Deck 1: The Nature and Sources of Law

Question 1

A constitution is a body of principles that establishes the structure of a government and the relationship of that government to the people who are governed.

Answer 1

True

Question 2

Although laws are enacted at different levels of government to provide the framework for business and personal rights and duties, the framework for this legal system is constitutional law.

Answer 2

True

Question 3

Court decisions and statutes can take away rights created by the U.S. Constitution.

Answer 3

False

Question 4

All cities, counties, and other governmental subdivisions have basic powers to adopt ordinances, such as traffic and zoning laws, within their sphere of operation.

Question 5

The pattern of rules that society establishes to control the conduct of individuals in their relationships is called law.

Question 6

The U.S. Supreme Court has held that the right of privacy does not apply to intrusions into our privacy by means of new technology.

Question 7

Procedural law specifies the steps that must be followed in enforcing those rights and liabilities.

Question 8

Criminal laws carry damage penalties for a wronged individual.

Question 9

One advantage of our current legal system is that the growth of technology has not created many new laws.

Question 10

Law is often defined as the body of principles that courts or administrative agencies will enforce.

Question 11

One of our most important rights is the right of privacy.

Question 12

Rights always stand alone, without any duties.

Question 13

The law often works to cause our society to operate in a very inefficient manner.

Question 14

Statutory law includes U.S. Supreme Court opinions.

Question 15

The U.S. Constitution provides that we have a right to be free from unreasonable intrusions by others.

Question 16

The private life of an ordinary citizen is subject to strict scrutiny.

Question 17

Within each state in the United States, only the U.S. Constitution is in force.

Question 18

Jane asserts she has a legal right. Jane is really saying she has an obligation to perform or refrain from performing an act.

Question 19

The right to be secure against unreasonable searches and seizures conducted by the police is guaranteed by the Fifth Amendment of the U.S. Constitution

Question 20

Rights guaranteed in the U.S. Constitution are accompanied by duties.

Question 21

The Securities Exchange Commission creates

A) case precedent.
B) statutory law.
C) Constitutional law.
D) administrative regulations.

Question 22

A right is an obligation of law imposed on a person to perform or refrain from performing a certain act.

Question 23

Law is:

A) a body of religious principles held by all members of society.
B) a body of principles that society establishes to keep things running smoothly.
C) always the result of case-law decisions.
D) derived solely from the United States Constitution.

Question 24

Those uniform state laws that have been adopted by individual states were first written by Congress.

Question 25

The group of time-honored rules that courts have used to solve similar problems for decades is called precedent.

Question 26

The Uniform Commercial Code is a good example of uniform state laws.

Question 27

Law consists of:

A) principles that govern conduct.
B) mere guidelines.
C) arbitrary rules.
D) traditions.

Question 28

Civil laws define wrongs against society.

Question 29

Our rights flow from all the following sources except:

A) the Constitution.
B) federal statutes.
C) city ordinances.
D) ethical values.

Question 30

The common law are court-enforced unwritten principles originally based on the usages and customs of the community.

Question 31

Administrative regulations generally do not have the force of law.

Question 32

A right can exist:

A) by itself.
B) only if created by a court.
C) only if there is a corresponding duty.
D) only under local law.

Question 33

Treaties made by the United States are not deemed part of the law.

Question 34

Individuals can create their own private law when they contract among themselves.

Question 35

The law could best be described as:

A) only statutory in nature.
B) only the creation of our courts.
C) a collection or bundle of rights.
D) a bundle of political choices.

Question 36

Procedural law creates legal rights and duties.

Question 37

When a court decides a new question or problem, the decision is called a stare decisis.

Question 38

A party may ask for legal, but not equitable, remedies in a single court.

Question 39

A right is defined as:

A) an obligation of law imposed to perform an act.
B) a legal capacity to require another party to perform an action.
C) any written promise.
D) -a political power to do the right thing.

Question 40

Equity provides justice when the law is inadequate.

Question 41

A ______ is a legal principle expressed for the first time in court decision.

A) statutory law
B) stare decisis
C) case law
D) precedent

Question 42

The right of privacy consists of:

A) the right to be secure against unreasonable searches by the government only.
B) the right to protection against intrusions by others only.
C) both the right to be secure against unreasonable searches by the government and the right to protection against intrusions by others.
D) the right to be secure against warrantless searches only.

Question 43

_______ law creates, defines, and regulates rights and liabilities.

A) Statutory
B) Constitutional
C) Substantive
D) Procedural

Question 44

A good example of a uniform state law would be:

A) statutory law.
B) case law.
C) constitutional law.
D) the Uniform Commercial Code.

Question 45

______ is a body of law that provides justice when the law does not offer an adequate remedy.

A) Ethics
B) Regulations
C) Equity
D) Statutes.

Question 46

Suppose Jack signs a contract to purchase a home from Jill, but Jill later refuses to transfer title to the home to Jack. Jack could force Jill to transfer title to the home by asking a court for an order of ________

A) injunctive law.
B) specific performance.
C) legal damages.
D) substantive law.

Question 47

Substantive law:

A) specifies the steps to follow to enforce legal rights.
B) concerns equitable relief only.
C) creates, defines, and regulates rights and liabilities.
D) draws solely on English legal principles.

Question 48

A new state law mandates that all employers must prohibit smoking on employer premises. The law further provides that any employer who allows an employee or a client/ customer to smoke on its premises is subject to a court order requiring the employer to enforce the law. Describe this statute in terms of all possible classification methods.

Question 49

Suppose Sheriff Roland desires to search your home. What law requires that the sheriff obtain a search warrant?

A) the Fourth Amendment of the United States Constitution
B) the Equal Protection Clause
C) state statute
D) local uniform police ordinances

Question 50

Rights guaranteed in the United States Constitution:

A) cannot be taken away by statutes or court decisions.
B) can be taken away by statutes.
C) can be taken away by court decisions.
D) can be taken away by local ordinances.

Question 51

Criminal laws:

A) define wrongs against society.
B) define the rights of one person against another.
C) carry damage remedies against the wronged individual.
D) are punished by individuals who have been wronged.

Question 52

Statutes which are drafted from Uniform State Laws are often used to regulate:

A) business.
B) foreign countries.
C) criminal behavior.
D) personal family matters.

Question 53

The right to privacy applies to protect you from unreasonable searches in all of the following scenarios except:

A) to you personally.
B) to your home.
C) to your business.
D) in the commission of a crime.

Question 54

Administrative regulations:

A) are essentially industry advisories.
B) are case-law precedents.
C) generally have the force of statute.
D) are Constitutional principles.

Question 55

The Uniform Partnership Act is a good example of a(n):

A) Congressional statute.
B) substantive law.
C) uniform state law.
D) procedural law.

Question 56

If your home or business is searched unlawfully, any items obtained during that unlawful search could be excluded as evidence in a criminal trial because of the ________.

A) Fourth Amendment's exclusionary rule
B) Constitutional common law
C) Fifth Amendment's right to privacy
D) common law

Question 57

The right to privacy means that individuals

A) cannot gossip about each other
B) cannot be lawfully searched.
C) can yell "Fire" in a crowded theater.
D) are protected against intrusions by others.

Question 58

If a court issues an injunction, the court would be ordering a(n) ________.

A) equitable remedy
B) legal remedy.
C) private remedy.
D) order of equitable damages.

Question 59

Statutory law can be created by all of the following except:

A) Congress.
B) state legislatures.
C) local governments.
D) by the courts.

Question 60

Jacob just won the state lottery. Discuss his right to privacy.