Deck 1: Legal Heritage and the Digital Age

Question 1

Which of the following would be considered an example of "shaping moral standards," as seen as a function of the law?

A) laws granting freedom of speech and religion
B) laws discouraging drug and alcohol abuse
C) laws providing rights to peaceful protest
D) laws preventing overthrow of the government

Answer 1

B

Question 2

The Analytical School of jurisprudence maintains that the law should be ________.

A) shaped by logic
B) based on social behavior
C) set by the ruling class
D) based on morality

Answer 2

A

Question 3

A government agency has been called in to interrogate prisoners in an attempt to stop future terrorist attacks on the United States and her allies.If the use of unapproved or unconstitutional methods to obtain information may prove to save lives,the government agency's actions best correspond to which school of jurisprudential thought?

A) Command School
B) Law and Economics School
C) Analytical School
D) Historical School

Answer 3

C

Question 4

By allowing U.S.citizens to practice any religion of their choice,what essential function of the law does the U.S.Constitution serve?

A) facilitating orderly change
B) maintaining the status quo
C) maximizing individual freedom
D) facilitating planning

Question 5

A state court administering judgment based on the precedent established by the Supreme Court is an example of the ________ School of jurisprudential thought.

A) Command
B) Critical Legal Studies
C) Historical
D) Analytical

Question 6

What is the difference between Natural Law School and Historical School of jurisprudence?

A) Natural Law School emphasizes law shaped by logic, while Historical School emphasizes law enforced by the ruling party.
B) Natural Law School emphasizes law shaped by sociological goals, while Historical School emphasizes law based on a moral theory.
C) Natural Law School emphasizes law shaped by logic, while Historical School emphasizes law based on a moral theory.
D) Natural Law School emphasizes a moral theory of law, while Historical School emphasizes law based on social traditions and customs.

Question 7

Mark Walton was involved in a car accident in which the airbag of his car failed to deploy.He sued the car manufacturer for installing faulty airbags.But in the course of the case being heard in court,the car company and Mark decided to settle the lawsuit out of court.What important function of the law was served in this case?

A) promoting social justice
B) maximizing individual freedom
C) providing a basis for compromise
D) maintaining the status quo

Question 8

________ is described as the theory or philosophy of law.

A) Morality
B) Ethics
C) Natural law
D) Jurisprudence

Question 9

The followers of the ________ School of jurisprudential thought are known as realists.

A) Sociological
B) Critical Legal Studies
C) Command
D) Analytical

Question 10

Which school of jurisprudence views law as a sort of evolutionary process,where changing norms of society will be reflected in the law?

A) the Natural Law School of jurisprudence
B) the Sociological School of jurisprudence
C) the Analytical School of jurisprudence
D) the Historical School of jurisprudence

Question 11

What function of the law is being served when passing laws that prohibit discrimination at workplaces?

A) keeping the peace
B) providing a basis for compromise
C) maintaining the status quo
D) promoting social justice

Question 12

Which of the following is true of "facilitating planning" as a function served by the law?

A) It refers to laws that prohibit discrimination in employment.
B) It refers to commercial laws that allow businesses to carry out their operations.
C) It refers to laws enacted after careful study, debate, and public input.
D) It refers to laws that allow for the settlement of cases even before they go to trial.

Question 13

Proponents of the ________ School of jurisprudence emphasize a moral theory of law,where law is based on morality and ethics,and is discovered by human reasoning and making choices between good and evil.

A) Sociological
B) Analytical
C) Historical
D) Natural Law

Question 14

What function of the law is being served when passing laws that protect the U.S.government from the risk of being forcefully overthrown?

A) maintaining the status quo
B) shaping moral standards
C) facilitating orderly change
D) promoting social justice

Question 15

What School of jurisprudential thought is reflected in documents such as the U.S.Constitution,the Magna Carta,and the United Nations Charter?

A) the Natural Law School
B) the Historical School
C) the Sociological School
D) the Analytical School

Question 16

Halfren,a county in the state of Halizona,is extremely earthquake-prone.A committee set up by the governor to study the effects of past earthquakes found that a new technique of using steel reinforcements in building columns would help reduce overall damages.The findings were put to a debate at the local town hall,where it was accepted by a majority of the residents of Halfren.The state government then passed a law making it mandatory to use the new steel-reinforced columns while constructing new buildings in Halfren.Which of the following function of the law did the state government of Halizona exhibit in this case?

A) promoting social justice
B) maximizing individual freedom
C) shaping moral standards
D) facilitating orderly change

Question 17

Law is described as ________.

A) a body of rules of action or conduct prescribed by controlling authority, and having binding legal force
B) a study of fundamental problems, such as those connected with existence, knowledge and language
C) a system that builds and organizes knowledge in the form of testable explanations and predictions
D) a group of hypotheses employed to explain a phenomenon

Question 18

Proponents of the Command School of jurisprudence will assert that the law is ________.

A) developed, communicated, and enforced by the ruling party
B) a means to achieve and advance sociological goals
C) a collection of a society's traditions and customs that has developed over the centuries
D) based on human reasoning, and humans' choosing power between what is good and evil

Question 19

Which of the following is true of the Historical School of jurisprudence?

A) It postulates that law is based on morality and ethics.
B) It asserts that law is an aggregate of social traditions and customs.
C) It asserts that the purpose of law is to shape social behavior.
D) It lays emphasis on the logic of the result rather than how the result is reached.

Question 20

Imposing a ban on public smoking can serve as an example of a law that adheres to the ________ School of jurisprudence.

A) Command
B) Sociological
C) Law and Economics
D) Analytical

Question 21

Which of the following statements best indicates how chancery courts were different from law courts?

A) Chancery courts emphasized developing merchant laws rather than laws for the common citizen.
B) Chancery courts inquired into the merits of the case rather than emphasize legal procedures.
C) Chancery courts emphasized a standard set of remedies across different cases rather than provide equitable remedies.
D) Chancery courts had lower precedence level over legal decisions than the law courts.

Question 22

Which of the following is true of the Law and Economics School of jurisprudence?

A) It believes that law is based on morality and ethics.
B) It proposes that legal disputes should be solved by arbitrary rules that are based on broad notions of what is fair.
C) It believes that promoting market efficiency should be the central goal of legal decision making.
D) It maintains that the law changes when the ruling class changes.

Question 23

The Critical Legal Studies School of jurisprudence believes that ________.

A) free market forces and market efficiency are the most important principles underlying the law
B) past court decisions must be analyzed and criticized in developing new law
C) subjective decision making by judges based on general notions of fairness is appropriate
D) one of the main purposes of law is to serve as an official voice of criticism of those in power

Question 24

The function of the judicial branch of the federal government is to ________.

A) interpret and determine the validity of the law
B) enact the law
C) enforce the law
D) act as a liaison between legislative and the executive branches

Question 25

The U.S.government passed draft laws during the Vietnam War decreeing that men of a certain age had to serve in the military if they met physical requirements.Which of the following schools of jurisprudential thought do such draft laws adhere to?

A) the Historical School of jurisprudential thought
B) the Natural Law School of jurisprudential thought
C) the Sociological School of jurisprudential thought
D) the Command School of jurisprudential thought

Question 26

________ courts were allowed to give equitable remedies under early English common law.

A) Merchant
B) Law
C) Chancery
D) Appellate

Question 27

What school of jurisprudential thought emphasizes using law as a tool for market efficiency while solving legal disputes?

A) the Critical Legal Studies School of jurisprudence
B) the Command School of jurisprudence
C) the Sociological School of jurisprudence
D) the Law and Economics School of jurisprudence

Question 28

The ________ is often referred to as a "living document" because it is so adaptable.

A) Articles of Confederation
B) Lee Resolution
C) Declaration of Independence
D) U.S. Constitution

Question 29

What was the key factor in the development of the English common law?

A) the development of forensic science in helping decide cases
B) the supremacy of the king and his intervening powers when deciding cases
C) the use of precedence of past cases for judges to decide similar cases
D) the subjective decision making of judges when it came to similar cases

Question 30

Zumania is a country where the government has installed a one-party rule.Most of the properties in the country are nationalized and the government has enforced a set of laws to be followed by the citizens of Zumania.Zumania's politics and law adheres to the ________ School of jurisprudential thought.

A) Natural Law
B) Command
C) Historical
D) Sociological

Question 31

Which of the following is true of equitable remedies of the chancery courts?

A) They were shaped to fit each situation.
B) They did not take precedence over the legal decisions and remedies of the law courts.
C) They were mostly used to solve commercial disputes.
D) They were administered by the judges appointed in local areas.

Question 32

What was the key reason for the creation of law courts during the early development of the English common law?

A) to administer law in a uniform manner
B) to help merchants form a standardized set of commercial laws
C) to increase the power of the king in law-making
D) to facilitate legal disputes for the wealthy and influential

Question 33

The ________ branch of the federal government has the power to enforce the law.

A) judicial
B) legislative
C) executive
D) commissary

Question 34

What is the difference between the Analytical and Command Schools of jurisprudence?

A) The Analytical School believes that law is shaped by logic, while the Command School believes that law is enforced by the ruling party.
B) The Analytical School believes that law is shaped by social traditions, while the Command School believes that law is shaped by a moral theory.
C) The Analytical School believes that law is shaped by sociological goals, while the Command School believes that legal rules are unnecessary.
D) The Analytical School believes that law is enforced by the ruling party, while the Command School believes that law is based on a moral theory.

Question 35

The only relief,or remedy,offered in the early law courts of England was ________.

A) rigorous imprisonment
B) threatening with logical consequences
C) monetary awards for damages
D) withholding privileges offered by the law

Question 36

Which of the following schools of jurisprudential thought is also known as Chicago School?

A) the Historical School
B) the Natural Law School
C) the Law and Economics School
D) the Sociological School

Question 37

Chancery courts were also known as ________.

A) law courts
B) equity courts
C) criminal courts
D) merchant courts

Question 38

Which school of jurisprudence bases its principles,for solving legal disputes,on broad notions of "fairness," and subjective decision making by judges?

A) the Natural Law School of jurisprudence
B) the Analytical School of jurisprudence
C) the Critical Legal Studies School of jurisprudence
D) the Sociological School of jurisprudence

Question 39

What led to the creation of the chancery courts?

A) the insistence for a court system that emphasized legal procedure rather than the merits of a case
B) the law courts' inability to hear all the cases presented to them
C) the increase in overseas trade and proliferation of piracy
D) the unfair results and limited remedies provided by the law courts

Question 40

What is considered as the "supreme law of the land" in the United States?

A) Judicial decisions issued by the state courts.
B) The Constitution of the United States of America.
C) The federal statutes passed by the United States Congress.
D) Executive orders passed by the President.

Question 41

Stare decisis is the doctrine of ________.

A) providing proof to assert a fact in court
B) adhering to legal precedent
C) separating powers between state and religion
D) ensuring all legal rights are provided to a person when otherwise deprived of them

Question 42

What is the difference between statutes and ordinances?

A) Statutes are enacted by federal administrative agencies, while ordinances are enacted by state administrative agencies.
B) Statutes are enacted by counties, while ordinances are enacted by state legislatures.
C) Statutes are enacted by Congress and state legislatures, while ordinances are enacted by local government bodies.
D) Statutes are enacted by the president, while ordinances are enacted by state governors.

Question 43

Which of the following is true of code books?

A) They are federal statutes organized by topic.
B) They are the list of executive orders issued by the President.
C) They are the treaties signed with other countries organized by topic.
D) They are commercial laws organized by chronology of enactment.

Question 44

Which of the following is true of how legal precedent is used between courts of different states?

A) Courts of a state cannot cite the judicial decisions of courts of another state in its decisions.
B) Courts of a state must always follow precedent set from courts of another state for similar cases.
C) Courts of a state can use precedent from courts of another state as a form of guidance.
D) Courts of a state cannot challenge the precedence of courts of another state.

Question 45

Which of the following is true about the United States law today?

A) The state courts are not bound to follow the legal precedents established by the Supreme Court.
B) The law of all states in the U.S. except Louisiana is based on English common law.
C) The law and equity courts remain separate in most states today.
D) The U.S. Congress mandates that all 50 states follow the same law.

Question 46

________ are empowered to issue an executive order.

A) State governors
B) State Supreme Court judges
C) Appellate court judges
D) Senators

Question 47

Which of the following legal documents establishes the U.S.federal government and specifies its powers?

A) the Articles of Confederation
B) the U.S. Constitution
C) the combined list of state statutes
D) the set of codified laws called ordinances

Question 48

The Securities and Exchange Commission (SEC),created by the Congress to enforce federal securities laws,is an example of a(n)________.

A) intelligence agency
B) congressional body
C) judicial body
D) administrative agency

Question 49

________ are established by the legislative and executive branches of the federal government to enforce and interpret statues enacted by the Congress and state legislatures.

A) Commissaries
B) State courts
C) Administrative agencies
D) Councils

Question 50

Which of the following statements is true about treaties?

A) The U.S. Constitution provides that the president, with the advice and consent of one-half of the Senate, may enter into treaties with foreign governments.
B) The U.S. Constitution provides that the president may enter into treaties with foreign governments even without the consent of the Senate.
C) The U.S. Constitution provides that the president, with the advice and consent of two-thirds of the Senate, may enter into treaties with foreign governments.
D) The U.S. Constitution provides that the president, with the advice and consent of one-third of the Senate, may enter into treaties with foreign governments.

Question 51

The ________ branch of the federal government has the power to enact laws.

A) legislative
B) judiciary
C) consulate
D) executive

Question 52

Which of the following is true of how legal precedent is used between the U.S.Supreme Court and state courts?

A) State courts are not required to follow the legal precedent established by the Supreme Court.
B) State courts can use the legal precedent established by the Supreme Court as guidance but are not bound to follow.
C) The Supreme Court must follow the legal precedent established by state courts.
D) State courts must follow the legal precedent established by the Supreme Court.

Question 53

According to the priority of law in the United States,which of the following statements is true?

A) State regulations take precedence over state statutes.
B) Valid state laws take precedence over any conflicting federal laws.
C) Valid state laws take precedence over local laws.
D) State laws take precedence over the U.S. Constitution within that state.

Question 54

Ordinances are codified laws that are issued by ________.

A) the President of the United States
B) the state legislature
C) Supreme Court judges
D) local government bodies

Question 55

What would be an example of codified law in the United States?

A) judicial rulings
B) federal statutes
C) treaties
D) executive orders

Question 56

How does the doctrine of stare decisis help in creating stability in a legal system?

A) by ensuring that witnesses of a case will be protected by the state
B) by ensuring that the legal rights of a defendant are preserved
C) by allowing the use of precedence in deciding future cases
D) by allowing the use of writs

Question 57

What is a judicial decision?

A) a decision issued by the executive branch in a state of emergency
B) a decision about an individual lawsuit issued by a federal or state court
C) a codified law passed by the state legislature
D) a decision issued by the legislative branch to establish courses of conduct that covered parties must adhere to

Question 58

Which of the following is true of the Equal Protection Clause of the Fourteenth Amendment?

A) It was enacted to guarantee equality to freed African Americans.
B) It was enacted to provide equal rights to foreign companies operating in the U.S.
C) It ensured equal rights to all the illegal immigrants in the U.S.
D) It offered equal rights to expatriate workers in the country.

Question 59

A(n)________ is a compact made between two or more nations.

A) amendment
B) treaty
C) charter
D) statute

Question 60

A(n)________ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that covered parties must adhere to.

A) charter
B) treaty
C) executive order
D) statute

Question 61

Laws that impose penalties for drunk driving are examples of Sociological School of jurisprudential thought.

Question 62

The "shaping moral standards" function of the law prohibits discrimination in employment.

Question 63

The Command School of jurisprudence believes that legal rules are unnecessary.

Question 64

According to the Historical School of jurisprudential thought,the law is an evolutionary process.

Question 65

The law consists of rules that regulate the conduct of individuals,businesses,and other organizations in society.

Question 66

The "facilitating orderly change" function of the law refers to laws enacted after considerable study,debate,and public input.

Question 67

The U.S.law remains static despite the changes in society,technology,and the growth of commerce.

Question 68

Chancery courts were presided over by judges appointed by the king or queen.

Question 69

The "maintaining the status quo" function of the law prohibits drug abuse.

Question 70

The Law and Economics School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.

Question 71

The Critical Legal Studies School of jurisprudence believes that legal disputes should be solved by applying arbitrary rules.

Question 72

The Natural Law School of jurisprudence believes that law is an aggregate of social traditions and customs.

Question 73

The Analytical School of jurisprudence believes that law is shaped by logic.

Question 74

Early English law courts emphasized the merit of a case over the legal procedures.

Question 75

The Natural Law School of jurisprudence emphasizes that law should be based on morality and ethics.

Question 76

Chancery courts were also referred to as equity courts.

Question 77

The followers of Analytical School of jurisprudence are known as realists.

Question 78

The followers of Sociological School of jurisprudence are more likely to adhere to precedents.

Question 79

Early English law courts were presided over by a Lord Chancellor.

Question 80

Chancery courts emphasized the merits of a case rather than the legal procedures.