Deck 1: Law, Legal Reasoning, and the Legal Profession

Question 1

The Civil Rights Act of 1964 is an example of substantive law.

Answer 1

True

Question 2

Statutory law varies from state to state.

Answer 2

True

Question 3

Substantive law comprises rules as to what cases a court can decide,how a trial is conducted,and how a judgment by a court is to be enforced.

Answer 3

False

Question 4

The Constitution's commerce clause allows the President to regulate interstate and foreign commerce.

Question 5

Where there is a conflict between state laws and federal laws,state laws will prevail since they better understand the immediate needs of their citizens.

Question 6

Under the notion of federalism,the United States is composed of 51 different legal systems.

Question 7

One distinction between civil law and criminal law is:

A)civil law can be created only by statute.
B)criminal law is completely procedural.
C)criminal law is concerned with breaches of duty to society at large.
D)the U.S.Constitution does not apply to civil lawsuits.

Question 8

The highest appeals court in a jurisdiction cannot overrule a precedent case.

Question 9

Law must be predictable yet flexible enough to accommodate change.

Question 10

By involving a lawyer in the business-planning process,a desired business objective can be reached with less legal risk.

Question 11

Each state has a constitution that is similar to the U.S.Constitution in the design of the government it provides.

Question 12

Civil law arises when courts are called upon to resolve disputes for which there is no statute or other sources of law to establish rules.

Question 13

Most courts refer to a statute's legislative history when the language is unclear.

Question 14

Which of the following is an example of procedural law?

A)Receiving food stamps
B)Rules as to how a court's decision is to be enforced
C)The right of self-defense
D)The freedom of speech granted by the U.S.Constitution

Question 15

Procedural law establishes rights and privileges.

Question 16

The freedom of speech granted by the U.S.Constitution is an example of:

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

Question 17

The doctrine that says a court,in making a decision,must follow precedents of prior cases is called the ex post facto rule.

Question 18

The law that seeks to prevent certain practices that might reduce competition and thus increase prices is:

A)tax law.
B)consumer law.
C)antitrust law.
D)contract law.

Question 19

Unlike legal positivists,legal sociologists stress the need for law to change and keep pace with the evolution of society.

Question 20

If a person carelessly runs a car into yours,the person has committed:

A)civil tort of negligence.
B)substantive tort of negligence.
C)criminal tort of negligence.
D)procedural tort of negligence.

Question 21

Common law arises when:

A)courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule.
B)constitutional statutes are found to interfere with the freedom of expression.
C)there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law.
D)the government wishes to encourage certain kinds of investments.

Question 22

Under the power of judicial review:

A)a judge may render a legal rule unenforceable by declaring it in conflict with a constitution.
B)lower courts may decide that higher court decisions are not valid.
C)courts make law by drafting new statutes.
D)the court may override the acts of the Constitution.

Question 23

Legislation enacted by governmental units smaller than a state (cities and towns)is called:

A)common law.
B)an administrative regulation.
C)an ordinance.
D)a treaty.

Question 24

Stare decisis:

A)renders law rigid and unchanging.
B)lends predictability to decisional law by relying on prior decisions.
C)makes the law unadaptable because the rule from a precedent case is applied selectively.
D)creates harsh results by refusing to recognize equitable exceptions.

Question 25

A useful tool for understanding and persuading that combines basic analytical thinking with recognition of the special features of the underlying legal system is:

A)sociological jurisprudence.
B)legal positivism.
C)legal reasoning.
D)analytical reasoning.

Question 26

Which of the following statements is true of an independent agency?

A)Independent agencies are headed by the president.
B)Independent agencies are a part of the executive branch of the government.
C)Independent agencies are headed by a board or commission.
D)Independent agencies are given authority only to enforce rules made by the Congress.

Question 27

According to attorney-client privilege:

A)the privilege does not apply until the attorney is actually retained by a client.
B)an attorney is allowed to divulge confidential information communicated to the lawyer by a client in the course of seeking legal advice.
C)a client must feel free to speak fully and honestly with his attorney if the judicial system is to function effectively.
D)the privilege covers statements made in the presence of people other than the attorney or the attorney's subordinates.

Question 28

Under private law:

A)persons may create legally-binding agreements through their power to contract.
B)persons may enter into contracts,but the contracts will not be upheld in court.
C)persons may create their own rules when there is no prior statute.
D)persons may make their own rules only after studying practice of similar precedents.

Question 29

Lee was charged with public intoxication.Shortly after being charged with the offense,he wrote a letter to his attorney explaining the circumstances surrounding his arrest.The letter is considered:

A)privileged communication under the work-product privilege.
B)privileged communication under the attorney-client privilege.
C)privileged communication under legal positivism.
D)privileged communication under legal realism.

Question 30

Which of the following is true of the operation of stare decisis?

A)The lawyer or judge can only state narrowly,the rule to be applied from the precedent cases.
B)A legislature cannot override stare decisis and change a common law rule by enacting a statute.
C)The highest appeals court in a jurisdiction cannot overrule a precedent case.
D)A court has considerable freedom in picking precedent cases.

Question 31

If the behavior of someone who commits a tort is outrageous,that person can be made to pay compensatory and:

A)special damages.
B)punitive damages.
C)liquidated damages.
D)nominal damages.

Question 32

The constitutional prohibition of ex post facto laws:

A)applies to statutory law.
B)aims to minimize the possibility of failure if the business has to go to court to enforce its rights.
C)applies to common law.
D)gives lawyers a great deal of discretion in selecting an appropriate strategy for handling a legal dispute.

Question 33

Local legislation regulating zoning and noise levels are examples of:

A)ordinances.
B)treaties.
C)administrative rules.
D)administrative decisions.

Question 34

The adversary system is characterized by:

A)the idea that ultimate truth and justice will prevail if each party to a dispute is represented by competent attorneys providing the strongest possible representation.
B)the minimal role played by lawyers.
C)the unconditional free reign granted to judges.
D)the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak with his attorney.

Question 35

Sociological jurisprudence maintains that:

A)statutes should be interpreted based on their plain meaning.
B)courts must look beyond the plain meaning of a statute to consider the law's legislative purpose.
C)courts should not consider the legislative purpose as well as their perceptions of the prevailing public policies in interpreting statutes.
D)the law is the command of legitimate political institutions and must be enforced to the letter.

Question 36

Natural law thinkers believe that:

A)law and morality are inseparable.
B)there is no law superior to that promulgated by political institutions.
C)all laws should have an environmental focus.
D)natural law provides the level of predictability attained by legal positivism.

Question 37

They believe that decisions are often more attributable to the biases and moods of decision makers than they are to the formal legal rules that are supposed to determine the outcome.

A)Legal realists
B)Legal positivists
C)Legal sociologists
D)Natural law thinkers

Question 38

A treaty becomes "the supreme law of the land" when:

A)it lends predictability to decisional law by relying on prior decisions.
B)it is an agreement made by the president with a foreign government and two-thirds of the Senate ratifies it.
C)it establishes rules that govern certain kinds of activities,such as the use of automobiles on highways.
D)it adds details to the government framework by establishing a regulatory agency.

Question 39

Legal positivists:

A)believe that law should be shaped by public policy and morality.
B)confine their legal analysis to the plain meaning of the words.
C)believe that law must always look to equitable exceptions to the law on the books.
D)consider public policy and their own sense of morality when interpreting the law.

Question 40

A feature of decisional law in common law systems which says that,a court,in making a decision,should follow the rulings of prior cases that have similar facts is:

A)caveat emptor.
B)ex post facto laws.
C)stare decisis.
D)contra proferentem.

Question 41

When a lawyer agrees to represent a client,the lawyer agrees to:

A)the reality that he will be liable for malpractice if he loses the case.
B)exercise the skill,prudence and diligence expected of lawyers of ordinary skill and competence in the community.
C)the probability that a court will likely second-guess the legal strategy he chooses to use in representing his client.
D)the reality that the courts are likely to second-guess his professional judgment.

Question 42

List the four basic functions of law.

Question 43

The work product privilege:

A)prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice.
B)covers information divulged to an attorney's subordinates (secretaries or paralegals).
C)considers a lawyer to be an officer of the court who is bound to work for the advancement of justice while faithfully protecting the rightful interests of his clients.
D)is derived from the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak fully and honestly with his attorney.

Question 44

The use of lawyers by business managers to help them plan avoidance of business emergencies and to help them comply with the rapidly growing mass of legal rules imposed on business operations by government bodies is called as:

A)common law.
B)preventive law.
C)criminal law.
D)substantive law.

Question 45

Define the three steps involved in applying stare decisis.

Question 46

Describe the difference between criminal and civil law and the penalties that accompany violations of each.

Question 47

Describe the four steps in the process of legal interpretation.

Question 48

In addition to statements made to an attorney,the attorney-client privilege covers:

A)information divulged to an attorney's subordinates,such as secretaries or paralegals.
B)statements made in the presence of people other than the lawyer.
C)statements made to a law-enforcement officer.
D)information divulged in the presence of people other than the lawyer's subordinates.

Question 49

List the three ways in which courts make law.

Question 50

In the business world,the goal of preventative law is to increase profits by:

A)imposing higher inheritance and income taxes on wealthy people.
B)avoiding losses through fines and damage judgments.
C)involving the client in the business-planning process.
D)creating unenforceable contracts.