Deck 1: The Nature and Sources of Law

Question 1

Rights guaranteed in the United States Constitution are not accompanied by duties.

Answer 1

False

Question 2

Court decisions and statutes can take away rights created by the United States Constitution.

Answer 2

False

Question 3

Statutes are the only source of law.

Answer 3

False

Question 4

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.

Question 5

In addition to state legislatures and the United States Congress, all cities, counties, and other governmental subdivisions have some power to adopt ordinances within their sphere of operation.

Question 6

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

Question 7

The right to be secure against unreasonable searches and seizures conducted by the police is guaranteed by state statute.

Question 8

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

Question 9

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

Question 10

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

Question 11

Several layers of law are enacted at different levels of government to provide the framework for business and personal rights and duties. At the base of this framework of laws is constitutional law.

Question 12

The private life of a nonpublic citizen is subject to public scrutiny.

Question 13

The right of privacy does not apply to intrusions into our privacy by means of new technology.

Question 14

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

Question 15

Administrative regulations are a type of law.

Question 16

Within each state in the United States, only one constitution is in force.

Question 17

State legislatures, not Congress, enact statutory law.

Question 18

Rights always stand alone, without any duties.

Question 19

The law works to cause our society to operate in an inefficient manner.

Question 20

The United States Constitution provides that we have a right to be free from intrusions by others.

Question 21

In the United States today, we generally have one law court and one equity court.

Question 22

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

Question 23

Sheriff Jane 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 24

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

Question 25

Our rights flow from:

A) the Constitution.
B) federal statutes.
C) city ordinances.
D) all of the above.

Question 26

Substantive law creates rights and duties.

Question 27

Courts can create law.

Question 28

Uniform State Law generally is not applicable to business.

Question 29

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) none of the above.

Question 30

Law consists of:

A) principles that govern conduct.
B) mere guidelines.
C) arbitrary rules.
D) none of the above.

Question 31

A right is defined as:

A) an obligation.
B) a legal capacity to require another party to perform.
C) any written promise.
D) none of the above.

Question 32

Administrative regulations generally do not have the force of a statute.

Question 33

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

Question 34

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 35

The law could best be described as:

A) only statutory in nature.
B) only the creation of our courts.
C) a multitude of rights and corresponding duties.
D) none of the above.

Question 36

Individual rights guaranteed in the United States Constitution:

A) have no accompanying duties.
B) apply only to a small number of individuals.
C) are subject to state legislative laws.
D) generally have accompanying duties.

Question 37

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 38

Law may be classified in terms of principles of law and principles of equity.

Question 39

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 40

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

Question 41

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

A) business.
B) foreign countries.
C) criminal behavior.
D) none of the above.

Question 42

Legal principles expressed for the first time in court decisions are called:

A) statutory law.
B) stare decisis.
C) common law.
D) precedent.

Question 43

Technology:

A) has not created situations that require the application of new rules of law.
B) has indeed created situations that require the application of new rules of law.
C) has done away with the right of privacy.
D) has made it easier to identify when one's privacy has been invaded.

Question 44

Administrative regulations:

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

Question 45

Several layers of law are enacted at different levels of government to provide the framework for business and personal rights and duties. At the base of this framework of laws is/are:

A) statutory law.
B) case law.
C) constitutional law.
D) all of the above.

Question 46

Statutory law is created by:

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

Question 47

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

Question 48

Interpretations of aspects of the right to privacy are often found in:

A) statutes.
B) customs.
C) societal guidelines.
D) none of the above.

Question 49

Uniform State Laws are used as a basis for laws by which of the following entities?

A) Congress
B) international trade associations
C) state legislatures
D) local governmental entities

Question 50

____ is a body of principles that establishes the structure of a government and the relationship of that government to the people.

A) A constitution
B) State statute
C) Stare decisis
D) The common law

Question 51

Sources of American law include:

A) state constitutions.
B) statutes enacted by state legislatures.
C) court decisions.
D) all of the above.

Question 52

The right to privacy applies to protect you from unreasonable searches:

A) to you personally.
B) to your home.
C) to your business.
D) all of the above.

Question 53

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 54

Laws can be classified in terms of:

A) Roman and English law.
B) substantive and procedural law.
C) law and equity.
D) all of the above.

Question 55

Substantive law:

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

Question 56

Your private life is protected from intrusions by other people by:

A) the Fourth Amendment of the United States Constitution.
B) the Equal Protection Clause.
C) court decisions of the United States Supreme Court.
D) local ordinance.