Deck 1: The Nature of Law

Question 1

Which of the following is also called "judge made law"?

A) Common law
B) Statutes
C) Uniform acts
D) Equity

Answer 1

A
Explanation: The common law (also called judge made law or case law)is law made and applied by judges as they decide cases not governed by statutes or other types of law.

Question 2

The U.S.Constitution recognizes the states' power to make law in certain areas.

Answer 2

True
Explanation: The U.S.Constitution structures the relationship between the federal government and the states around the system of federalism,recognizing the states' power to make law in certain areas.

Question 3

It is unimportant for the court,whether the interpretation of a statute is consistent with the legislative purpose;it is the actual language (plain or ambiguous)of the statute that needs to be studied.

Answer 3

False
Explanation: In case the language of a statute is ambiguous,courts may go to its legislative history.In this,the courts study whether the interpretation of the statute is consistent with its legislative purpose.

Question 4

The Critical Legal Studies movement regards the law as the product of political calculation and longstanding bias of lawmakers.

Question 5

In case of a dispute between the common law and a precedent that has been properly distinguished,the common law prevails.

Question 6

The doctrine of standing to sue requires that,in order to be able to mount a civil suit,a plaintiff must have some direct and considerable stake in the outcome of the suit.

Question 7

The Restatements are considered binding laws and are promulgated by the American Law Institute.

Question 8

What is a statute?

A) Laws made and applied by judges
B) Laws made by Congress or a state legislature
C) Laws made by administrative agencies
D) Laws made by the federal judiciary

Question 9

Common law is a state law and only state courts can apply it.

Question 10

Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars;they become law only after legislature enacts them.

Question 11

_____ are model statutes drafted by private bodies of lawyers and scholars.

A) Precedents
B) Uniform acts
C) Ordinances
D) Equitable remedies

Question 12

Though formal natural law defense is not recognized in court,judges may take natural law oriented views while interpreting statutes.

Question 13

State and federal declaratory judgment statutes do not allow parties to determine their rights and duties when their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.

Question 14

Which of the following is true of Restatements?

A) They are promulgated by courts.
B) They can be adopted as common law by the states.
C) They include only statutory laws.
D) They are law and binding on courts.

Question 15

A State Homicide statute is an example of a substantive law,criminal law,and public law.

Question 16

The doctrine of stare decisis states that like cases should be decided alike.

Question 17

The same behavior will sometimes violate both civil law and the criminal law,and in such a case,both liabilities can be claimed at the same time.

Question 18

A(n)_____ is a cancellation of a contract and a return of the parties to their precontractual position.

A) injunction
B) ordinance
C) rescission
D) restatement

Question 19

American legal realists distinguish between the "law-in-the-books" and the "law in action" and they recognize law as the behavior of public officials (mainly judges)as they deal with matters before the legal system.

Question 20

According to the U.S.Constitution treaties made by the president with foreign governments and approved by two-thirds of the U.S.Senate validate inconsistent state and federal laws.

Question 21

What is substantive law?

A) The laws that govern the rights and duties of people as they act in society.
B) The code of conduct of government bodies.
C) The procedures followed by Congress to make statutes.
D) The procedures followed by state legislatures in creating ordinances.

Question 22

Which of the following is applied in a lawsuit between two private parties?

A) Criminal law
B) Civil law
C) Procedural law
D) Public law

Question 23

Which of the following is a characteristic of legal realists?

A) They define law as that which is codified in the books.
B) They believe in the use of discretionary standards.
C) They believe that the rules in the books-really affect people's lives.
D) They believe that "law is law,just or not."

Question 24

Which of the following covers the rules of contract,and property?

A) Procedural law
B) Private law
C) Criminal law
D) Ordinances

Question 25

One strength of the instrumentalist attitude:

A) is its willingness to adapt the law to further the social good.
B) is that legal validity and moral validity always remain separate.
C) is that the natural law always remains unworkable.
D) is that it views the law as an unchanging rule that deserves obedience.

Question 26

Some legal positivists believe that:

A) an unjust law is not law.
B) the validly of enacted laws should be obeyed,just or not.
C) the law should keep up with changing times.
D) justice is what the judge ate for breakfast.

Question 27

Ordinances are created by:

A) Congress.
B) the Supreme Court.
C) counties.
D) equity courts.

Question 28

Why were equitable remedies developed?

A) Common law rules were too flexible to produce fair results.
B) The remedies available in common law courts were too few.
C) Equitable remedies were rigid rules of law and produced fair results.
D) Common law rules were less technical and rigid.

Question 29

Which of the following has the law and economics movement influenced in judicial opinion?

A) Antitrust law
B) Homicide statutes
C) Discrimination policies
D) Education

Question 30

John is angry because Harry is now dating John's former girlfriend.One day,as John was driving his car,he saw Harry walking by the side of the road.John deliberately swerved and struck Harry with the car.John may be successfully sued under:

A) criminal law only.
B) civil law only.
C) either criminal law or civil law but not both.
D) both criminal law and civil law.

Question 31

According to the principle of _____,treaties are the supreme law of the land.

A) judicial activism
B) separation of powers
C) federalism
D) federal supremacy

Question 32

When a court identifies a meaningful difference between a present and past case,it _____ the earlier decision.

A) interprets
B) implements
C) prioritizes
D) distinguishes

Question 33

Which of the following statements is true of statutes and statutory interpretation?

A) Statutes are easier to interpret than case law.
B) Courts begin their interpretation statues with legislative history.
C) There is deliberate ambiguity in the language of statutes.
D) Statutes are generally interpreted on the

Question 34

Why is sociological jurisprudence seen to resemble natural law?

A) It advocates the separation of law and morality.
B) It stresses on the superiority of lawmakers.
C) It calls for a separation of the judiciary and legislature.
D) Its definition of law includes social values.

Question 35

In which of the following circumstances,under the doctrine of stare decisis,does the common law rule stated in an earlier judgment not apply to a present case?

A) Only when the case concerns a government agency.
B) Only when the court distinguishes the earlier decision.
C) Only when the parties involved jointly appeal to the courts to do so.
D) The doctrine of stare decisis does not allow this kind of a situation.

Question 36

Which of the following defeats a federal statute in case of a clash between them?

A) A state statute
B) A state constitution
C) An equitable principle
D) The U.S.Constitution

Question 37

Which of the following characterizes natural law?

A) It accepts the need for both good and bad laws.
B) It reads constitutional law narrowly.
C) It rejects the separation of law and morality.
D) It opposes the view that law should be guided by a "higher reason."

Question 38

Which of the following is a characteristic of administrative agencies?

A) They derive their power from the Supreme Court.
B) They make ordinances and pass executive orders.
C) They are generally created by a statute.
D) They are elected bodies.

Question 39

The power of executive order normally derives from a(n):

A) legislative delegation.
B) federal court.
C) injunction.
D) restatement.

Question 40

Which of the following is the most important type of equitable remedy provided by the equity courts?

A) Injunction
B) Specific performance remedy
C) Reformation
D) Rescission

Question 41

Henry and Barbara were sharing a Kool-Aid,and they were alarmed to find what seemed to be a plastic object floating inside the drink.Distressed and nauseated,they rushed to the hospital.On a doctor's suggestion,they underwent several tests.In the meantime,in an action for torts,Kool-Aid analysts proved that the object found in the bottle was indeed a sugar mould.Under the given circumstances,will Henry and Barbara get relief for emotional distress in an action for tort,when no damage has occurred?

A) No.Since torts remedy accrues to parties as per the impact rule which states that tort remedy flows from injuries sustained in an impact.There was no injury in this case.
B) No.They should have checked the cold drink before consuming it;the company is hence,not liable.
C) Yes.Damages for emotional distress should be recoverable even in the absence of a physical injury-producing impact.
D) Yes.The company is liable to its consumers because the impact rule does not apply in such a case.

Question 42

Which technique of statutory interpretation was most emphasized (and used)in the Weber case in the text (Problem 2)?

A) The plain meaning rule.
B) Interpreting a statute consistent with its purpose.
C) Following prior interpretations of a statute.
D) Maxims of statutory construction.

Question 43

What do courts begin their interpretation of a clearly worded statute with?

A) Its plain meaning
B) Its legislative history
C) Records of legislative debates
D) Its different amendments

Question 44

The doctrine of standing to sue implies that:

A) the lawsuit must benefit the public in general.
B) the plaintiff have a substantial stake in the litigation.
C) cases must be genuine controversies.
D) courts must not issue any advisory opinions in cases.

Question 45

Sociological jurisprudence has a tendency to say that,when interpreting and applying the law,courts should pay attention to changing social values and let the law reflect those new values.How is this different from the natural law approach,which also talks about values?

Question 46

What is the main argument for avoiding a statute's plain meaning or legislative history of,and instead following prior interpretation in a case?

A) Plain meaning is subject to debate
B) Promoting stability and certainty
C) Legislative history can be contentious
D) Saving the court's valuable time

Question 47

What do statutes and administrative regulations have in common?

Question 48

The Supreme Court once denied tax-exempt status to a private university that discriminated on the basis of race.Which of the following is likely to have influenced or guided the interpretation of the statute relevant to this case?

A) Maxims
B) Precedents
C) General public purposes
D) Standing to sue

Question 49

Cases are said to be _____ when there no longer is a real dispute between the parties.

A) ripe
B) moot
C) feigned
D) intangible

Question 50

What are legal rules in prior cases called?

A) Statutes
B) Precedents
C) First impressions
D) Uniform laws

Question 51

Which of the following is false about the power of courts?

A) Courts are not absolutely bound to favor one technique of statutory interpretation over another.
B) Courts can distinguish prior decisions in common law cases.
C) State Supreme Courts can overrule their own prior decisions.
D) Courts can make or interpret law in the absence of a case.

Question 52

Evan plans to open a Company named "Maryland" for which her trademark is "M".This trademark in no way resembles the famous McDonald's Trademark.However,she fears that the latter might think otherwise and sue her in future.Evan wants to take no risk and hence seeks the court's judgment on the issue.Can she do it?

A) Yes,she can do it because she wishes to seek the court's opinion.
B) Yes,she can do it under state and federal declaratory judgment statutes.
C) No,she cannot agitate an issue that has not yet arisen.
D) No,she cannot agitate the issue as she knows that the two marks are not similar.

Question 53

_____ are general rules of thumb employed in statutory interpretations.

A) Idioms
B) Phrases
C) Quotations
D) Maxims

Question 54

Lido adopted a policy under which its employees aged over 50 years would be given the preference of availing company sponsored transport facility.Marina,aged 55 years,was provided transport facility.However Henry,aged 46 years,was denied the same.Henry challenged the company policy as violative of the Age Discrimination in Employment Act (ADEA)which forbids discriminatory preferences for the young over the old.Will Henry succeed in the court of law?

A) Yes,as per the plain meaning rule of statutory interpretation.
B) Yes,as per the rule of general public purpose.
C) No,as per the rule of legislative purpose.
D) No,as per federal law.

Question 55

Which of the following lets courts help parties determine their rights and duties even though neither may yet have been harmed,so long as there is a real case or controversy between them?

A) No liability outside privity of contract rule
B) Ejusdem generis
C) A declaratory judgment statute
D) Public law

Question 56

Which of the following allows parties to determine their rights and duties even though their controversy has not advanced to the point where harm has occurred and legal relief may be necessary?

A) Ejusdem generis
B) Standing to sue
C) Declaratory judgment
D) Precedents

Question 57

What are courts and administrative agencies expected to do in case they encounter ambiguously worded statutes while deciding a case?

A) Keep the particular statute aside
B) Fill in the details on a case-to-case basis
C) Refer to a different statute
D) Initiate a debate in the legislature

Question 58

Explain the position adopted by legal positivists regarding law.