Deck 3: Caterpillar INC: Sharpening the Claws

Question 1

The third step of the statutory analysis process is divided into six parts.

Answer 1

False

Question 2

Legislative history may be referred to when the meaning of the statute is clear.

Answer 2

False

Question 3

Most criminal law is governed by statutory law rather than by common law.

Answer 3

True

Question 4

The scope section includes the short title and what is specifically covered in the statute.

Question 5

Some statutes provide that the statute is cumulative to the common law.

Question 6

There are several ways to apply or match the facts of the client's case to the elements of the statute.

Question 7

All statutes have definitions sections that define the key terms used in the statute.

Question 8

The second step of the statutory analysis process is divided into two parts.

Question 9

The first step of the statutory analysis process is divided into three parts.

Question 10

"Narrative summary" is a way to match the facts of the client's case with the elements of the statute.

Question 11

Before a statute may be applied to the facts of a client's case, the elements of the statute must be identified.

Question 12

Laws passed by local governing bodies such as a city council are usually referred to as:

A)legislative acts.
B)codes.
C)statutes.
D)ordinances.
E)b and c.

Question 13

The final step of the statutory analysis process requires:

A)application of the elements to the facts of the client's case.
B)a determination of what the statute declares, requires, or prohibits.
C)a determination of whether the statute requires more than one rule or test.
D)location of the applicable statute.
E)none of the above.

Question 14

The Plain Meaning Rule is a canon of construction.

Question 15

The first step of the statutory analysis process requires both the location of all applicable law and a determination of which statute applies.

Question 16

The first step in the statutory analysis process requires:

A)identification of the statutory elements.
B)a determination of which statute applies.
C)a determination of how the statute applies.
D)all of the above.
E)a and b.

Question 17

Ejusdem generis and stare decisis are canons of construction.

Question 18

If the word or is used in a statute, both of the conditions or listed items are required.