Deck 7: Civil and Administrative Law

Question 1

What type of law governs transactions between nongovernmental entities?

A) strict liability law
B) criminal law
C) civil law
D) juvenile law

Answer 1

C

Question 2

What type of law deals with the enforceability of private agreements between individuals and organizations

A) property
B) contract
C) juvenile
D) family

Answer 2

B

Question 3

Which standard of evidence in civil law simply means that the evidence indicates it is more likely than not that the defendant committed the wrongful act?

A) beyond a reasonable doubt
B) preponderance of the evidence
C) mere doubt
D) mere evidence

Answer 3

B

Question 4

Involuntary commitment is the use of legal means to commit someone to a _______________ against his or her will.

A) prison
B) work camp
C) mental institution
D) all of the above

Question 5

A _______________ case means enough evidence exists for there to be a case to answer.

A) ipsa facie
B) res ipsa loquitor
C) prima facie
D) res judicata

Question 6

Recorded verbal evidence sworn under oath for later use in court is known as a(n):

A) deposition
B) examination
C) testimony
D) tortfeasor

Question 7

What is the body of law associated with harm caused to plaintiffs by the action or inaction of defendants other than breaches of contract?

A) tort law
B) restorative law
C) criminal law
D) contract law

Question 8

Damages awarded in tort law are typically:

A) labor intensive
B) fixed
C) monetary
D) large

Question 9

The term _______________ literally means "thing decided".

A) prima facie
B) res ipsa loquitor
C) ipsa facie
D) res judicata

Question 10

Tort categories are defined based on the _______________ of the defendant.

A) liability
B) intent
C) harm
D) act

Question 11

_______________ torts include acts in which the defendant deliberately causes harm to another person or their property.

A) intentional
B) first degree
C) manipulative
D) reasonable

Question 12

The typical standard of care in a tort case is referred to as:

A) ordinary care
B) reasonable care
C) dutiful care
D) societal care

Question 13

Legal cause is also known as _______________ cause in tort cases.

A) but for
B) actual
C) proximate
D) occurrence

Question 14

Generally, the owners of domestic animals are _______________ liable for any injuries that their animals may cause, even if they took all precautions against an animal getting loose.

A) criminally
B) domestically
C) negligently
D) strictly

Question 15

Which defense to civil liability is exemplified by the following scenario: Jon's is injured by Pete's negligent conduct but the court determines that Jon was also negligent (25% responsible), Jon was able to recover only the percentage of his injuries caused by Pete (75% in this case)?

A) comparative negligence
B) contributory negligence
C) consent
D) immunity

Question 16

Under which defense to a tort are judges protected from civil suits for judicial actions, such as placing a dangerous man on probation who subsequently kills someone?

A) comparative negligence
B) consent
C) immunity
D) contributory negligence

Question 17

Property law in the United States is largely a product of the English:

A) statutes
B) police departments
C) kings
D) common law

Question 18

Property includes:

A) personal property
B) real property
C) intellectual property
D) all of the above

Question 19

What type of property is defined as land or permanent attachments to land?

A) personal
B) interest
C) real
D) intellectual

Question 20

In what case did the California Supreme Court determine that allowing the city to take ownership of the sports team would unnecessarily restrict business owners in the enjoyment of their property?

A) City of Los Angeles v. Los Angeles Rams
B) City of Oakland v. Oakland Raiders
C) City of Anaheim v. Anaheim Angels
D) City of Los Angeles v. Los Angeles Dodgers

Question 21

Which type of interest in real property is one wherein a person owns a piece of property?

A) nonfreehold estate
B) freehold estate
C) rental estate
D) usage estate

Question 22

Under a _______________, if one of the parties dies, under the right of survivorship that person's interest in the property may be transferred to the surviving party.

A) fee simple estate
B) nonfreehold state
C) tenancy in common
D) usage estate

Question 23

Traditionally, the time period for filing suit to obtain land from another under the doctrine of adverse possession is at least _______________ years.

A) three
B) five
C) seven
D) nine

Question 24

Under the _______________, a property owner may not use their property in such a way that it has an unreasonable, adverse effect on other property owners.

A) adverse possession
B) disturbing the peace
C) nuisance doctrine
D) tenancy in common

Question 25

What type of property includes any tangible item not connected to the land?

A) real
B) personal
C) intellectual
D) transactional

Question 26

Sofia taking her dress to the dry cleaners is an example of what personal property concept?

A) easement
B) bailment
C) adverse possession
D) nuisance

Question 27

Much of the law concerning contracts is now guided by the:

A) Administration Procedure Act
B) Contract Constitution Act
C) Uniform Commercial Code
D) Sarbanes-Oxley Act

Question 28

In contract law, what codifies a variety of principles already established by common law?

A) Uniform Commercial Code
B) Uniform Civil Code
C) International contract Code
D) Civil Contract Code

Question 29

In a contract, consideration is essentially the _______________ by a party to the agreement.

A) legal capacity
B) signature
C) authorization
D) reliance

Question 30

Which requirement of a valid contract means a person must be mentally competent and be an adult?

A) assent
B) two-party
C) legal capacity
D) legality

Question 31

Another concept crucial to the study of contract law is the notion of _______________ wherein in most contract negotiations, there is an assumption that all parties are making promises they mean to keep.

A) assent
B) legality
C) good faith
D) capacity

Question 32

In which case did the U.S. Supreme Court rule that a business could relieve itself of a labor contract (i.e., breach the contract) if a Chapter 11 bankruptcy petition had been filed, even before a bankruptcy court had approved or rejected the petition?

A) Lubitz v. Wells
B) Skinner v. Oklahoma
C) Chevron Deference
D) National Labor Relations Board v. Bildisco & Bildisco

Question 33

Which category of civil law is focused largely on the entering into and the dissolution of marriages?

A) family law
B) tort law
C) administrative law
D) contract law

Question 34

Incompetencies precluding the issuance of a marriage license include:

A) mental deficiencies
B) being under the influence of intoxicating substances at the time of application
C) being under legal age
D) all of the above

Question 35

Loving v. Virginia is an important case because it overturned a number of state statutes banning:

A) same-sex marriage
B) interracial marriage
C) marriage of prison inmates
D) marriage of "deadbeat dads"

Question 36

In which case did the U.S. Supreme Court rule that even prison inmates have a fundamental right to marry?

A) Zablocki v. Redhail
B) Turner v. Safley
C) Loving v. Virginia
D) Reynolds v. United States

Question 37

In which case did the U.S. Supreme Court rule that same-sex marriages are legal in every state?

A) Reynolds v. United States
B) United States v. Windsor
C) Turner v. Safley
D) Obergefell v. Hodges

Question 38

What is the primary reason that the majority of states have abolished common law marriages?

A) states recognize marriage to be a legal contract that carries with it rights and responsibilities for both parties
B) states do not want to have to grant common law separations or divorces due to the legal headaches
C) too many opportunities exist for evading responsibilities, fraud, and all manner of legal complications if one of the couple dies, deserts, or defaults on the implied contract
D) both a and c

Question 39

All states now have _______________ divorce, meaning there is no assumption of fault by either marriage partner for the marital breakup.

A) fault
B) no-fault
C) assumed fault
D) equal

Question 40

What is a legal declaration that a marriage never existed because the legal requirements for a valid marriage were not met?

A) divorce
B) annulment
C) fault
D) illegitimacy

Question 41

Which divorce property model is followed by most states?

A) dual-property
B) mono-property
C) all-property
D) bi-property

Question 42

In marriages with children that end in divorce, the courts also have to decide the emotional and often acrimonious issue of:

A) child custody
B) feline custody
C) canine custody
D) spousal custody

Question 43

Administrative law is also called:

A) regulatory law
B) contract law
C) property law
D) all of the above

Question 44

Article 1, section 8, of the U.S. Constitution grants Congress the _______________ (complete) power to regulate commerce.

A) regulatory
B) commercial
C) corporate
D) plenary

Question 45

The first regulatory agency in the modern sense of an agency making, enforcing, and adjudicating its own rules independent of the executive branch of the government was the:

A) Interstate Commerce Commission
B) United States Justice Department
C) Surface Transportation Board
D) Occupational Safety and Health Administration

Question 46

Administrative law is created by the administrative agencies themselves based on authority granted them by:

A) the U.S. Supreme Court
B) the President
C) Congress
D) case law

Question 47

Most disputes and regulatory infractions are settled informally by _______________ settlements.

A) involuntary
B) voluntary
C) criminal
D) judicial

Question 48

If an administrative ruling is overturned by the courts, it is based on:

A) points of law
B) fact
C) partiality
D) reluctance

Question 49

In which case was the U.S. Supreme Court asked to clear up an ambiguity in some provisions of the federal Clean Air Act?

A) National Cable & Telecommunications v. Brand X Internet Services
B) Chevron U.S.A., Inc. v. Natural Resource Defense Council, Inc.
C) Rylands v. Fletcher
D) United States v. Weitzenhoff

Question 50

When dealing with administrative regulations, if there is ambiguity or gaps in the statutes, the federal courts may then decide if an agency's interpretation is:

A) authoritative
B) regulatory
C) reasonable
D) legal

Question 51

Which crimes are conspicuously absent from the annual FBI crime tally?

A) private
B) white-collar
C) environmental
D) civil

Question 52

What section of the FBI oversees the investigation of financial fraud and supervises asset forfeitures from individuals engaged in such crimes?

A) Fraud Crimes Section
B) Asset Crimes Section
C) Financial Crimes Section
D) Forfeiture Crimes Section

Question 53

The White-Collar Crimes Penalty Enhancement Act relaxed standards for proving _______________ and penalties of up to twenty years for conviction were also included.

A) guilt
B) a crime actually occurred
C) obstruction of justice
D) collusion

Question 54

Since the 1960s there has been concern for _______________, one that is overseen by the EPA.

A) administrative justice
B) community justice
C) environmental justice
D) social justice

Question 55

Which regulatory agency has tended to center its regulatory focus on the areas of air and water pollution and hazardous waste and chemicals?

A) Food and Drug Administration
B) Occupational Safety and Health Administration
C) Environmental Protection Agency
D) Interstate Commerce Commission

Question 56

Why do regulatory agencies tend to choose to pursue civil rather than criminal penalties for violations?

A) prosecuting environmental crimes is difficult due to the frequent lack of evidence tying a corporate actor in the decision to commit the offending act
B) because most violations involve government agencies and they regulatory agencies do not have criminal jurisdiction
C) the agencies would rather pursue money than criminal violations in which no money can be obtained
D) all of the above

Question 57

Which classic strict liability case involved an environmental wrong when water from a man's textile mill reservoir overflowed and flooded the mine shafts of another man in nineteenth-century England?

A) Rylands v. Fletcher
B) United States v. Weitzenhoff
C) Chevron U.S.A., Inc. v. Natural Resource Defense Council, Inc.
D) National Cable & Telecommunications v. Brand X Internet Services

Question 58

The authors note that we have evolved a "_______________" that is preoccupied with safety and the future and with the sense that we can control the future by attending to the dangers and hazards engendered by scientific and technological advances.

A) hazardous society
B) dangerous society
C) risk society
D) blind society

Question 59

In civil law, cases involving injury to persons or property are called torts.

Question 60

Civil courts require proof by a preponderance of the evidence.

Question 61

The term "prima facie" used in civil law literally means "at first look".

Question 62

The term tort comes from the Latin tortus, meaning a crime.

Question 63

The civil law protection corresponding to the double jeopardy protection in criminal law is known as res judicata.

Question 64

In tort cases, intent is presumed when an action takes place and is differentiated from motive.

Question 65

Actual cause is also called but for cause in tort cases.

Question 66

Strict liability typically is applied to situations where a person chooses an activity that creates a risk of harm to others.

Question 67

The contributory negligence defense to a civil tort is a doctrine that attempts to apportion the responsibility among each party

Question 68

In a legal sense, easement means the right of possession or ownership.

Question 69

A fee simple estate typically involves only a right to use property.

Question 70

Under the doctrine of adverse possession, it is possible for a person to acquire an interest in another's property simply by using it.

Question 71

Under the bailment doctrine, a homeowner may be prevented from operating a slaughterhouse in a residential area.

Question 72

Personal property is sometimes referred to as intellectual property.

Question 73

The Labor Relations Code is designed to standardize trade and contract practices among merchants and businesses.

Question 74

Signatures are the backbones of contracts and become legally binding when supported by legal considerations.

Question 75

A bilateral contract is created if a promise is made by both parties.

Question 76

Marriage is a contract that carries with it rights and responsibilities for both parties.

Question 77

Ireland was the first country to allow same sex marriage in 2001.

Question 78

In Obergefell v. Hodges, the U.S. Supreme Court ruled that same-sex marriages are legal in every state.

Question 79

Declarations are legally acceptable reasons required for divorce.

Question 80

The creation of a marriage partnership requires a determination of who gets what out of that partnership.