Deck 2: Sources of the Law

Question 1

The common law is the body of previously recorded legal decisions made by courts in specific cases.

Answer 1

True
Explanation: The term "common law" comes from the attempts of early English kings to establish a uniform and consistent body of decisions that courts in the kingdom would hold 'in common." So when a judge was faced with a similar set of circumstances that had previously been ruled upon, he could look to that decision for guidance.

Question 2

A compilation of all the statutes of a particular state or the federal government is known as a code.

Answer 2

True
Explanation: For example, all federal statutes are gathered in the United States Code (USC).

Question 3

The 'devolution' of a right annuls the ethics and morality of a right.

Answer 3

False
Explanation: Devolution has nothing to do with the ethics or morality of a right. Rather, devolution simply redistributes the enforcement of that right to a lower authority, usually a state agency.

Question 4

The law is a delicate balancing act between the power of the state and the rights of individuals.

Question 5

In his book, Law and History, Professor Anthony Chase writes that the balance between the spirit and the letter of the law is one of the most obvious dualities in the law.

Question 6

Originally, the Bill of Rights was not included in the Constitution because many founders believed that the power to regulate and protect rights, if it existed at all, was the responsibility of the states, not the national government.

Question 7

In the "Opening Case," the Roman Catholic Archdiocese of Washington
D.C. sued the Department of Human Services claiming the Affordable Care Act (ACA) interferes with its First Amendment right to privacy.
In the Roman Catholic Archdiocese of Washington
D.C., et al. v. Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, et al. the plaintiffs (the Diocese) claim that the ACA interferes with its First Amendment right to free exercise of their religion by requiring Catholic institutions, including universities, hospitals, and social service organizations, to provide insurance for certain birth control-related services that the Church forbids.

Question 8

The primary objective of law is to maintain harmony, stability, and justice within a society.

Question 9

The Supremacy Clause of the U.S. Constitution states that the President can veto any state law that conflicts with the U.S. Constitution.

Question 10

The purpose of a complex adaptive system is the survival and improvement of the legal ecosystem.

Question 11

The Electoral College was a political compromise created so that the President would be chosen by electors, rather than directly by the people.

Question 12

Trade-offs rarely occur within the law.

Question 13

According to the uncertainty principle, when intent and results coincide, it is usually based on the strategic thinking and experience of the persons involved.

Question 14

Statutory interpretation is the process of determining the constitutionality of various legislative statutes, administrative regulations, or executive actions.

Question 15

The principle of the separation of powers divides power between the state and federal government.

Question 16

The language of the law helps in the execution of the law.

Question 17

The Articles of Confederation created a strong national government.

Question 18

Stare decisis means "let the decision stand."

Question 19

Persuasive precedent is a precedent that courts must follow.

Question 20

Article III of the U.S. Constitution gives executive power to the President.

Question 21

A new administrative regulation allowed the Social Security Administration to charge women for Social Security cards, yet enabled men to obtain the cards for free. A lawsuit was filed challenging the constitutionality of this new regulation. If you were a justice on the Supreme Court you would most likely

A) review common law to see whether a precedent exists.
B) use statutory interpretation to clarify the law.
C) rule the regulation unconstitutional.
D) let the regulation stand.

Question 22

When Arizona passed state statutes to inspect the identification papers of illegal immigrants, the ____________ sued the State of Arizona claiming the state statutes violated the ___________ Clause of the U.S. Constitution.

A) Department of Justice; Rights and Privileges
B) Arizona Attorney General; Equal Protection
C) Department of Justice; Supremacy Clause
D) Department of Justice; Freedom of Speech

Question 23

Lillian, who now lives in Oregon, was charged by an Idaho court with molesting several children while she worked for Idaho Social Services. Lillian could be brought back to Idaho for trial based on:

A) the Uniform Commercial Code.
B) persuasive precedent.
C) the Third Amendment to the U.S. Constitution.
D) Article IV of the U.S. Constitution.

Question 24

A business asks a court to interpret the way in which a newly enacted shoplifter detention statute will be applied if the business, at some future point, detains a suspected shoplifter. The court may:

A) issue an advisory memorandum.
B) convene a conference of business and consumer representatives.
C) not interpret the statute until a lawsuit is filed challenging the statute.
D) ask the legislature to issue an advisory memorandum.

Question 25

Under the doctrine of ____________, courts determine the constitutionality of statutes, regulations or executive actions, taking into account any ____________ in its analysis.

A) statutory interpretation; persuasive precedent
B) statutory interpretation; binding precedent
C) judicial review; persuasive precedent
D) judicial review; binding precedent

Question 26

____________ refer(s) to the body of previously recorded legal decisions made by the courts in specific cases.

A) Statutes
B) Amendments
C) A constitution
D) The common law

Question 27

Generally, if there are no modern court decisions or statutes dealing with an issue in dispute, the court hearing the case will:

A) apply common law.
B) inevitably devolve.
C) be unable to decide the case.
D) ask the U.S. Supreme Court for an advisory opinion.

Question 28

The law has built-in ____________-on the one hand, a person discovers the ____________ of the law when he understand the law's actual intent, while on the other hand, if a person holds to the ____________ of the law the person may have missed the true meaning.

A) dualities; spirit; letter
B) dualities; words; interpretation
C) dualities; abstract; concrete
D) dualities; uncertainty; reason

Question 29

If Texas signed a trade agreement with Mexico which established tariffs and importing conditions for goods made in Mexico, the U.S. Constitutional objection to Texas' actions would be based upon the:

A) principle of preemption.
B) doctrine of devolution.
C) principle of separation.
D) principle of supremacy.

Question 30

Once a federal regulation is finalized, it is included in the:

A) Administrative Register.
B) Code of Federal Regulations.
C) Uniform Commercial Code.
D) Modern Federal Register.

Question 31

The ____________ is a unified set of statutes designed to govern almost all commercial transactions.

A) Uniform Common Law Code
B) Uniform Commercial Code
C) Uniform Civil Code
D) Uniform State Code

Question 32

Generally, if the Florida Supreme Court issues a decision, that decision would be considered:

A) persuasive precedent in all Florida state courts.
B) binding precedent in all Florida state courts.
C) binding in neighboring state courts.
D) binding precedent in all Florida federal courts.

Question 33

____________ subdivided into groupings of statutes that deal with a particular area of the law are called ____________.

A) Codes; titles
B) Codes; articles
C) Titles; chapters
D) Codes; divisions

Question 34

According to ____________, the third type of ____________ in the law exists between ____________ principles and ____________ situations.

A) Anthony Chase; duality; abstract; concrete
B) Anthony Chase; uncertainty; abstract; concrete
C) Anthony Chase; duality; abstract; uncertain
D) John Maynard Keynes; duality; abstract; concrete

Question 35

A ____________ is a network of interacting conditions which ____________ one another, while at the same time ____________ change from agents outside and inside the system.

A) legal ecosystem; adjust to; reinforces
B) complex adaptive system; reinforce; adjusts to
C) legal ecosystem; reinforce; adjusting to
D) complex adaptive system; adjusts to; reinforces

Question 36

The ____________ created ____________ dealing with the sale and licensing of digital information, and the ____________ dealing with the enforceability of cyber-contracts.

A) NCCUSL; Cyber-Commerce; UCITA
B) NCCUSL; UETA; UCITA
C) NCCUSL; UCITA; UETA
D) UCITA; NCCUSL; UETA

Question 37

____________ is the process by which the courts decide that a federal statute must take precedence over a state statute.

A) Devolution
B) Revision
C) Uniformity
D) Preemption

Question 38

The law is a delicate balancing act. This is evident because:

A) political parties are always competing for power.
B) individuals require restraint to prevent chaos.
C) one corporation's contractual rights may be upheld, while another's are struck down.
D) one company may overcharge consumers.

Question 39

____________ includes the freedom of the press, freedom of speech, freedom of assembly, and freedom of religion.

A) The Fifth Amendment
B) The Fourth Amendment
C) The Articles of Confederation
D) The First Amendment

Question 40

Outside the Bill of Rights, what is widely recognized as the most important amendment to the U.S. Constitution?

A) 13^th Amendment which abolished slavery
B) 18^th Amendment which gave 18-year-olds the right to vote
C) 14^th Amendment's due process and equal protection
D) 21^st Amendment which gave women the right to vote

Question 41

A local city council enacts an ordinance that prohibits aircraft from taking off before 7:00
A.M., disturbing the city's residents. An airline whose schedule is subject to federal regulation challenges this ordinance. Discuss the legal basis of this challenge and the likely outcome.
The principle of supremacy-the commerce clause in this case-allows federal regulations enacted under Constitutional authority to be superior to state law. The airline wins.

Question 42

Matrix Corp. is fined by the Occupational Safety and Health Administration for violations of workplace safety regulations. Matrix challenges the fine on the basis that it was not allowed to have a jury trial before being fined. What resolution will result?

Question 43

Helen, a 15-year-old citizen of Illinois, was about to go to the doctor for an abortion when the Supreme Court of Michigan ruled that minors could not receive an abortion without parental consent. What effect might the Michigan Supreme Court's decision have on Helen?

Question 44

A court decides that a state agency, rather than a federal one, can control what government employees, in the course of performing their duties, are permitted to talk or write about in relation to official policies, procedures, and programs. Such a prohibition might appear to violate the employee's Constitutional right of free speech as a U.S. citizen. Analyze.

Question 45

A Massachusetts law prohibited governmental agencies of Massachusetts from buying goods from companies that conducted business with Myanmar. If the U.S. Supreme Court were to strike down this law, what might be the basis?

Question 46

Pierce was arrested under a city ordinance that made distributing handbills on the city streets a crime. Pierce argued that the U.S. Constitution guaranteed his right to free speech under the First Amendment. The local prosecutor argued that the First Amendment to the U.S. Constitution did not apply to state laws. Was the prosecutor correct? Explain.

Question 47

A state law restricts the sulfur dioxide emissions from electric generation plants more severely than those of the federal Clean Air Act. Must an electric generation plant obey the state law or may it follow the federal statute?

Question 48

Stanley runs a business in Middletown. He knows bribing an officer in return for favorable duties is a crime. However, he avoids "bribery" by sending "gifts" to the sheriff as a token of appreciation for the officer's services to the town. The sheriff is impressed by Stanley's act and ensures that his business is "well protected." Analyze the situation.

Question 49

In a case presented to a Philadelphia court, the judge and the jury realize that no specific statute is applicable and decide to refer to previously recorded legal decisions made in similar cases. Discuss.

Question 50

Small towns want to restrict the speed of trains passing through the towns to 20 miles per hour. The Federal Railroad Administration allows trains to travel through the towns at up to 70 miles per hour. Discuss whether or not the towns may restrict the speed of the trains.
The administration should analyze if this decision of the state comes with the intent of taking extra precautions for public safety. Have accidents occurred in the past? Notwithstanding, state statutes can be preempted by federal statutes in areas that are traditionally that of the federal government.