Deck 1: Law, Legal Reasoning, and the Legal Profession

Question 1

The Civil Rights Act of 1964 is an example of substantive law.

Answer 1

True

Question 2

Which of the following is an example of procedural law?

A) The privilege of receiving food stamps
B) The rules as to how a court's decision is to be enforced
C) The right of self-defense
D) The freedom of speech granted by the U.S. Constitution

Answer 2

B
Explanation: Procedural law establishes the rules under which the substantive rules of law are enforced. Rules as to what cases a court can decide, how a trial is conducted, and how a judgment by a court is to be enforced are all part of procedural law.

Question 3

The freedom of speech granted by the U.S.Constitution is an example of _____.

A) civil law
B) substantive law
C) criminal law
D) procedural law

Answer 3

B
Explanation: Substantive law sets out the rights and duties governing people as they act in society. Substantive law establishes rights and privileges. An example is the freedom of speech granted by the U.S. Constitution.

Question 4

In the United States,all states follow the same legal system.

Question 5

Statutory law varies from state to state.

Question 6

Each state has a constitution that is similar to the U.S.Constitution in the design of the government it provides.

Question 7

Unlike legal positivists,legal sociologists stress the need for law to change and keep pace with the evolution of society.

Question 8

Most courts refer to a statute's legislative history when the language is unclear.

Question 9

If a person carelessly runs a car into yours,that person has committed the:

A) civil tort of negligence.
B) substantive tort of negligence.
C) criminal tort of negligence.
D) procedural tort of negligence.

Question 10

Where there is a conflict between state laws and federal laws,state laws will prevail since they understand the immediate needs of their citizens better.

Question 11

The highest appeals court in a jurisdiction cannot overrule a precedent case.

Question 12

Laws that seek to prevent certain practices that might reduce competition and thus increase prices are called _____.

A) tax laws
B) consumer laws
C) antitrust laws
D) contract laws

Question 13

Procedural law establishes rights and privileges.

Question 14

Civil law arises when courts are called upon to resolve disputes for which there is no statute or other source of law to establish rules.

Question 15

Legal realism focuses on the theoretical rules of law rather than law in action.

Question 16

Which of the following statements is true of criminal law?

A) It is concerned with private duties owed by one person to another.
B) It is completely procedural.
C) It defines breaches of duty to society at large.
D) It refers to the duty of corporations to exercise reasonable care with regard to other corporations.

Question 17

Laws must be predictable and adapt to changing conditions.

Question 18

By involving a lawyer in the business-planning process,a desired business objective can be reached with less legal risk.

Question 19

The Constitution's Commerce Clause allows the president to regulate interstate and foreign commerce.

Question 20

Substantive law comprises rules as to what cases a court can decide,how a trial is conducted,and how a judgment by a court is to be enforced.

Question 21

A treaty becomes "the supreme law of the land" when:

A) it lends predictability to decisional law by relying on prior decisions.
B) it is made by the president with a foreign government and ratified by at least two-thirds of the Senate.
C) it is established with rules that govern certain kinds of activities, such as the use of automobiles on highways.
D) it adds details to the government framework by establishing a regulatory agency.

Question 22

Natural law thinkers believe that:

A) law and morality are not separate.
B) there is no law superior to that promulgated by political institutions.
C) all laws should have an environmental focus.
D) natural law provides the level of predictability attained by legal positivism.

Question 23

A useful tool for understanding and persuading that combines basic analytical thinking with recognition of the special features of the underlying legal system is _____.

A) sociological jurisprudence
B) legal positivism
C) legal reasoning
D) analytical reasoning

Question 24

_____ believe that decisions are often more attributable to the biases and moods of decision makers than they are to the formal legal rules that are supposed to determine the outcome.

A) Legal realists
B) Legal positivists
C) Legal sociologists
D) Natural law thinkers

Question 25

Stare decisis:

A) renders law rigid and unchanging.
B) lends predictability to decisional law by relying on prior decisions.
C) means a new statute applies only to actions taken after it becomes effective.
D) creates harsh results by refusing to recognize equitable exceptions.

Question 26

Local legislation regulating zoning and noise levels are examples of _____.

A) ordinances
B) treaties
C) administrative rules
D) administrative decisions

Question 27

Which of the following statements is true of independent agencies?

A) They are headed by the president.
B) They are a part of the executive branch of the government.
C) They are headed by a board or commission.
D) They are given authority only to enforce rules made by the Congress.

Question 28

The feature of decisional law in common law systems which says that a court,in making a decision,should follow the rulings of prior cases that have similar facts is _____.

A) caveat emptor
B) ex post facto laws
C) stare decisis
D) contra proferentem

Question 29

The constitutional prohibition of ex post facto laws:

A) applies to statutory law.
B) aims to minimize the possibility of failure if the business has to go to court to enforce its rights.
C) applies to common law.
D) gives lawyers a great deal of discretion in selecting an appropriate strategy for handling a legal dispute.

Question 30

Which of the following is true of the attorney-client privilege?

A) The privilege does not apply until the attorney is actually retained by a client.
B) An attorney is allowed to divulge confidential information communicated by a client in the course of seeking legal advice.
C) A client must feel free to speak fully and honestly with his attorney if the judicial system is to function effectively.
D) The privilege covers statements made in the presence of people other than the attorney or the attorney's subordinates.

Question 31

Common law arises when:

A) courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule.
B) constitutional statutes are found to interfere with the freedom of expression.
C) there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law.
D) the government wishes to encourage certain kinds of investments.

Question 32

According to private law,private persons may:

A) create legally-binding agreements through their power to contract.
B) enter into contracts, but the contracts will not be upheld in court.
C) create their own rules when there is no prior statute.
D) make their own rules only after studying practice of similar precedents.

Question 33

Lee was arrested for public intoxication.Shortly after being charged with this offense,he wrote a letter to his attorney explaining the circumstances surrounding his arrest.The letter is considered:

A) privileged communication under the work product privilege.
B) privileged communication under the attorney-client privilege.
C) privileged communication under legal positivism.
D) privileged communication under legal realism.

Question 34

If the behavior of someone who commits a tort is outrageous,that person can be made to pay compensatory and _____.

A) special damages
B) punitive damages
C) liquidated damages
D) nominal damages

Question 35

Under the power of judicial review,_____.

A) a judge may render a legal rule unenforceable by declaring it in conflict with a constitution
B) lower courts may decide that higher court decisions are not valid
C) private persons are not allowed to create legally binding obligations as they do not have the power to contract
D) the court may override the acts of the Constitution

Question 36

The adversary system is characterized by:

A) the idea that ultimate truth and justice will prevail if each party to a dispute is represented by competent attorneys providing the strongest possible representation.
B) the view that attorneys can be given free reign if they do not violate legal and ethical rules designed to ensure the fair operation of the judicial process.
C) the unconditional free reign granted to judges.
D) the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak with his or her attorney.

Question 37

According to the doctrine of stare decisis,_____.

A) the constitutional prohibition of ex post facto laws applies to common or decisional law
B) a legislature cannot override stare decisis and change a common law rule by enacting a statute
C) the highest appeals court in a jurisdiction cannot overrule a precedent case
D) a court has considerable freedom in picking precedent cases

Question 38

Sociological jurisprudence maintains that:

A) legal decisions should be based on short-term social goals.
B) courts must look beyond the plain meaning of a statute to consider the law's legislative purpose.
C) courts should not consider their perceptions of the prevailing public policies in interpreting statutes.
D) the law is the command of legitimate political institutions.

Question 39

Legal positivist judges:

A) consider public policy and their own sense of morality when interpreting the law.
B) confine their legal analysis to the plain meaning of the words.
C) believe that law must always look to equitable exceptions to statutes and other legal rules.
D) recognize a higher set of rules that override the legitimacy of laws promulgated by political institutions.

Question 40

Legislation enacted by governmental units within the states (cities and counties)is called a(n)_____.

A) common law
B) administrative regulation
C) ordinance
D) treaty

Question 41

In addition to statements made to an attorney,the attorney-client privilege covers:

A) information divulged to an attorney's subordinates, such as secretaries or paralegals.
B) statements made in the presence of people other than the lawyer or the lawyer's subordinates.
C) statements made to a law-enforcement officer.
D) statements made only after the attorney is actually retained by a client.

Question 42

When a lawyer agrees to represent a client,the lawyer agrees to:

A) the reality that he will be liable for malpractice if he loses the case.
B) exercise the skill, prudence, and diligence expected of lawyers of ordinary skill and competence in the community.
C) the probability that a court will likely second-guess the legal strategy he chooses to use in representing his client.
D) the reality that the courts are likely to second-guess his professional judgment.

Question 43

In the business world,the goal of preventive law is to increase profits by:

A) imposing higher inheritance and income taxes on wealthy people.
B) avoiding losses through fines and damage judgments.
C) involving the client in the business-planning process.
D) creating unenforceable contracts.

Question 44

Describe the four steps in the process of legal interpretation.

Question 45

Define the three steps involved in applying stare decisis.

Question 46

Describe the difference between criminal and civil law.What are the penalties that accompany violations of each?

Question 47

List the three ways in which courts make law.

Question 48

List the four basic functions of law.

Question 49

The work product privilege:

A) prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice.
B) covers information divulged to an attorney's subordinates, such as secretaries or paralegals.
C) considers a lawyer to be an officer of the court who is bound to work for the advancement of justice while faithfully protecting the rightful interests of his clients.
D) is derived from the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak fully and honestly with his or her attorney.

Question 50

The use of lawyers by business managers to help them plan avoidance of business emergencies and to comply with the rapidly growing mass of legal rules imposed on business operations by government bodies is called _____.

A) common law
B) preventive law
C) criminal law
D) substantive law