Question 1

The common law is the body of previously recorded legal decisions made by courts in specific cases.

Accepted Answer

The term "common law" comes from the attempts of early English kings to establish a uniform and consistent body of decisions that courts in the kingdom would hold 'in common." So when a judge was faced with a similar set of circumstances that had previously been ruled upon, he could look to that decision for guidance.

Question 2

A compilation of all the statutes of a particular state or the federal government is known as a code.

Accepted Answer

For example, all federal statutes are gathered in the United States Code (USC).

Question 3

The 'devolution' of a right annuls the ethics and morality of a right.

Accepted Answer

Devolution has nothing to do with the ethics or morality of a right. Rather, devolution simply redistributes the enforcement of that right to a lower authority, usually a state agency.

Question 4

The law is a delicate balancing act between the power of the state and the rights of individuals.

Accepted Answer

The law should be viewed as a delicate balancing act between the competing interests and rights of different groups of people. Further, the limitations and biases of judges, legislators, and the prosecutors require trade-offs and compromises to an already complex legal system.

Question 5

In his book, Law and History, Professor Anthony Chase writes that the balance between the spirit and the letter of the law is one of the most obvious dualities in the law.

Accepted Answer

Generally, following the "spirit of the law" means following the actual intent of the law, while following the "letter of the law" means the true meaning of the law has been missed. However, there are exceptions.

Question 6

Originally, the Bill of Rights was not included in the Constitution because many founders believed that the power to regulate and protect rights, if it existed at all, was the responsibility of the states, not the national government.

Accepted Answer

James Madison and other delegates to the Philadelphia convention in the late 1700s believed that Congress should have no power to enforce, eliminate, or modify rights. Some delegates warned that if some rights were listed, it would give the impression that those were the only rights that mattered. Therefore, it would be better to leave all mention of rights out of the original Constitution.

Question 7

In the "Opening Case," the Roman Catholic Archdiocese of Washington
D.C. sued the Department of Human Services claiming the Affordable Care Act (ACA) interferes with its First Amendment right to privacy.
In the Roman Catholic Archdiocese of Washington
D.C., et al. v. Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, et al. the plaintiffs (the Diocese) claim that the ACA interferes with its First Amendment right to free exercise of their religion by requiring Catholic institutions, including universities, hospitals, and social service organizations, to provide insurance for certain birth control-related services that the Church forbids.

Accepted Answer

The case involves the First Amendment right to free exercise of religion, not the right to privacy.

Question 8

The primary objective of law is to maintain harmony, stability, and justice within a society.

Accepted Answer

The law consists of rules of conduct established by the government of a society to maintain harmony, stability, and justice. More often than not, however, "real life" is not harmonious, and justice must be sacrificed for harmony and stability.

Question 9

The Supremacy Clause of the U.S. Constitution states that the President can veto any state law that conflicts with the U.S. Constitution.

Accepted Answer

Although the Supremacy Clause of the U.S. Constitution does in fact state that, "(t)his Constitution and the Laws of the United States... shall be the supreme Law of the Land", neither the President nor Congress can veto a state law. But state laws that conflict with the Constitution can be held to be "unconstitutional" by a federal court after a lawsuit is filed by a federal agency or a private party.

Question 10

The purpose of a complex adaptive system is the survival and improvement of the legal ecosystem.

Accepted Answer

A complex adaptive system (CAS) is a network of interacting conditions which both reinforce each other, while being flexible enough to adjust to change from the outside. There are many examples of a CAS in nature-beehives, anthills, and the neural network of the human brain.

Question 11

The Electoral College was a political compromise created so that the President would be chosen by electors, rather than directly by the people.

Accepted Answer

Although extreme, it is likely that many of the delegates to the Philadelphia convention would have actually preferred Congress choose the President. However, the delegates compromised on the Electoral College in which the people would directly vote for electors, who in turn would vote for the President. Note that the framers, who wanted a buffer between the people and the President, assumed that electors would always be land-owning, educated men of high class.

Question 12

Trade-offs rarely occur within the law.

Accepted Answer

On the contrary, trade-offs routinely occur within the legal system. One person is allowed to go free, while another is imprisoned, fined, and forced to forfeit his property. One corporation's contracts are upheld, while another's are struck down.

Question 13

According to the uncertainty principle, when intent and results coincide, it is usually based on the strategic thinking and experience of the persons involved.

Accepted Answer

On the contrary, intent and results almost never coincide, and when they do, it is generally a matter of luck, nothing more. In fact, the uncertainty principle was one of the lynch pins of the economics theory of John Maynard Keynes.

Question 14

Statutory interpretation is the process of determining the constitutionality of various legislative statutes, administrative regulations, or executive actions.

Accepted Answer

Statutory interpretation is the process by which a court analyzes a statute that may be unclear or ambiguous. However, a court will only analyze a statute when a lawsuit is filed challenging the statute itself.

Question 15

The principle of the separation of powers divides power between the state and federal government.

Accepted Answer

The principle of the separation of powers in the U.S. Constitution set up the three branches of the national government-the executive branch, the legislative branch, and the judicial branch. The principle of checks and balances allows each branch to share in the power of the other two branches.

Question 16

The language of the law helps in the execution of the law.

Accepted Answer

Because words are often ambiguous, the language of the law can become a hindrance, rather than a help in the execution of the law.

Question 17

The Articles of Confederation created a strong national government.

Accepted Answer

The first constitution of the United States was the Articles of Confederation-not the current Constitution. The Articles of Confederation were created to hold together a fragile coalition of states, each of which was determined to maintain its own independent existence. One of the main weaknesses of the Articles was the inability of Congress to impose taxes or tariffs.

Question 18

Stare decisis means "let the decision stand."

Accepted Answer

Stare decisis is Latin for "let the decision stand." The phrase is derived from the common law, and comes from the process of judges recording and sharing their decisions with other judges. So stare decisis is the process of relying on previously recorded legal decisions, called precedents.

Question 19

Persuasive precedent is a precedent that courts must follow.

Accepted Answer

Binding precedent is precedent that a court must follow. Persuasive precedent is precedent that a court is free to follow or ignore, depending on the court's location and jurisdiction.

Question 20

Article III of the U.S. Constitution gives executive power to the President.

Accepted Answer

Article III gives judicial power to the Supreme Court and other courts established by Congress.

Quiz 2: Sources of the Law