Question 1

A judge deciding a common law case must look for guidance to similar cases previously decided by that court or superior courts.

Accepted Answer

This is the principle of stare decisis, which means "to stand by that which has been decided." It is a fundamental principle of the common law system.

Question 2

William Blackstone, an English jurist, defined law as "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong."

Accepted Answer

This is the commonly accepted definition of law and was formulated by William Blackstone, an English jurist.

Question 3

Law is an instrument of social control.

Accepted Answer

Law is a system of rules that are enforced through social institutions to govern behavior and maintain social control. Therefore, it can be considered an instrument of social control.

Question 4

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

Accepted Answer

The common law system is mainly used in England and countries with a historical connection to England such as the United States, Canada, Australia, and New Zealand. Most of Europe, Scotland, and Latin America use civil law systems.

Question 5

Substantive law creates, defines, and regulates legal rights and duties.

Accepted Answer

Substantive law deals with the legal substance of rights and obligations, whereas procedural law deals with the mechanics of enforcing those rights and obligations.

Question 6

The burden of proof in a criminal case is preponderance of the evidence.

Accepted Answer

The burden of proof in a criminal case is beyond a reasonable doubt, which is a higher standard than preponderance of the evidence. This means that the prosecution must convince the jury or judge that there is no other reasonable explanation for the evidence presented except that the defendant committed the crime.

Question 7

Since the end of the nineteenth century, case law developed from court opinions has been the primary source of new law and ordered social change in the United States.

Accepted Answer

The answer of Since the end of the nineteenth century,...

Question 8

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

Accepted Answer

This is known as the Supremacy Clause, which states that the Constitution, federal laws, and treaties shall be the supreme law of the land. Any state constitution or law that conflicts with federal law is invalid.

Question 9

The common law system of law uses the inquisitorial system of determining disputes.

Accepted Answer

The common law system traditionally uses the adversarial system, while the civil law system typically uses the inquisitorial system.

Question 10

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 rather a set of uniform state laws that govern commercial transactions within the United States. Each state has adopted its own version of the UCC, with some variations among states.

Question 11

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 12

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

The Supreme Court of the United States has the power of judicial review and is the final authority on the constitutionality of laws passed by Congress or by the legislature of a state.

Question 13

The main categories of the law are (a) substantive and procedural, (b) public and private, and (c) civil and criminal.

Accepted Answer

This statement is true. The main categories of law are indeed substantive and procedural, public and private, and civil and criminal.

Question 14

Rodriguez and Compton asked a court for reformation of their contract based on a mutual mistake. They seek an equitable remedy.

Accepted Answer

Rodriguez and Compton are seeking reformation of their contract, which is an equitable remedy used when there is a mutual mistake.

Question 15

The principle of stare decisis gives stability to our system of jurisprudence.

Accepted Answer

Stare decisis means "to stand by things decided." It is the principle that judges are bound to follow the decisions of previously decided cases in similar situations. This helps to ensure consistency and predictability in the law, which contributes to the stability of the legal system.

Question 16

The United States Constitution establishes the principle of judicial review, which divides the government into three distinct and independent branches: judicial, executive, and legislative.

Accepted Answer

The United States Constitution establishes the separation of powers into three branches, but it does not explicitly mention judicial review; this principle was established by the Supreme Court case Marbury v. Madison in 1803.

Question 17

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 18

The primary function of the law is to maintain stability in the social, political, and economic system while simultaneously permitting change.

Accepted Answer

The law provides a framework of rules and regulations that ensure order and stability in society. However, it also allows for change and progress through the process of creating and amending laws based on the evolving needs and values of society. Therefore, the primary function of the law is to maintain stability while permitting change.

Question 19

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

Accepted Answer

The U.S. Constitution is the supreme law of the land, and laws passed by Congress must be in accordance with it.

Question 20

A constitution restricts the powers of the government and specifies the rights and liberties of the people.

Accepted Answer

This is the basic function of a constitution. It sets the limits on what the government can do and spells out certain fundamental rights that citizens have that the government cannot violate.

Quiz 1: Introduction to Law