Deck 2: The Us Legal System

Question 1

All case law originates with a factual controversy between two or more parties.

Answer 1

True

Question 2

When both state and federal governments have the right to regulate an area, those governments have:

A) exclusive jurisdiction
B) concurrent jurisdiction
C) original jurisdiction
D) bicameral legislatures
E) none of the above

Answer 2

B

Question 3

The power of government to regulate is sometimes referred to as:

A) preemption
B) jurisprudence
C) jurisdiction
D) supremacy
E) federalism

Answer 3

C

Question 4

In the area of criminal law, the powers of the federal government and state governments are concurrent.

Question 5

Stare decisis requires that:

A) all courts follow decisions of all other courts
B) all courts follow only those decisions from the U.S. Supreme Court
C) trial courts follow all decisions from appellate courts
D) all appellate courts follow all decisions of other appellate courts
E) none of the above

Question 6

The concept of stare decisis prevents one Supreme Court from overruling decisions of prior Supreme Courts.

Question 7

The court resolves disputes by:

A) making new laws to meet the situation
B) asking the legislature to make a new law to meet the situation
C) applying existing constitutional, statutory, and case law to the situation
D) applying only existing case law or precedent to the situation
E) none of the above

Question 8

Federalism means that two separate governments, state and federal, regulate citizens in the United States.

Question 9

Which of the following powers is preempted by the federal government?

A) power to regulate criminal conduct
B) power to regulate civil tort liability
C) power to regulate the coining of money
D) power to regulate business organizations
E) both a and c

Question 10

Which power does federal congress not expressly have?

A) regulate commerce between the states
B) punish counterfeiting
C) establish inferior courts
D) punish drug offenders
E) none of the above; Congress has the express power to do all of the above

Question 11

Another term for stare decisis is:

A) precedent
B) common law
C) statutory law
D) initiative
E) referendum

Question 12

The federal legislature consists of a bicameral structure.

Question 13

Administrative regulations are laws passed by various governmental boards, departments, commissions, and agencies.
Multiple Choice

Question 14

When the President refuses to either sign or veto proposed legislation, the bill is automatically vetoed.

Question 15

The Statutes at Large

A) are a topical organization of statutory law
B) are a chronological organization of statutory law
C) is another name for code
D) are easily used by legal researchers
E) both b and c

Question 16

When a conflict between state and federal laws exists, federal law controls.

Question 17

Courts of appeals in the various states decide many cases that never become stare decisis.

Question 18

Administrative regulations come from

A) federal boards, departments, commissions, and agencies
B) state boards, departments, commission, and agencies
C) federal courts
D) state courts
E) both a and b

Question 19

Which of the following is not a branch of the federal government?

A) executive
B) legislative
C) judicial
D) the president
E) none of the above

Question 20

The U.S. Supreme Court has the power to declare state laws unconstitutional.