Deck 2: Law and Legal Systems

Question 1

Socialist law:

A) is based on Marxist Leninist ideology
B) reflects elements of civil law
C) was copied by Eastern bloc nations from Russia
D) a and b
E) a, b, and c

Answer 1

E

Question 2

The legal doctrine that court decisions serve as precedent for future decisions is:

A) equity
B) amicus curie
C) stare decisis
D) dictum
E) habeas corpus

Answer 2

C

Question 3

In civil law, the starting point is:

A) juries
B) judicial decisions
C) the code
D) the Bible

Answer 3

C

Question 4

Equity developed as a rival to:

A) socialist law
B) court of chancery
C) common law
D) code law
E) criminal law

Question 5

A key element or elements of the adversary system are:

A) the highly structured court procedures for testing evidence
B) party prosecution
C) a neutral and passive decision maker
D) a and c
E) a, b, and c

Question 6

The following principle helps to focus attention on the legal questions and facts that are important to the litigants:

A) judicial restraint
B) party prosecution
C) judicial independence
D) precedent

Question 7

Comments that go beyond what is necessary to decide the case before the court is known as:

A) dissent
B) concurring opinion
C) equity
C) obiter dicta
D) ex post facto

Question 8

Roe v. Wade (1973) is a good illustration of which of the following?

A) the judiciary's insulation from public opinion
B) the error correction function of appellate courts
C) the controversial nature of the definition of justice
D) a and b

Question 9

Law that relies largely on decisions of judges in the past is called:

A) statutory law
B) criminal law
C) civil law
D) common law
E) code law

Question 10

A definition of justice:

A) almost always makes reference to victims' rights
B) mostly refers to the debate about tort reform
C) rarely says anything about values
D) differs dramatically depending on the purpose of the advocate

Question 11

Which statement or statements best describe law?

A) Law is easily defined.
B)
B) Governmental sanctions are an essential element.
C) Law is not directed at solving social problems.
D) a and

Question 12

Which of the following terms does not describe common law?

A) judge made
B) inductive reasoning
C) flexible
D) codified

Question 13

Common law is often referred to as:

A) legislative law
B) judge?made law
C) discretionary law
D) procedural law
E) continental law

Question 14

Islamic law is heavily influenced by:

A) legislatures
B) religion
C) parliament
D) communism

Question 15

What does the term stare decisis mean?

A) let the defendant take the stand
B) let the decision stand
C) let justice prevail
D) let the decision be reviewed

Question 16

Civil law is:

A) widely used among Western nations
B) derived from religious principles
C) an earlier branch of Anglo?American law
D) based on the protection of the state

Question 17

In France, lawyers:

A) play less of a role than in the United States
B) play more of a role than in the United States
C) are not used
D) none of the above

Question 18

Which of the following does not define law?

A) Law is that which must be obeyed.
B) Law is a body of rules enacted in a legitimate manner.
C) Law is enacted by businesses and private social groups.
D) Law is enforced by the state.
E) All of the above define law.

Question 19

The common law was first established in:

A) France
B) Italy
C) United States
D) Russia
E) England

Question 20

Which family of law is the most widely used in the Western world?

A) common law
B) civil
C) socialist
D) religious

Question 21

In the legal citation 531 U.S. 98, the number 531 refers to:

A) the volume number
B) the page number
C) the year
D) the West key number

Question 22

The fastest growing source of law is:

A) administrative
B) statutory
C) constitutional
D) judicial decisions
E) equity

Question 23

The following is an example of public law:

A) tort law
B) contract law
C) constitutional law
D) inheritance law

Question 24

Statutory law is made by:

A) legislatures
B) courts
C) executives
D) administrative agencies
E) none of the above

Question 25

Civil law:

A) involves public wrongs that harm all of society
B) involves suits between private parties
C) involves violations prosecuted by the state
D) a and b

Question 26

In a lawsuit, who has the responsibility of defining the legal issues?

A) the parties
B) the judge
C) the jury
D) the witnesses
E) the clerk

Question 27

The principle legal doctrine for limiting the arbitrariness of government officials is:

A) cross?examination
B) due process of law
C) equal protection
D) party prosecution

Question 28

Law that prescribes the methods and means of enforcing legal rights is referred to as:

A) substantive law
B) procedural law
C) tort law
D) administrative law
E) constitutional law

Question 29

Doctrines of access have primarily been created by:

A) the legislature
B) the judiciary
C) the executive branch
D) a, b, and c
E) b and c

Question 30

The branch of law which governs relationships between private citizens is known as:

A) public law
B) private law
C) specialized law
D) administrative law

Question 31

All of the following are divisions of private law except:

A) tort
B) contract
C) administrative
D) property
E) divorce

Question 32

Law that creates and defines legal rights is referred to as:

A) procedural law
B) substantive law
C) common law
D) private law
E) constitutional law

Question 33

Public law involves:

A) two private parties
B) a mediation specialist
C) an arbitration specialist
D) the government

Question 34

Federalism refers to:

A) limits on the powers of state government
B) limits on the powers of the national government
C) division of powers between state and national governments
D) fundamental basis of law
E) legal authority of the courts to hear cases

Question 35

Which statement or statements best describe the criminal law?

A) Violations involve public wrongs.
B) Violators are prosecuted by the state.
C)
C) Violators are punished by fine, probation, prison, etc.
D) a, b, and

Question 36

Constitutions are:

A) detailed documents written after many laws have been passed
B) basic documents which set forth only the powers of government
C) basic documents which are subordinate to statutes
D) basic documents which define and limit the powers of government

Question 37

A court order to stop doing something is called:

A) an injunction
B) restitution
C) procedural adjudication
D) a sentence

Question 38

Parties suing under common law mainly seek:

A) restitution
B) declaratory judgments
C) monetary damages
D) injunctive relief
E) judgment

Question 39

Under equity, a litigant normally requests:

A) monetary damages
B) tort
C) precedent
D) an injunction
E) restitution

Question 40

Which of the following represents discretionary choices in the law?

A) reporting a crime
B) filing a lawsuit
C) interpreting the meaning of words
D) locating the law

Question 41

A misdemeanor is more serious than a felony.

Question 42

Explain the use of precedent in the common law system.

Question 43

Describe three layers of the law.

Question 44

Which of the following is not an example of discretionary choices in the law?

A) gaps in the law
B) conflicting laws
C) standards of conduct
D) meaning of the words

Question 45

Distinguish between appellate and original jurisdiction? Define each kind of jurisdiction and differentiate between the two.

Question 46

Compare and contrast substantive v. procedural law.

Question 47

Compare and contrast two major legal systems of the world.

Question 48

The decision in Salazar v. Buono (2010) is an example of the Supreme Court being asked to:

A) interpret the establishment clause
B) interpret the freedom of religion clause
C) determine punitive damages
D) write public policy

Question 49

International law is an example of public law.

Question 50

The Bill of Rights is part of the Declaration of Independence.

Question 51

What are two characteristics of the common law? Explain their significance to the legal system.

Question 52

United States Supreme Court Justice Oliver Wendell Holmes once remarked, "The life of the law has not been logic; it has been experience." First, define what the elements of "the law" are. Then, discuss the implications of Holmes' observation in an analysis of the features of the common law system and the civil law system. Be sure to discuss the major elements of each system and the benefits and disadvantages of each. Use examples where appropriate to illustrate your points.

Question 53

Socialist law is aimed at maintaining order.

Question 54

The First Ten Amendments to the Constitution are often referred to as the:

A) Bill of Exchequer
B) Bill of Amendments
C) Bill of Rights
D) Bill of Exchange

Question 55

The United States Constitution is the supreme law, and any state constitutional provision or any law in conflict with it is invalid.

Question 56

In American courts judges are advocates for the prosecution.

Question 57

Socialist law is rapidly changing.

Question 58

Compensatory damages are for the actual harm suffered.

Question 59

Administrative law is the fastest growing area of law.

Question 60

Describe two features of the Thai legal system portrayed in the film Brokedown Palace and contrast them to the same aspects of the United States legal system.