Deck 1: Introduction to Law

Question 1

Hasbro,Inc.,the trademark owner of "Candy Land," sought a court injunction to stop Internet Entertainment Group,LTD from using the domain name,"candyland.com." Internet Entertainment Group had established a sexually explicit site at the domain name.An injunction can only be issued by:

A)a jury.
B)a judge exercising equitable powers.
C)an executive order.
D)a subpoena.

Answer 1

B

Question 2

The law of which country provided the roots for U.S.law?

A)France.
B)Germany.
C)Canada.
D)England.

Answer 2

D

Question 3

An executive order may be issued by Congress.

Answer 3

False

Question 4

The treaty known as the North American Free Trade Agreement could only become law in the United States after being ratified by the U.S.Senate.

Question 5

If Jack sues Leslie for negligently hitting his car while parking hers in a public parking ramp,it is a matter of public law.

Question 6

The legislature of the state of Iowa passed a law modifying the rules governing child custody< This law is:

A)a statute.
B)an executive order.
C)an equitable remedy.
D)a federal rule.

Question 7

The three branches of government in the United States are:

A)the executive, legislative, and administrative.
B)the executive, legislative, and statutory.
C)the executive, legislative, and judicial.
D)the executive, legislative, and international.

Question 8

Hasbro,Inc.,the trademark owner of "Candy Land," sought a court injunction to prevent Internet Entertainment Group,LTD from using the domain name,"candyland.com." A jury will decide whether Hasbro is entitled to this remedy.

Question 9

Common law is a body of cases decided by courts.

Question 10

Sandra sued her employer,Cape Inc.,claiming that she was sexually harassed on the job.This is a criminal lawsuit.

Question 11

In 1994,the Arizona Supreme Court decided the case of Hernandez v.Arizona Board of Regents and found a duty of care to avoid furnishing alcohol to underage consumers.If in 2008 a Flagstaff,Arizona plaintiff brings a lawsuit against an Arizona university's fraternity for providing alcohol to members under the legal drinking age,the Hernandez v.Arizona Board of Regents case will serve as precedent.

Question 12

Common law refers to:

A)law that is the same or similar in all the states.
B)law made when judges decide cases and then follow those decisions in later cases.
C)law made by legislatures in the form of statutes.
D)the legal systems of France, Germany, and Italy.

Question 13

At Nick's request,a court issued an injunction to prevent Heather from publishing a book he claims is defamatory.This is an equitable remedy.

Question 14

In the case of Panavision Int'l v.Toeppen,the Ninth Circuit Court of Appeals affirmed the district court's decision.This means that the Ninth Circuit approved the district court's decision and upheld the outcome in the case.

Question 15

The Constitution ensures that the states retain all power not given to the national government.

Question 16

Congress passed a law imposing penalties for displaying "indecent" material online where children could see it.If the U.S.Supreme Court subsequently rules that the statute conflicts with the First Amendment of the U.S.Constitution,the statute is void.

Question 17

The statement that whatever the sovereign declares to be the law is the law,whether it is right or wrong,is an example of legal realism.

Question 18

A case citation that reads: Kuehn v.Pub Zone,364 N.J.Super.301 (2003)indicates that the case may be found in the 364th volume of the New Jersey Superior Court reporter,starting at page 301.

Question 19

Congress has the sole responsibility for creating statutory law.

Question 20

Henry slipped on a leaf of lettuce while shopping at Joe's Market.Henry can sue Joe in civil court.

Question 21

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law,but who enforces the law and by what process?

A)Legal positivism.
B)Natural law.
C)Legal realism.
D)Sovereign selection.

Question 22

The doctrine of stare decisis applies to:

A)Congress.
B)state legislatures.
C)courts.
D)all of the above.

Question 23

In 1998,the President of the United States and other world leaders signed an agreement on global warming called the Kyoto Protocol.Subsequently,the Senate was asked to ratify the agreement.The Kyoto Protocol is:

A)an executive order.
B)a statute.
C)an administrative law.
D)a treaty.

Question 24

The doctrine that requires a judge to decide a case based on previous rulings has its roots in:

A)the English common law.
B)English equitable remedies.
C)the US Constitution.
D)the civil law tradition.

Question 25

A rule that establishes how a juror may be refused is a rule of:

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

Question 26

When the Food and Drug Administration allows a certain drug from being marketed in the United States,this is:

A)public law.
B)common law.
C)private law.
D)an executive order.

Question 27

The doctrine of stare decisis ensures:

A)predictability.
B)consistency.
C)fairness.
D)all of the above.

Question 28

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico.Thoreau felt that there was a higher law than the law of the land.Which theory of jurisprudence was he applying?

A)Legal Positivism.
B)Natural Law.
C)Legal Realism.
D)Common Law.

Question 29

Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities.The Securities Exchange Act of 1934 was passed a year later.This law created the Securities and Exchange Commission (SEC)as an independent regulatory entity whose function is to administer the two laws.The SEC has generated rules and regulations to administer these acts.These rules and regulations are:

A)statutes.
B)administrative law.
C)executive orders.
D)common law.

Question 30

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico.If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax,the neighbor would be applying the jurisprudence theory of:

A)Legal Positivism.
B)Natural Law.
C)Legal Realism.
D)Common Law.

Question 31

Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note.The trial ended before it began,with the trial judge granting a motion for summary judgment in favor of Curtis.Ulhoff has appealed,and the Supreme Court of Iowa has remanded the case.This means:

A)Curtis automatically wins because he won in the lower court.
B)Ulhoff automatically wins because he lost in the lower court.
C)Neither party wins because the case is being thrown out.
D)We don't know who wins yet because the case is being returned to the trial court for additional steps.

Question 32

The Governor of Minnesota is part of the state's:

A)federal branch.
B)judicial branch.
C)legislative branch.
D)executive branch.

Question 33

The federal judicial branch of the U.S.government:

A)interprets statutes.
B)passes statutes.
C)issues executive orders.
D)creates administrative agencies.

Question 34

If the title of an appellate court case appears as Jones v.Smith:

A)Jones is the plaintiff and Smith is the defendant.
B)Smith won the trial court decision.
C)you cannot determine 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 Jones and the appellate judge is Smith.

Question 35

Which of the following would be an example of a civil lawsuit?

A)George is being prosecuted for bank fraud.
B)The government has initiated an action against Jeff for operating a motor vehicle under the influence of alcohol.
C)Gretta hit Rita in a bar during happy hour.Rita is now suing for her injuries.
D)The district attorney is bringing Ali to court for violating the city's keg ordinance.

Question 36

President Nixon issued wage-price controls in an effort to stabilize the economy.This use of executive power was:

A)an illegal usurption of legislative powers which belong to the Congress.
B)a valid use of power, known as an executive order.
C)a valid use of power creating a treaty.
D)an illegal usurption of the regulatory powers of administrative agencies.

Question 37

The notion of civil disobedience is founded on what principle?

A)Legal Positivism.
B)Natural Law.
C)Legal Realism.
D)Foreseeability.

Question 38

Tony raped Jane in the parking lot of Joe's Brew Pub.The District Attorney's office prosecuted Tony on rape charges.Subsequently,Jane filed a lawsuit against Tony for money damages.Classify each legal action.

A)The District Attorney's case was a criminal case; Jane's lawsuit was a civil case.
B)The District Attorney's case was a civil case.Jane's lawsuit was a criminal case.
C)Both cases are criminal.
D)Both cases are civil.

Question 39

Which of the following statements about treaties is true:

A)they must be approved by the Supreme Court.
B)they must be ratified by Congress.
C)they are not binding upon citizens.
D)all of the above.

Question 40

In 1992,the North Carolina Supreme Court ruled in a case entitled Goodman v.Wenco Foods,Inc.,that when a substance in food causes injury to a consumer of the food,it is not a bar to recovery against the seller that the substance was natural to the food.If,in a 2008 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder,the court followed the decision in Goodman v.Wenco Foods,Inc.,the court's action in the second case is an example of:

A)stare decisis.
B)statutory law.
C)public law.
D)criminal law.

Question 41

Explain the origins of equity and its place in contemporary American law.

Question 42

Mark,Leslie,and Dave were stranded on a mountainside after their plane went down in a snow storm.They had no means of radio communication and virtually no food or other supplies.After 18 days,Mark and Leslie killed Dave,the weakest survivor.Mark and Leslie ate Dave.This allowed them to survive until they were rescued.After they were rescued,they were charged with premeditated first degree murder under the relevant state statute.Discuss the three schools of jurisprudence and how each would influence a finding of guilt or innocence for the three charged.

Question 43

Identify and explain the parts of the following case name: Palsgraf v.Long Island Railroad Co.,248 N.Y.339,162 N.E.99,New York Court of Appeals.

Question 44

Melissa filed a lawsuit against Platinum Auto,an auto body shop,for the sloppy paint job it did on her 2004 car.Once the lawsuit was filed with the appropriate clerk of court,Melissa personally dropped a copy of the lawsuit in the mail.Platinum Auto says it never received notice of the lawsuit.Local court rules require that a lawsuit be served by an independent process server or by the sheriff's department.Is this an example of substantive law or procedural law? Explain the difference.

Question 45

Identify and discuss the primary sources of contemporary U.S.law.