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

Question 1

Legal positivism thinkers recognize a higher set of rules that override the legitimacy of laws promulgated by political institutions.

Answer 1

False

Question 2

Most federal regulations are based on power given to Congress under the Constitution's Privileges and Immunities Clause.

Answer 2

False

Question 3

The practice of preventive law requires a knowledgeable client as well as a knowledgeable lawyer.

Answer 3

True

Question 4

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

Question 5

A legislature cannot change a common law rule by enacting a statute.

Question 6

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 7

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

Question 8

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 9

Although legal positivism often creates harsh results by refusing to recognize equitable exceptions, it provides a great sense of predictability to the enforcement of legal rules.

Question 10

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 11

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

Question 12

The Constitution prohibits ex post facto laws.

Question 13

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 14

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

Question 15

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 16

The right of self-defense is an example of _____.

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

Question 17

Procedural law sets out the rights and duties governing people as they act in society.

Question 18

Under the notion of federalism, the United States has a uniform, centralized legal system.

Question 19

The freedom of speech granted by the United States Constitution is an example of substantive law.

Question 20

Statutory law varies from state to state.

Question 21

_____ 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 22

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 23

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 24

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 25

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 26

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 27

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 28

The _____ is the most widely adopted uniform law.

A) Uniform Criminal Code
B) Interstate Commerce Treaty
C) Uniform Commercial Code
D) Multistate Criminal Compact

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

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

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

Question 31

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 32

Punitive damages are also called _____ damages.

A) special
B) exemplary
C) liquidated
D) nominal

Question 33

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 34

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 35

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 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

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 38

The first federal regulatory agency was the _____.

A) Federal Trade Commission
B) Interstate Commerce Commission
C) Securities and Exchange Commission
D) Occupational Safety and Health Administration

Question 39

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 40

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 41

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 42

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

Question 43

One objective of preventive law is to arrange business plans and methods to increase profits by _____.

A) honoring legal obligations while avoiding ethical obligations
B) reaching business goals through enforceable contracts while avoiding government prohibitions
C) strictly adhering to the socioeconomic view of the social responsibility of business
D) prioritizing the interests of corporate stockholders over the interests of other stakeholders

Question 44

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 45

Describe the four steps in the process of legal interpretation.

Question 46

Define the three steps involved in applying stare decisis.

Question 47

List the four basic functions of law.

Question 48

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 49

List the primary sources of law.

Question 50

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.