question 49

Material posted on the Internet is not protected by copyright law.

Question 50

Because laws must be applied consistently, they may not be changed, even if society has changed.

Question 51

Which of the following is not part of the United States Code?

A)1933 Securities Act
B)Sherman Act
C)Equal Employment Opportunity Act
D)Uniform Commercial Code
E)Dodd-Frank Act

Question 52

In the cite "15 U.S.C. § 77," the 15 represents:

A)page number.
B)volume number.
C)the session of Congress when enactment occurred.
D)the docket number of the case.

Question 53

Universal treaties reflect widely accepted standards of behavior and are recognized by almost all nations.

Question 54

Which of the following is not an example of private law?

A)Contracts
B)Restrictions on insider trading of stocks
C)Leases
D)An employer's regulation about dating co-workers

Question 55

Enactments of federal administrative agencies are found in:

A)the United States Code.
B)the Code of Federal Regulations.
C)U)S.C.
D)the UCC.

Question 56

Which is the proper cite for Executive Orders?

A)CFR
B)USC
C)E)O.O.C.
D)None of the above

Question 57

Which of the following is not a purpose of law?

A)Keeping order
B)Influencing conduct
C)Promoting equality
D)Providing compromises
E)Ensuring comparable wealth

Question 58

The power theory of jurisprudence promotes the idea that the law is whatever the people in charge say it is.

Question 59

Black's Law Dictionary defines law as "reason unaffected by desire."

Question 60

Several states have recently enacted legislation to permit casino gambling on river boats docked in their states. Gambling is permitted only while the boats are traveling in the rivers surrounding or inside the states. One governor issued the following statement: "It wouldn't matter how many gaming statutes are passed or how many legislatures passed them, the fact of the matter is that commercial gambling is wrong." This governor's views:

A)indicate that he follows the power law theory.
B)indicate that he follows the natural law theory.
C)indicate that he follows the justice law theory.
D)indicate that he follows the probability law theory.

Question 61

Ellen Benson has been operating a small catering business out of her home. Business growth is now requiring an office and kitchen facilities. Before expanding facilities, Ellen wishes to incorporate her business. Where would Ellen find the laws of incorporation?

A)State statutes
B)Zoning ordinances
C)Code of Federal Regulations
D)County ordinances

Question 62

Anna feels, after negotiating her first few plumbing contracts, that there is a pricing conspiracy involving other plumbing contractors that keeps her from really breaking into the market. Her business is located in Tempe, Arizona. Where would Anna find the law on anticompetitive behavior?

A)Arizona Revised Statutes
B)United States Code
C)Tempe city ordinances
D)Uniform Commercial Code

Question 63

What type of law protects general rights, such as religion, property, and free speech?

A)Statutory
B)Executive order
C)Constitutional
D)Private

Question 64

Administrative regulations are promulgated by:

A)Congress.
B)constitutional conventions.
C)administrative agencies.
D)state legislatures.

Question 65

Common law:

A)no longer exists today.
B)began in England.
C)exists only in the United States.
D)was eliminated with the courts of equity.

Question 66

Changes in laws that are made because of changes in technology illustrate which characteristic of law?

A)Consistency
B)Pervasiveness
C)Flexibility
D)Fairness

Question 67

Local ordinances govern issues such as which of these?

A)Curfews
B)Loitering
C)Dog licensing
D)All of these

Question 68

Wexler Corporation has established a new policy on employee e-mails. The policy reads: "All e-mail sent using the company server is the property of the company and is not private. Supervisors and managers shall have the right to review such e-mails. Inasmuch as the company is liable for e-mail content, it reserves the right to review it." The policy:

A)is an example of private law.
B)is an example of statutory law.
C)is an example of constitutional law.
D)is never enforceable.

Question 69

Which of the following is not true regarding constitutional law?

A)Exists at the state and federal levels
B)Establishes government structure
C)Establishes individual rights
D)Can be changed by Congress

Question 70

This means "to let the decision stand" and is used by courts to make consistent judgments.

A)Stare decisis
B)Statutory decisis
C)Substantive decisis
D)Scienter decisis

Question 71

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

A)Custom
B)Treaties
C)Private law
D)Code of Federal Regulations

Question 72

Phil's Corner Mart is a convenience store and gasoline station. A representative from the Environmental Protection Agency (EPA)has just notified Phil that there is some leakage from his underground gasoline storage tanks. The EPA representative explains to Phil that he will be issuing a citation for violation of federal environmental laws and that Phil could be liable for clean-up costs and penalties. Which of the following statements is true?

A)Phil has been charged with a crime.
B)Phil has been charged with violation of a state statute.
C)Phil is facing civil penalties for the violation.
D)The EPA promulgates USC provisions.

Question 73

Which is not an example of private law?

A)Lease on a residential home
B)Lease on a commercial building
C)Zoning ordinances
D)Contract for the sale of a car
E)Employer regulations

Question 74

Criminal laws:

A)carry fines and/or imprisonment penalties.
B)are enforced by individuals.
C)are generally not enforced by government agencies.
D)are the same as private laws.

Question 75

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

A)Lease
B)Employment agreement
C)Ordinance
D)Marriage prenuptial agreement

Question 76

When is precedent not followed?

A)When circumstances have changed
B)When technology has changed
C)When there are changes in the factual circumstances from those in which the precedent was established
D)It is possible that precedent would not be followed in all of the above circumstances.

Question 77

Which of the following is not an example of a law that promotes order?

A)Disclosure statutes for securities sales
B)Curfew
C)Speed limits
D)Trespassing laws

Question 78

The federal statute that carries imprisonment as a penalty for trading securities on inside information is an example of a:

A)private law.
B)civil law.
C)procedural law.
D)criminal law.

Question 79

Anna Elleson has just opened her plumbing business in a small industrial park located within the boundaries of the city of Tempe, Arizona. Upon opening her plumbing business, Anna receives a notice from the landlord that her largest pieces of equipment (backhoes)may not be parked in the parking lot of the industrial park overnight. Anna asks why and the landlord explains that there is a restriction in her lease. The restriction against parking equipment in the complex is:

A)enforceable as a private law.
B)unenforceable unless a city zoning ordinance prohibits such parking.
C)an unconstitutional regulation of private property.
D)unenforceable unless signs are posted.

Question 80

Law is:

A)constant throughout time.
B)defined consistently across cultures.
C)a set of rules governing people and their relationships.
D)derived from the Latin meaning a chaotic state punctuated by sporadic short-lived order.