Question 1

Laws passed by Congress are the supreme law of the land in the United States and take precedence over the United
States Constitution.

Accepted Answer

This statement is false. The United States Constitution is the supreme law of the land, and any law passed by Congress must conform to the Constitution. If a law passed by Congress is found to be unconstitutional, it can be struck down by the courts.

Question 2

State statutes are subordinate to state constitutional mandates.

Accepted Answer

State statutes must comply with the state constitution, which is the supreme law within the state.

Question 3

The Uniform Commercial Code is a federal law that applies to commercial transactions among the states.

Accepted Answer

The Uniform Commercial Code (UCC) is not a federal law, but a set of uniform laws adopted by all 50 states to standardize commercial transactions. Therefore, it applies to transactions within a state, not among states.

Question 4

The doctrine of stare decisis has the disadvantage of not allowing sufficient flexibility for the common law to change.

Accepted Answer

The doctrine of stare decisis does allow for flexibility as higher courts can overturn previous decisions, and courts can distinguish cases based on different facts, allowing the common law to evolve over time.

Question 5

The principle of stare decisis precludes courts from changing any decisions they previously announced.

Accepted Answer

The principle of stare decisis means that courts should follow precedent and generally not overturn their previous decisions. However, there are circumstances where a court may choose to depart from prior precedent. This is known as the doctrine of "stare decisis et non quieta movere" which means "to stand by things decided and do not disturb settled matters."

Question 6

The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme
Court of the United States.

Accepted Answer

This statement is true. The Supreme Court of the United States has the power of judicial review, which allows it to declare laws unconstitutional. This power was established in the landmark case Marbury v. Madison (1803).

Question 7

Substantive law establishes the rules for enforcing rights that exist in a society.

Accepted Answer

The answer of Substantive law establishes the rules for enforcing...

Question 8

In nearly every jurisdiction in the United States, courts of common law and courts of equity have combined into a single court that administers both systems of law.

Accepted Answer

This is generally true, as the merger of common law and equity courts occurred in most jurisdictions in the United States. However, there are still some exceptions where separate courts of equity exist.

Question 9

The common law system of law is used in most of Europe, Scotland, and Latin America.

Accepted Answer

The common law system of law is not used in most of Europe, Scotland, and Latin America. These regions typically use civil law systems, which are based on written laws and codes rather than judicial precedent. The common law system is primarily used in England and its former colonies, including the United States, Canada, Australia, and India, among others.

Question 10

Under the civil law system, adversaries initiate and conduct litigation.

Accepted Answer

In the civil law system, it is typically the judge who initiates the investigation, gathers evidence, and conducts the litigation, unlike in the adversarial system where the parties are responsible for presenting their cases.

Question 11

A reason for the application of sanctions is to assure that laws will be enforced.

Accepted Answer

Sanctions are often applied to ensure compliance with laws and regulations, acting as a deterrent against violations.

Question 12

The law is the same as moral and ethical concepts.

Accepted Answer

The law is a system of rules created and enforced by governmental institutions, while moral and ethical concepts are personal or societal beliefs about right and wrong. They can influence each other but are not the same.

Question 13

Laws that are enacted by legislatures are called statutes.

Accepted Answer

Statutes are laws passed by legislative bodies, such as Congress or state legislatures.

Question 14

The federal Constitution provides that federal statutes and treaties are paramount to state constitutions.

Accepted Answer

This is known as the Supremacy Clause, which is found in Article VI of the Constitution. It establishes that federal law is the supreme law of the land and that state laws and constitutions must yield to federal law when there is a conflict between the two.

Question 15

Law and justice represent separate and distinct concepts.

Accepted Answer

Law refers to the set of rules and regulations established by the government or other authority, while justice refers to the concept of fairness and an equitable treatment of individuals according to these rules and regulations.

Question 16

Decisions in state trial courts generally are reported or published.

Accepted Answer

Decisions in state trial courts are generally not reported or published, unlike appellate court decisions which are often reported and serve as precedents. Trial court decisions are typically only recorded in court files.

Question 17

A private citizen may bring a criminal action against an individual for breaking a criminal law.

Accepted Answer

Criminal actions are typically initiated by the state or federal government, not private citizens, as it is the government's responsibility to enforce criminal laws.

Question 18

Usual remedies granted in a criminal case include compensation for the victim.

Accepted Answer

Criminal cases primarily focus on determining the guilt of the defendant and imposing penalties such as imprisonment or fines. Compensation for the victim is typically addressed in civil cases, not criminal proceedings.

Question 19

The law does not change; it is based on unchanging and universal truths.

Accepted Answer

Laws are created and modified by societies and governments, reflecting changes in social norms, technological advancements, and evolving ethical standards. They are not based on unchanging truths but adapt to the needs and values of the time.

Question 20

Philosophers and jurists agree on a single definition of law: rules of civil conduct prescribed by the supreme power of a state, commanding what is right and prohibiting what is wrong.

Accepted Answer

Philosophers and jurists often have differing views on the definition of law, and there is no single universally accepted definition.

Quiz 1: Introduction to Law

Laws passed by Congress are the supreme law of the land in the United States and take precedence over the United States Constitution.