Deck 1: Legal Foundations

Question 1

Judicial opinions are also known as the ________ of the case.

Answer 1

holdings

Question 2

When the United States Supreme Court formally recognized their role in achieving equality for all Americans during the civil rights movement,they were following a ________ philosophy.

Answer 2

legal realism

Question 3

Attorneys,particularly in a business context,are also referred to as _______.

Answer 3

counsel

Question 4

Courts regularly question and overturn administrative agency decisions involving how and when an agency enforces a regulation.

Question 5

A statute of limitations determines the maximum and minimum amounts of monetary relief that may be granted in different types of civil law suits.

Question 6

The power of courts to establish law in matters not specifically addressed by statutes is very limited in common law countries.

Question 7

________ are recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties.

Question 8

Equitable remedies are available to compensate injured parties in both civil and criminal lawsuits.

Question 9

Equitable rules used in the context of Common Law rules that guide courts in deciding cases or controversies are called equitable _______.

Question 10

Legal Realism is the oldest form of American jurisprudence and was founded during the American Revolution and forms the basis for the United States Constitution.

Question 11

States tend to amend their constitutions less frequently than is the case with the United States Constitution.

Question 12

Most states have separate courts of law and equity.

Question 13

A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the law.

Question 14

Law today is crucial to business by creating some degree of reliability to be used in business planning and commercial transactions.

Question 15

Legal positivists believe that agreed upon laws should be uniformly and strictly enforced and may only be changed by the government.

Question 16

Much of the origins of the law dealt with issues related to _______.

Question 17

Attorneys who work for a company and are part of the executive or mid-level management team are specifically referred to as ________ counsel.

Question 18

Measures of judicial action intended to compensate an injured party in a civil law suit are called _______.

Question 19

A presidential veto may be overridden by a 2/3 majority vote of the Senate.

Question 20

Trial lawyers are also referred to as _______.

Question 21

Ordinances will preempt state level statutes.

Question 22

Laws relating to contracts for the sale of goods are primarily found in the common law.

Question 23

For private law to be applied,there must be a statute or ordinance enacted that provides for the rights of the parties.

Question 24

Jurisprudence refers to the conducting of a trial and the rendering of a judicial decision.

Question 25

Restatements of the law are written and revised by the Congress and state legislatures as needed.

Question 26

A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.

Question 27

Arbitration and mediation are preferred dispute resolution methods because they always result in a satisfactory outcome for both sides of the dispute.

Question 28

A zoning law which regulates what a landowner may or may not do with their privately owned property is an example of a public law.

Question 29

Criminal law is designed to compensate parties for money lost as a result of another's unlawful conduct.

Question 30

When a Pennsylvania appellate court makes a decision,stare decisis requires that Delaware trial courts follow the case precedent when a case with a similar fact situation arises.

Question 31

Criminal law can also be characterized as public law but can never be considered private law.

Question 32

Freedom of Speech,as defined in the Constitution,is an example of substantive law.

Question 33

Alternative dispute resolution,when used to settle a business dispute,is usually not subject to appeal to a court.

Question 34

Civil law systems reject and prohibit the use of precedent,relying solely on strict interpretations of statutes.

Question 35

The U.S.system of common law is deep-seated in the French common law established by the Norman kings around 1066.

Question 36

The common law is the law that all states follow to avoid confusion and to promote consistency from state to state.

Question 37

Aggressive litigation generally results in a high monetary cost for a corporation.

Question 38

Laws which require that police show reasonable cause and obtain a search warrant before entering a place of business to search for evidence would be examples of substantive laws.

Question 39

All statutes have a statutory scheme but not all statutes have a legislative history.

Question 40

The purpose of secondary sources of law is to increase uniformity and fairness across courts in the 50 states.

Question 41

Philip believes that moral values inherent in mankind should form the basis of law and that these principles are a higher authority than man made law.Philip is a proponent of:

A) natural law.
B) legal realism.
C) legal positivism.
D) social law

Question 42

Joshua is a highly accomplished soccer player and a successful coach.He is often hired by other coaches to run soccer clinics and soccer camps for their teams.If Joshua decides to incorporate and sell stock to finance the corporation,the area of law that he would need to be aware of with regard to the stock sales would be:

A) securities law.
B) intellectual property law.
C) contract law.
D) antitrust law

Question 43

Which of the following is not available in a court of equity?

A) an order for the payment of money damages for a breach of contract
B) an order prohibiting the building of a 16 foot fence in a residential neighborhood
C) an order requiring teachers to stop picketing in a particular area
D) an order requiring a party to turn over goods after being found guilty of breach of contract

Question 44

Kathy,a fashion model,witnesses a motor vehicle accident but does not stop because she was late for her pedicure and simply didn't want to get involved.Had she stopped she could have saved the life of Tom who was thrown from the car and landed in a water filled ditch,without danger to herself.When Tom's widow hears that Kathy could have easily saved Tom's life but chose to ignore the situation she sues Kathy.The state has no "good samaritan" laws or duty to assist laws but such cases have been brought in the past.Which of the following will the court apply when making a decision in this case?

A) statutory law
B) administrative law
C) common law
D) equity law

Question 45

Jurisprudence is defined as:

A) adjudication of law suits.
B) the enactment of laws by a government body.
C) the science and philosophy of law.
D) the duties and obligations owed by a citizen

Question 46

New York City has passed a law banning smoking of cigarettes and cigars in public bars and restaurants.This law would be defined as a/an:

A) ordinance.
B) regulation.
C) statute.
D) common law

Question 47

Secondary sources of law:

A) are looked to when there is no primary source of law that applies to the facts of a case.
B) are considered a valid independent authority.
C) apply to both federal and state legal issues.
D) have no legally binding effect

Question 48

Which of the following,from highest to lowest,properly demonstrates preemption?

A) federal common law; federal statutes; U.S. Constitution
B) state statutory law; federal common law; federal administrative law
C) state common law; state administrative law; state statutory law
D) federal administrative law; federal common law; state statutory law

Question 49

The state of Delaware has passed a new law banning cell phone use while driving a motor vehicle within the state.This law would be defined as a/an:

A) ordinance.
B) regulation.
C) statute.
D) common law

Question 50

In Flagiello v.Pennsylvania Hospital,the court had to balance the hospital's negligence against the charitable immunity doctrine to determine whether Flagiello could recover for injuries sustained on the hospital's property.The court determined that:

A) the charitable immunity doctrine was specifically and clearly written so they were bound to follow the clear intent of the statutory scheme and find for the hospital.
B) the charitable immunity doctrine had been litigated in the past and stare decisis required that the court adhere to established case precedent and find for the hospital.
C) current societal norms rendered the charitable immunity doctrine inapplicable to this case and that fundamental fairness allowed the court to deviate from established case precedent and find for Flagiello.
D) the charitable immunity doctrine can only be repealed or overturned by the state's legislature and that stare decisis required that case precedent be followed, however, due to the severity of Flagiello's injuries, the charitable immunity doctrine allowed for certain exceptions, permitting Flagiello to recover in this case

Question 51

A state's appellate court has made a decision in a particular case.That decision becomes case precedent in all cases except those cases heard in:

A) the state's Supreme or highest court.
B) the state's special courts such as family or probate court.
C) the state's general trial court.
D) the state's inferior or small claims court

Question 52

Mega Corporation has developed a strategic plan that calls for an emphasis on appealing to a younger demographic.If it decided that such an appeal to a younger market would necessitate a change in the corporate logo and trademark,such changes would require an understanding of:

A) securities law.
B) intellectual property law.
C) contract law.
D) antitrust law

Question 53

The clean hands doctrine is most specifically applied to:

A) primarily plaintiff's.
B) primarily defendants.
C) both plaintiffs and defendants equally.
D) the judge and jury deciding the case

Question 54

The official publication of federal statutory law is the:

A) Federal Register.
B) Consolidated Statutes of the United States.
C) Code of Congressional Statutes.
D) United States Code

Question 55

The source of each of the following types of law is primarily statutory except:

A) zoning laws.
B) contracts for services.
C) contracts for the sale of goods.
D) employment discrimination

Question 56

In Kauffman-Harmon v.Kauffman,when Mr.Kauffman sued his children to have all stock given to them transferred back to him,claiming their possession was only a temporary trust:

A) the court found that a temporary trust had indeed been created and that Mr. Kauffman was the equitable owner of the stock.
B) the court found that Mr. Kauffman was the equitable owner of the stock because the children had participated in a fraud when accepting ownership of the stock.
C) the court found that the children owned the stock because Mr. Kauffman's request for the return of the stock and the subsequent law suit came after the statute of limitations had run so he was barred from recovery.
D) the court found that the children owned the stock and Mr. Kauffman's claims were barred by the clean hands doctrine

Question 57

Bradley collects historic memorabilia and one of his prized possessions is the pistol used by Aaron Burr in his duel with Alexander Hamilton.After reading an article in a magazine Bradley discovers that Sam owns the matching pistol,used by Hamilton in the duel.Bradley contacts Sam and offers him $500,000 for the pistol.Sam e-mails Bradley that he accepts his offer but the transaction must be for cash and face to face.Bradley responds that he'll be at Sam's home at noon the next day with the money.When he arrives,Sam informs him that he's received an offer of $600,000 for the pistol and Bradley must pay that amount or he'll sell to the other buyer.Bradley wants the weapon to complete the set.If he sues Sam,what course of action will best provide him the results he desires?

A) sue for breach of contract and seek a legal remedy
B) sue for an injunction
C) bring a suit in equity and seek monetary damages
D) sue for breach of contract and seek a decree of specific performance

Question 58

Black's Law Dictionary,as cited in the book defining the term law,includes each of the following except:

A) law is a body of rules.
B) law is conduct prescribed by a controlling authority.
C) law has a binding force.
D) law regulates personal ethics

Question 59

Regulations created and enforced by federal regulatory agencies are examples of:

A) administrative laws.
B) anti-trust laws.
C) labor laws.
D) securities laws

Question 60

Under the American legal system,subject to some exceptions,costs of litigation regarding both the plaintiff and defendant:

A) are all paid by the loser.
B) are all paid by the winner.
C) are paid for by each side with the plaintiff and defendant paying for their own legal costs.
D) are totaled by the court and then for fairness, split in half with each side paying an equal amount

Question 61

A statute of limitations that most appropriately falls under the equitable maxim is:

A) clean hands doctrine.
B) substance over form.
C) remedies at law are preferred over remedies in equity.
D) equity aids the vigilant

Question 62

What is the essential similarity and what are the differences between statutes,ordinances and regulations?

Question 63

Precedent evolves from:

A) state and federal constitutions.
B) state and federal statutes.
C) the common law.
D) a combination of both state and federal statutes and common law

Question 64

The Uniform Commercial Code has been adopted in every state except:

A) California.
B) Mississippi.
C) Louisiana.
D) Iowa

Question 65

In 2010,the state of Arizona passed an immigration law which allowed law enforcement officers to check the immigration status of individuals should those individuals be charged with a crime.Which legal philosophy best fits the theory of jurisprudence which the Arizona law makers may use to justify such a law?

Question 66

The U.S.system of common law:

A) is derived from the French common law.
B) is derived from the British common law.
C) was established in the U.S. Constitution.
D) is a secondary source of law established in various restatements of the law

Question 67

Mike is a high school dropout employed as a counter worker at a Kentucky Fried Chicken Outlet (KFC)in Georgia.He has been voted the employee of the month and has been awarded a trip to Louisville,KY to visit the KFC headquarters.While there,he notices an open wall safe and when he looks inside he discovers the Colonels secret recipe of 23 herbs and spices.He quickly makes a copy and returns the original to the safe.Once he arrives home he contacts a number of local fried chicken restaurants and offers to sell them the recipe.When KFC finds out what he's doing they immediately sue him,but discover that there are no applicable trade secret statutes.What effect does the failure of an applicable statute have and what,if anything,can KFC do?

Question 68

Define and explain the concepts of permanence and preemption as they apply regarding the U.S.Constitution.

Question 69

A state statute mandates that the statute of limitations for a negligence law suit is two years and the plaintiff is barred from filing the suit if they file after that time.This statute is an example of a:

A) private law.
B) procedural law.
C) criminal law.
D) substantive law

Question 70

Discuss and explain the types of secondary law and how secondary law has an effect on the American legal system?

Question 71

Discuss the differences between the common law and civil law with regard to precedent and the court's right to establish new law.

Question 72

Once stare decisis and case precedent is established:

A) it may be disregarded and overturned by a court if they deem such action appropriate.
B) it may not be disregarded by a court but may be overturned by state statute.
C) it may not be disregarded by a court or be overturned by state statute but may only be changed by amendment to the state's constitution.
D) it may not be disregarded or overturned once established and must be followed without exception

Question 73

The National Conference of Commissioners on Uniform State Laws (NCCUSL)was formed by the ________ for the purpose of establishing uniform standards in areas of law where national interests would be achieved through the use of uniform laws.

A) Congress
B) American Bar Association
C) American Legal Institute
D) National Conference of Governor's

Question 74

Iowa has just passed a law mandating a 30 day jail sentence for those convicted of harassing a bicyclist on any Iowa road.This law would be best described as:

A) an ordinance.
B) a public law.
C) a common law.
D) a private law

Question 75

Name the three essential functions of the United States Constitution.

Question 76

Which of the following is not a primary source of law?

A) uniform model law
B) administrative law
C) federal common law
D) state common law

Question 77

Briefly discuss the origins and purposes of law.

Question 78

Tom has attacked Kathy in the parking lot of a bar.He knocks her to the ground breaking her arm as he steals her wallet.Kathy works as a data input specialist at a bank and misses 8 weeks of work due to her injury.Discuss how criminal law and civil law relate to this situation and possible remedies.

Question 79

The source of bankruptcy law is a combination of:

A) statutory and common law.
B) constitutional and common law.
C) statutory and administrative law.
D) administrative and common law

Question 80

Congratulations,you have just been named as a judge in you state's general trial court.Your first case involves a complicated environmental statute.What methods might you use to interpret and apply the statute to your case?