Question 1

For a legal realist,knowing who is enforcing the law is far more important than what the law actually says.

Accepted Answer

Legal realists believe that law is not just a set of rules or principles, but is actually shaped and interpreted by those who enforce it, such as judges, attorneys, juries, and other decision-makers. Therefore, understanding the social and political context of legal enforcement is crucial for legal realism, as it helps to explain how and why certain laws and legal decisions are made. In this sense, legal realists place greater emphasis on the practical implementation and effects of the law, rather than its abstract or theoretical aspects.

Question 2

Inalienable law that is superior to human-made laws is known as the philosophy of natural law.

Accepted Answer

Natural law theory states that there are certain laws and principles that are inherent in human nature and the natural world, and these laws are superior to human-made laws. Therefore, natural law is considered inalienable and universal, and it is often seen as the foundation for human rights and moral principles.

Question 3

Law is a set of rules that are enforced by a government authority.

Accepted Answer

Law is a system of rules that are created and enforced by a government authority or other recognized institution for the purpose of regulating behavior within a society.

Question 4

Legal positivists do not believe that law is simply power,because they believe that valid law must be created pursuant to the existing rules that allow the law to be created.

Accepted Answer

Legal positivists believe that law is derived from valid sources, such as a constitution, statutes, and court decisions, and that these sources create the legal authority that makes the law valid. They do not believe that law is simply the result of those in power imposing their will upon others without any legal basis or justification.

Question 5

Uniform codes and journal articles are primary sources of law.

Accepted Answer

Uniform codes, like the Uniform Commercial Code, are considered secondary sources because they are summaries or restatements of law designed for adoption by states, while journal articles are also secondary sources as they provide commentary, analysis, or summaries of legal principles, rather than being laws themselves. Primary sources of law include statutes, regulations, case law, and constitutions.

Question 6

Legal positivists believe in the power of civil disobedience when a law is unjust.

Accepted Answer

Legal positivists believe that obedience to the law is necessary for a stable and just society. They do not advocate for civil disobedience, but instead believe that if a law is unjust, it should be changed through proper legal channels such as the legislative process or judicial review.

Question 7

Private laws are legally binding on parties who agree to it.

Accepted Answer

Private laws, also known as private agreements or contracts, are voluntarily entered into by individuals or organizations and are legally binding on those who agree to them.

Question 8

The study of law can help a business owner understand how to start and operate a business,regulation,and liability.

Accepted Answer

Studying law can provide important insights for a business owner, such as understanding legal requirements for starting a business, complying with regulations, and minimizing the risk of liability.

Question 9

Statutory law is law created by the U.S.Constitution.

Accepted Answer

Statutory law is law created by the legislative branch of government, not the U.S. Constitution. The U.S. Constitution is a source of constitutional law.

Question 10

Decisions about what we should and should not do are guided exclusively by the law and nothing else

Accepted Answer

While the law does play a significant role in guiding decision-making, it is not the only factor. Morals, ethics, personal values, cultural norms, and social expectations are also important considerations.

Question 11

Insider trading is the use of public information to buy or sell a stock to make money.

Accepted Answer

Insider trading is the use of non-public or confidential information to buy or sell a stock to make money. Using public information to make trading decisions is not considered insider trading.

Question 12

Frivolous lawsuits are permitted to advance in the legal system as most attorneys are committed to justice and fairness.

Accepted Answer

Frivolous lawsuits, by definition, lack merit and are not legitimate legal claims. Therefore, attorneys have a professional responsibility to not advance frivolous lawsuits, as it would be a violation of their ethical duties. However, it is possible for frivolous lawsuits to slip through the cracks and make their way into the legal system, but this is not because attorneys are committed to advancing them.

Question 13

A person violating a social norm or custom will face strict legal consequences.

Accepted Answer

Violating a social norm or custom may lead to social repercussions or disapproval, but it does not necessarily result in legal consequences.

Question 14

All examples of civil law are also considered criminal; they are merely tried in civil courts.

Accepted Answer

Civil law and criminal law are two separate branches of law, and cases are tried in different courts. While some cases may involve both civil and criminal law aspects, they are not the same thing and are tried separately in their respective courts.

Question 15

Public law applies only to people who work in public positions,such as people who work for the government.

Accepted Answer

Public law regulates the relationships between individuals and the government, including the exercise of public power and individual rights. It applies to everyone, not just those who work in public positions.

Question 16

Secondary sources of law are created by a recognized,legitimate law-creating authority rather than by legal scholars.

Accepted Answer

Secondary sources of law, such as legal commentaries, encyclopedias, and law review articles, are interpretations, analyses, or critiques of the law created by legal scholars and experts, not by official law-making bodies like legislatures or courts.

Question 17

Natural law is the idea that humans possess certain inalienable rights that are the products of human-made law.

Accepted Answer

Natural law is the idea that there are certain universal moral principles that are inherent in nature and can be discerned through reason or divine revelation, and that human-made laws should be based on these principles. It is not the idea that inalienable rights are products of human-made law.

Question 18

Civil rights activists never rely on natural law arguments to advance their platforms.

Accepted Answer

Civil rights activists often rely on natural law arguments to argue that certain rights are inherent to all human beings and cannot be taken away by government or society. For example, Martin Luther King Jr. frequently referenced natural law in his speeches and writings to argue for the equality of all people regardless of race.

Question 19

The requirement that a suspect be read his or her Miranda rights before being placed into police custody is an example of procedural law.

Accepted Answer

This is because Miranda rights are a procedural safeguard designed to protect the Fifth Amendment rights against self-incrimination during the criminal justice process.

Question 20

A contract outlining terms of a land sale between two companies is an example of public law in action.

Accepted Answer

A land sale contract between two companies is an example of private law, as it involves the legal rights and obligations between two private parties rather than government and citizens. Public law, on the other hand, deals with the relationship between individuals and the government or state. Examples of public law include constitutional, criminal, and administrative law.

Quiz 1: Introduction to Law