Deck 1: The Nature of Law and Critical Legal Thinking

Question 1

Some misuses and oversights of our legal system include

A)Abuses of discretion.
B)Mistakes by judges and juries.
C)Unequal application of the law.
D)All of the above.

Answer 1

D

Question 2

The U.S.Constitution and treaties are secondary to state laws and local ordinances.

Answer 2

False

Question 3

Administrative agencies are established to enforce and interpret statutes enacted by Congress and state legislatures.

Answer 3

True

Question 4

By providing a basis for compromise,U.S.law provides for settlement prior to trial in:

A)40 percent of all lawsuits.
B)77 percent of all lawsuits.
C)90 percent of all lawsuits.
D)None of the above.

Question 5

Battered women's syndrome may prove self-defense in homicide cases where:

A)The defendant is especially grieved and remorseful.
B)The woman is accused of killing her husband or other male,and there is evidence is sustained violence against the women.
C)The victim was not well liked or respected in the community.
D)None of the above.

Question 6

Which of the following are examples of civil law codes?

A)Corpus Juris Civilis.
B)French Civil Code.
C)German Civil Code.
D)All of the above.

Question 7

The Defendant is the party that brought the law suit.

Question 8

The law is based primarily on the French civil law system.

Question 9

Judges apply legal reasoning in deciding cases.

Question 10

Precedent provides:

A)Suggested rules for deciding cases.
B)The basis for deciding similar issues in latter cases.
C)That what is decided by upper courts is not relevant or applicable to lower courts.
D)All of the above.

Question 11

The natural law school of jurisprudence suggests that the law is based on what is "correct."

Question 12

The analytical school of jurisprudence suggests that the law is based on social traditions and customs developed over centuries.

Question 13

Administrative agencies are created by the judicial branch.

Question 14

The law is:

A)Vague and variable.
B)A comprehensive,eternalized set of rules.
C)Permanent and inflexible in its application.
D)None of the above.

Question 15

The Spanish and French civil law systems influence U.S.law.

Question 16

Businesses organized in the U.S.are subject to:

A)U)S.laws.
B)Ethical duties in the conduct of its affairs.
C)Laws of countries where they operate.
D)All of the above.

Question 17

A function of the law is to facilitate orderly change.

Question 18

Critical legal thinking involves:

A)Specifying the issue.
B)Identifying the key facts and applicable law.
C)Applying the law to the facts.
D)All of the above.

Question 19

The sources of the law in this country are the:

A)U)S.Constitution.
B)State constitutions.
C)Federal and state statutes,ordinances,administrative rules,executive orders,and judicial decisions.
D)All of the above.

Question 20

The following is an example of the natural law school of jurisprudence:

A)The Code of Hammurabi.
B)U)S.Constitution.
C)U)S.Code.
D)None of the above.