Deck 1: Introduction to Law

Question 1

The Constitution provides that federal statutes are paramount to state constitutions and statutes.

Answer 1

True

Question 2

The principle of stare decisis gives stability to our system of jurisprudence.

Answer 2

True

Question 3

The common law system of law uses the inquisitorial system of determining disputes.

Answer 3

False

Question 4

A constitution restricts the powers of the government and specifies the rights and liberties of the people.

Question 5

The law does not change; it is based on unchanging and universal truths.

Question 6

A judge deciding a common law case must, for guidance, look to similar cases previously decided.

Question 7

The common law system is used in most of Europe, Scotland, and Latin America.

Question 8

Since the end of the nineteenth century, case law developed from court opinions has been the primary source of new law and ordered social change in the United States.

Question 9

Rodriguez and Compton asked a court for reformation of their contract based on a mutual mistake.They seek an equitable remedy.

Question 10

Laws passed by Congress are the supreme law of the land in the United States and take precedence over the United States Constitution.

Question 11

The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme Court of the United States.

Question 12

The primary function of the law is to maintain stability in the social, political, and economic system while simultaneously permitting change.

Question 13

American jurists and Supreme Court Justices Oliver Wendell Holmes and Benjamin Cardozo defined law as "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong."

Question 14

Law is an instrument of social control.

Question 15

Under the civil law system, adversaries initiate and conduct litigation.

Question 16

The main categories of the law are (a) substantive and procedural, (b) public and private, and (c) civil and criminal.

Question 17

The United States Constitution establishes the principle of judicial review, which divides the government into three distinct and independent branches: the judicial, executive, and legislative (Congress).

Question 18

Substantive law creates legal rights and duties.

Question 19

The Uniform Commercial Code is a federal law that applies to commercial transactions among the states.

Question 20

The burden of proof in a criminal case is preponderance of the evidence.

Question 21

If conflicts exist, which of the following sources of law would be paramount?

A)A state constitution.
B)A federal administrative rule.
C)A federal court decision.
D)A state statute.

Question 22

Administrative agencies create more legal rules and decide more controversies than all the legislatures and courts combined.

Question 23

Civil law systems, as found in the State of Louisiana and countries such as Scotland, depend on comprehensive legislative enactments.

Question 24

Sources of federal law include all but which of the following?

A)Rules of administrative agencies.
B)Decisions of federal courts.
C)Executive orders of the President.
D)Hearings before the Senate.

Question 25

In the United States, treaties are not subject to judicial review.

Question 26

The business law topics of contracts, agency, property, and trusts are governed primarily by the common law.

Question 27

Once a court has decided a case, the principle of stare decisis precludes correction of erroneous decisions.

Question 28

Decisions of courts of appeal are published in volumes known as "reports" or "reporters."

Question 29

Tate brings an action against Marsheen for damages from trespass to Tate's property.Tate must prove the case by a preponderance of the evidence.

Question 30

What is the supreme law of the land in the United States?

A)Criminal statutes.
B)Treaties.
C)Case law as developed through the U.S.Supreme Court.
D)The U.S.Constitution.

Question 31

Which of the following terms correctly describes the law?

A)Pervasive.
B)Permissive, in some instances.
C)Prohibitory, in all instances.
D)All of the above.
E)Both (a) and (b).

Question 32

A crime is:

A)a private wrong that necessitates litigation between the victim and the perpetrator.
B)any act prohibited by the government or an omission of an act required by public law and made punishable by the government in a judicial proceeding brought by it.
C)litigation where the injured party sues to recover compensation for the damages and injury sustained as a result of the defendant's wrongful conduct.
D)wrongful conduct as set forth in statutes that constitute the supreme law of the land.

Question 33

The terms "law" and "justice" are interchangeable.

Question 34

Which one of the following is NOT true of a suit brought under criminal law?

A)It must be brought by the government.
B)It may be a state or a federal case.
C)Proof of guilt must be "by preponderance of the evidence."
D)Conviction may result in imprisonment.

Question 35

Which of the following is a remedy that can be obtained from a court of equity?

A)A maxim.
B)Specific performance.
C)Money damages.
D)Stare decisis.

Question 36

Glenna has been charged with arson of a storage building.The prosecutor must prove Glenna's guilt:

A)by a preponderance of the evidence.
B)by the greater weight of the evidence.
C)beyond a reasonable doubt.
D)beyond shadow of a doubt.

Question 37

All laws are related to morals, but some moral precepts are not enforced by legal sanctions.

Question 38

The State of Minnesota has been negotiating with the Canadian government on issues involving acid rain and eventually reaches an agreement with Canadian officials.This is a valid treaty under the United States Constitution.

Question 39

The separation of powers involves:

A)the federal judiciary.
B)the Congress.
C)the executive branch.
D)All of the above.

Question 40

Business law is primarily public law.

Question 41

Because of the increasing complexity of the social, economic, and industrial life of the nation, the scope of __________ has expanded enormously.

A)common law
B)administrative law
C)procedural law
D)equity

Question 42

The President of the United States has the authority to issue laws, which are called:

A)Restatements of law.
B)executive orders.
C)maxims.
D)codes.

Question 43

The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies.This is called:

A)judge-made law.
B)case law.
C)common law.
D)All of the above.

Question 44

In reading the title of a case, Smith v.Jones:

A)you can determine that Smith is the plaintiff.
B)you can determine that Jones is the plaintiff.
C)the determination of who is the plaintiff depends on the level of the court at which the case is being heard.
D)it is not always possible to determine from the case title which party is the plaintiff.

Question 45

Which of the following is NOT considered to be an equitable remedy?

A)Specific performance.
B)Injunction.
C)Reformation.
D)Money damages.

Question 46

The common law system is used in:

A)Australia.
B)Latin America.
C)England.
D)(a) and (c) above.

Question 47

The branch of public law that deals with the various regulatory functions and activities of agencies of the government is:

A)criminal law.
B)administrative law.
C)Constitutional law.
D)substantive law.

Question 48

An example of private law is:

A)business law.
B)administrative law.
C)criminal law.
D)All of the above.

Question 49

The __________ are orderly compilations of the general common law of the United States, prepared by a distinguished group of lawyers, judges, and law teachers.

A)statutes of frauds
B)Uniform Commercial Code Articles
C)Maxims
D)Restatements of law

Question 50

A court order requiring that a person do or refrain from doing a particular act is known as a(n):

A)injunction.
B)maxim.
C)statute.
D)executive order.

Question 51

The three distinct and independent branches of the United States government are:

A)the executive branch, the House of Representatives, and the U.S.Senate.
B)the federal judiciary, the House of Representatives, and the U.S.Senate.
C)the federal judiciary, the Congress, and the executive branch.
D)the state government, the federal government, and local government.

Question 52

A constitution:

A)restricts powers of government.
B)specifically enumerates certain liberties of the people.
C)establishes governmental structure.
D)All of the above.

Question 53

The person who files or commences a civil lawsuit is the:

A)plaintiff.
B)defendant.
C)prosecuting attorney.
D)attorney general.

Question 54

The sources of law in the American legal system include:

A)state administrative orders.
B)executive orders.
C)ordinances.
D)All of the above.
E)(a) and (c), but not (b) or (d)

Question 55

The decision of an equity court is called a(n):

A)judgment.
B)decree.
C)stare decisis.
D)injunction.

Question 56

Which of the following is/are characteristic(s) of a common law legal system?

A)A common law system relies heavily on the adversary method for handling disputes.
B)A common law system relies heavily on inquisitorial method for settling disputes.
C)A common law system relies heavily on comprehensive statutes called codes.
D)Both (a) and (c) are characteristics of common law systems.

Question 57

The source of law best suited to making drastic or comprehensive change is:

A)common law.
B)the federal court system.
C)statutes.
D)state court decisions.

Question 58

The National Conference of Commissioners on Uniform State Laws:

A)was created by President Bill Clinton to study and report on the Uniform Commercial Code.
B)is another name for the American Law Institute.
C)has drafted only five uniform laws: the UCC, the Uniform Partnership Act, the Uniform Limited Partnership Act, the Uniform Probate Code, and the Model Business Corporation Act.
D)has drafted over 200 uniform laws.

Question 59

Which of the following is a true statement?

A)A treaty signed by the president and approved by the Senate has the legal force of a federal statute.
B)A federal statute may supersede a prior treaty.
C)Both (a) and (b).
D)Neither (a) nor (b).

Question 60

In which of the following ways does a state constitution differ from the U.S.Constitution?

A)State constitutions are often more restrictive of rights than the U.S.Constitution.
B)A state constitution can guarantee rights beyond those provided in the U.S.Constitution.
C)A state constitution is generally amended less frequently than the U.S.Constitution.
D)State constitutions tend to be more general than the U.S.Constitution.

Question 61

What is stare decisis? Discuss its role in the American legal system.

Question 62

Identify three essential functions of law.

Question 63

The doctrine of stare decisis means that:

A)the common law has not been able to evolve in a stable and predictable manner.
B)decisions can be overruled.
C)courts adhere to and rely on rules of law that they or superior courts relied on in similar decisions.
D)courts are not allowed to correct erroneous decisions or to choose among conflicting precedents.

Question 64

The category of law that creates, defines, and regulates legal rights and obligations is known as:

A)substantive law.
B)procedural law.
C)Constitutional law.
D)criminal law.

Question 65

The party who files an appeal is the:

A)plaintiff.
B)appellant.
C)appellee.
D)defendant.

Question 66

Discuss the concepts of "right" and "duty" under the law.

Question 67

You have just been asked to serve as a host for a visitor from France who is very interested in the American legal system and the formation of law in the United States.How would you explain the system of law in this country to your guest?

Question 68

Characteristics of a common law system include which of the following?

A)A common law system relies heavily on comprehensive legislative enactments and an inquisitorial system of determining disputes.
B)In a common law system, the judiciary initiates litigation, investigates pertinent facts, and conducts the presentation of evidence.
C)The common law system prevails in most of Europe and Scotland.
D)A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.

Question 69

Which of the following is correct regarding the decisions of state trial courts?

A)They are generally not reported.
B)They are reported in regional reports.
C)They are reported in state court reports.
D)They are binding upon lower courts based upon the principle of stare decisis.

Question 70

What are the various kinds or sources of American law? Discuss how these various types of law interrelate to form the system of law in the United States.

Question 71

What is law? Discuss the various definitions of law by legal scholars.What is the relationship between law and morality and between law and justice?

Question 72

In the common law system of the United States, the reported opinion in a case provides what specific information that can be used to understand and apply legal analysis:

Question 73

Explain how the terms civil law and civil law system differ.

Question 74

Which of the following is not ordinarily a part of a reported opinion?

A)The essential facts.
B)The names of the attorneys representing the parties.
C)What pleadings are material to the issues.
D)The application of legal principles involved in the case.

Question 75

A decision of an appeals court in Minnesota would be recorded in the:

A)state's statutory code.
B)Minnesota administrative code.
C)North Western regional reporter.
D)Federal Supplement.

Question 76

The __________ is composed of a distinguished group of lawyers, judges, and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States."

A)New York City Bar
B)American Law Institute
C)National Conference of Commissioners on Uniform State Laws
D)National Reporter System

Question 77

Which of the following is correct regarding the English courts of equity?

A)They were presided over by a chancellor.
B)They could only award money damages.
C)They could issue a decree ordering a defendant to do or to refrain from doing a specific act.
D)Both (a) and (c) are correct.

Question 78

Which of the following is correct with regard to treaties in the United States legal system?

A)They have no legal effect.
B)Under the U.S.Constitution, they must be signed by the President and approved by the U.S.Senate.
C)They have no effect on business law.
D)They must be approved by the states before they have the force of law.