Deck 1: Legal Heritage and the Digital Age

Question 1

What function of the law is being served when passing laws that prohibit discrimination at workplaces?

A) keeping the peace
B) providing a basis for compromise
C) maintaining the status quo
D) promoting social justice

Answer 1

D

Question 2

Which school of jurisprudence views law as a sort of evolutionary process, where changing norms of society will be reflected in the law?

A) the Natural Law School of jurisprudence
B) the Sociological School of jurisprudence
C) the Analytical School of jurisprudence
D) the Historical School of jurisprudence

Answer 2

D

Question 3

The American system of law is set up to be one of the fairest and most democratic systems ever developed. When our system of law fails, it is often because of human failure - abuses of discretion, mistakes by judges and juries, and unequal application of law.

Answer 3

True

Question 4

The Analytical School of jurisprudence maintains that the law is ________.

A) shaped by logic
B) based on social behavior
C) set by the ruling class
D) based on morality

Question 5

________ is that which must be obeyed and followed by citizens subject to sanctions or legal consequences.

A) Morality
B) Philosophy
C) Law
D) Religion

Question 6

Businesses that are organized in the United States are subject to its laws, but not to the laws of other countries in which they do business.

Question 7

Imposing a ban on public smoking can serve as an example of a law that adheres to the ________ School of jurisprudence.

A) Command
B) Sociological
C) Law and Economics
D) Analytical

Question 8

Which of the following would be considered an example of shaping moral standards, as seen as a function of the law?

A) laws granting freedom of speech and religion
B) laws discouraging drug and alcohol abuse
C) laws providing rights to peaceful protest
D) laws preventing overthrow of a government

Question 9

Law is described as ________.

A) a body of rules of action or conduct prescribed by controlling authority, and having binding legal force
B) a study of fundamental problems, such as those connected with existence, knowledge, and language
C) a system that builds and organizes knowledge in the form of testable explanations and predictions
D) a group of hypotheses employed to explain a phenomenon

Question 10

Laws in the United States are not set to evolve with changes in social norms.

Question 11

________ is described as the science or philosophy of the law.

A) Morality
B) Ethics
C) Justice
D) Jurisprudence

Question 12

What characteristic of the American legal system was most clearly illustrated by the U.S. Supreme Court's opinion in Brown v. Board of Education? Explain your answer.

Question 13

Halfren, a county in the state of Halizona, is extremely earthquake-prone. The governor of Halizona sets up a committee to study the effects of past earthquakes on Halfren and the possible methods that could be used to minimize damage and loss of life. The committee found that a new technique of using steel reinforcements in building columns would help reduce overall damages. The findings were put to a debate at the local town hall, where it was accepted by a majority of the residents of Halfren. The state government then passed a law making it mandatory to use the new steel-reinforced columns while constructing new buildings in Halfren. Which of the following functions of the law did the state government of Halizona exhibit in this case?

A) promoting social justice
B) maximizing individual freedom
C) shaping moral standards
D) facilitating orderly change

Question 14

Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. He sued the car manufacturer for installing faulty airbags. But in the course of the case being heard in court, the car company and Mark decided to settle the lawsuit out of court. What important function of the law was served in this case?

A) promoting social justice
B) maximizing individual freedom
C) providing a basis for compromise
D) maintaining the status quo

Question 15

What function of the law is being served when passing laws that protect the U.S. government from the risk of being forcefully overthrown?

A) maintaining the status quo
B) shaping moral standards
C) facilitating orderly change
D) promoting social justice

Question 16

By allowing the U.S. citizens to practice any religion of their choice, what essential function of the law does the U.S. Constitution serve?

A) facilitating orderly change
B) maintaining the status quo
C) maximizing individual freedom
D) facilitating planning

Question 17

The Supreme Court case decision on the case of Brown v. Board of Education was important because it exhibited ________.

A) the use of the affirmative action policy
B) the flexibility of the law
C) the state's supremacy over federal rulings
D) the importance of following precedent

Question 18

The philosophers of the Command School of jurisprudence will assert that the law is ________.

A) developed, communicated, and enforced by the ruling party
B) a means to achieve and advance sociological goals
C) a collection of a society's traditions and customs that has developed over the centuries
D) based on human reasoning, and humans' choosing power between what is good and evil

Question 19

Laws should not attempt to shape society's moral standards.

Question 20

Philosophers of the ________ School of jurisprudence emphasize a moral theory of law, where law is based on morality and ethics, and is discovered by human reasoning and making choices between good and evil.

A) Sociological
B) Analytical
C) Historical
D) Natural Law

Question 21

What was a reason for the creation of law courts during the early development of the English common law?

A) to administer law in a uniform manner
B) to help merchants form a standardized set of commercial laws
C) to increase the power of the king in law-making
D) to facilitate legal disputes for the wealthy and influential

Question 22

The U.S. government passed draft laws during the Vietnam War decreeing that men of a certain age had to serve in the military if they met specific physical requirements. Which of the following schools of jurisprudential thought does such draft laws adhere to the most?

A) the Historical School of jurisprudential thought
B) the Natural Law School of jurisprudential thought
C) the Sociological School of jurisprudential thought
D) the Command School of jurisprudential thought

Question 23

Which school of jurisprudential thought emphasizes using law as a tool for market efficiency while solving legal disputes?

A) the Critical Legal Studies School of jurisprudence
B) the Command School of jurisprudence
C) the Sociological School of jurisprudence
D) the Law and Economics School of jurisprudence

Question 24

The Law and Economics School believes that legal decision making should be functional to market efficiency.

Question 25

What was a result of the development of the English common law?

A) the development of forensic science in helping decide cases
B) the supremacy of the king and his intervening powers when deciding cases
C) the use of precedent of past cases for judges to decide present similar cases
D) the subjective decision making of judges when it came to similar cases

Question 26

Legal precedent is a key feature of the Historical School of jurisprudence.

Question 27

The Critical Legal Studies School proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.

Question 28

The Law and Economics School of jurisprudential thought believes that promoting market efficiency should be the central goal of legal decision making.

Question 29

The Command School of jurisprudence believes that the law is a set of rules developed, communicated, and enforced by the ruling party.

Question 30

Natural Law School of jurisprudence emphasizes shaping laws based on morals and ethics.

Question 31

Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.

Question 32

________ courts were allowed to give equitable remedies under the English common law.

A) Merchant
B) Law
C) Chancery
D) Appellate

Question 33

Which school of jurisprudence bases its principles, for solving legal disputes, on broad notions of fairness, and subjective decision making by judges?

A) the Natural Law School of jurisprudence
B) the Analytical School of jurisprudence
C) the Critical Legal Studies School of jurisprudence
D) the Sociological School of jurisprudence

Question 34

Which of the following statements best indicates how chancery courts were different from law courts?

A) Chancery courts emphasized developing merchant laws rather than laws for the common citizen.
B) Chancery courts inquired into the merits of a case rather than emphasize legal procedures.
C) Chancery courts emphasized a standard set of remedies across different cases rather than provide equitable remedies.
D) Chancery courts had lower precedence level over legal decisions than the law courts.

Question 35

What led to the creation of the Chancery Courts?

A) the insistence for a court system that emphasized legal procedure rather than the merits of a case
B) the law courts' inability to hear all the cases presented to them
C) the increase in overseas trade and proliferation of piracy
D) the unfair results and limited remedies provided by the law courts

Question 36

The Critical Legal Studies School of jurisprudential thought seeks to restrict the subjective decision-making powers of judges.

Question 37

Which school of jurisprudential thought is reflected in documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter?

A) the Natural Law School
B) the Historical School
C) the Sociological School
D) the Analytical School

Question 38

Differentiate between the Historical School of jurisprudence and the Sociological School of jurisprudence.

Question 39

Sociological philosophers are unlikely to adhere to past law as precedent.

Question 40

The Analytical School of jurisprudence lays emphasis on how the result of a case is reached rather than the logic of the result itself.

Question 41

How does the doctrine of stare decisis help in creating stability in a legal system?

A) by ensuring that witnesses of a case will be protected by the state
B) by ensuring that the legal rights of a defendant are preserved
C) by allowing the use of precedent in deciding future cases
D) by allowing the use of writs

Question 42

What is a judicial decision?

A) a decision issued by the executive branch in a state of emergency
B) a decision about an individual lawsuit issued by a federal or state court
C) a codified law passed by the state legislature
D) a decision issued by the legislative branch to establish courses of conduct to which covered parties must adhere

Question 43

Ordinances are codified laws that are issued by ________.

A) the president
B) the state legislature
C) the Supreme Court judges
D) local government bodies

Question 44

Stare decisis is the doctrine of ________.

A) providing proof to assert a fact in court
B) adhering to legal precedent
C) separating powers between state and religion
D) ensuring all legal rights are provided to a person when otherwise deprived of them

Question 45

From the following, identify an example of codified law in the United States?

A) judicial rulings
B) federal statutes
C) treaties
D) executive orders

Question 46

When the American colonies were first settled, the English system of law was adopted as the system of jurisprudence.

Question 47

The merchant courts were established because of the unfair results and limited remedies available in the chancery courts.

Question 48

Give an account of the Law Merchant in early English common law.

Question 49

A(n) ________ is a compact made between two or more nations.

A) amendment
B) treaty
C) charter
D) statute

Question 50

The law courts of the English common law could only provide monetary awards for damages.

Question 51

The ________ branch of the federal government has the power to enforce the law.

A) judicial
B) legislative
C) executive
D) commissary

Question 52

What is considered as the supreme law of the land in the United States?

A) judicial decisions issued by the state courts
B) the Constitution of the United States of America
C) the federal statutes passed by the United States Congress
D) executive orders passed by the president

Question 53

The Chancery courts under the English common law were under the authority of the Lord Chancellor.

Question 54

A(n) ________ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.

A) charter
B) treaty
C) executive order
D) statute

Question 55

The ________ branch of the federal government has the power to enact laws.

A) legislative
B) judicial
C) consulate
D) executive

Question 56

The law courts of the English common law emphasized legal procedure over the merits of an individual case.

Question 57

How is legal precedent used between courts of different states?

A) Courts of a state cannot cite the judicial decisions of courts of another state in its decisions.
B) Courts of a state must follow precedent from courts of another state for similar cases.
C) Courts of a state can use precedent from courts of another state as a form of guidance.
D) Courts of a state cannot challenge the precedent of courts of another state.

Question 58

________ are established by the legislative and executive branches of the federal and state governments to enforce and interpret statutes enacted by the Congress and state legislatures.

A) Commissaries
B) State courts
C) Administrative agencies
D) Councils

Question 59

Which of the following legal documents establishes the U.S. federal government and specifies its powers?

A) federal statutes
B) the U.S. Constitution
C) the combined list of state statutes
D) the set of codified laws called ordinances

Question 60

What is the function of the judicial branch of the federal government?

A) It has the power to interpret and determine the validity of the law.
B) It has the power to enact the law.
C) It has the power to enforce the law.
D) It has the power to act as a liaison between the legislative and executive branches.

Question 61

State courts of one state are not required to follow the legal precedent established by the courts of another state.

Question 62

Federal statutes are organized by topic into code books.

Question 63

The Securities and Exchange Commission (SEC), created by the Congress to enforce federal securities laws, is an example of a(n) ________.

A) intelligence agency
B) congressional body
C) judicial body
D) administrative agency

Question 64

Treaties are considered to be part of the supreme law of the United States of America.

Question 65

Statutes are written laws that establish certain courses of conduct that covered parties must adhere to.

Question 66

The authority to enact ordinances lies solely with the state legislatures.

Question 67

Federal statutes take precedence over federal regulations.

Question 68

The doctrine of stare decisis provides that each court decision is independent and should stand on its own.

Question 69

Provisions of federal law are valid as long as they do not conflict with any state law.

Question 70

Explain the doctrine of stare decisis and how it has influenced the legal system.

Question 71

A treaty does not require Senate approval before being passed.

Question 72

Executive orders are an example of codified law.

Question 73

Powers not given to the federal government by the U.S. Constitution are reserved to the states.

Question 74

Statutes are enacted by Congress and state legislatures.

Question 75

Within a state, the state constitution precedes the U.S. Constitution.

Question 76

Executive orders are issued only by the executive branch of the federal or state governments.

Question 77

Decisions issued by administrative agencies are called statutes.

Question 78

Administrative agencies are created by the judicial branch of governments.

Question 79

According to the priority of law in the United States, which of the following statements is true?

A) State regulations take precedence over state statutes.
B) Valid state laws take precedence over any conflicting federal laws.
C) Valid state laws take precedence over local laws.
D) State laws take precedence over the U.S. Constitution within that state.

Question 80

Ordinances are not codified into code books.