Question 1

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

Accepted Answer

This is known as the Supremacy Clause, which is found in Article VI of the Constitution. It establishes that federal law takes precedence over state law when there is a conflict between the two.

Question 2

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

Accepted Answer

Stare decisis is the legal principle of determining points in litigation according to precedent, meaning that prior decisions should be followed in cases with similar circumstances. This principle ensures consistency and predictability in the legal system, providing stability over time.

Question 3

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

Accepted Answer

The common law system uses the adversarial system of determining disputes, in which two opposing parties present their case to a neutral judge or jury who decides the outcome. The inquisitorial system is used in civil law countries, where a judge takes an active role in investigating and gathering evidence to determine the outcome of a case.

Question 4

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

Accepted Answer

This is the basic purpose of a constitution - to limit the government's power and protect the rights of citizens.

Question 5

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 6

A judge deciding a common law case must, for guidance, look to similar cases previously decided.

Accepted Answer

This statement is true. Common law is based on the principle of stare decisis, which means that judges are bound to follow the decisions of higher courts in previous cases that involve similar facts and legal issues. This ensures consistency and predictability in the legal system.

Question 7

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

Accepted Answer

The common law system is primarily used in England and its former colonies such as the United States, Canada, Australia, and India. Most of Europe, Scotland, and Latin America rely on civil law systems.

Question 8

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 9

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

Accepted Answer

The statement accurately describes a situation where a party is seeking reformation of a contract due to a mutual mistake, and also indicates that the party is seeking an equitable remedy.

Question 10

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

Laws passed by Congress must be in accordance with the United States Constitution, and any law that is found to be in conflict with the Constitution will be deemed unconstitutional and therefore invalid. The principle of constitutional supremacy, established in the landmark case Marbury v. Madison, ensures that the Constitution is the ultimate authority in the US legal system.

Question 11

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 is the final authority on the constitutionality of laws passed by Congress or state legislatures. This power is known as judicial review.

Question 12

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 is designed to provide structure and order to society, but also allow for necessary changes to occur. It provides a framework for resolving conflicts and protecting individual rights, while also promoting the greater good.

Question 13

American jurists and Supreme Court Justices Oliver Wendell Holmes and Benjamin Cardozo 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 definition of law is attributed to William Blackstone, not Oliver Wendell Holmes or Benjamin Cardozo.

Question 14

Law is an instrument of social control.

Accepted Answer

Law is a system of rules and regulations enforced by a governing body to maintain social order and control behavior within a society. It serves as an instrument of social control by defining acceptable behavior and punishing those who violate these rules.

Question 15

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 16

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

Accepted Answer

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

Question 17

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

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 18

Substantive law creates legal rights and duties.

Accepted Answer

This is because substantive law defines the legal rights and duties of individuals, organizations, and governments. It is the body of law that governs conduct and provides remedies for violations of those rights and duties. Examples of substantive law include contract law, tort law, criminal law, and property law.

Question 19

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

Accepted Answer

The Uniform Commercial Code is not a federal law, but rather a set of model laws that have been adopted by each state individually.

Question 20

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

Accepted Answer

The burden of proof in a criminal case is not preponderance of the evidence but beyond a reasonable doubt.

Quiz 1: Introduction to Law