Question 1

Congress has delegated the authority of making rules governing the conduct of business and labor in certain areas to the ________.

Accepted Answer

Congress has established administrative agencies to specialize in creating and enforcing rules governing specific industries and areas of society, such as the Environmental Protection Agency and the Food and Drug Administration. These agencies are given the authority to make rules and regulations on behalf of Congress in their respective fields.

Question 2

When does a pocket-veto occur?

Accepted Answer

A pocket veto occurs when the president takes no action within 10 days of receiving the bill from Congress and Congress adjourns within those 10 days. This differs from a regular veto, where the president actively rejects the bill and sends it back to Congress with their objections.

Question 3

The right of judicial review gives the ________.

Accepted Answer

The right of judicial review gives the U.S. Supreme Court the power to review and declare actions taken by the legislative and executive branches as unconstitutional. This allows the Court to check the excesses of those branches and maintain the balance of power established by the Constitution. State courts do not have ultimate power over the federal government, and the power to check the judicial and executive branches is limited to specific cases and circumstances. The administrative agencies are also subject to judicial review, but this is not the ultimate power of the Supreme Court.

Question 4

Carlos believes that most court decisions and legal doctrines are best understood as efforts to promote an efficient allocation of resources in society. Carlos adheres to the ________.

Accepted Answer

Carlos's belief aligns with the law and economics school of law, which emphasizes the importance of economic efficiency in legal analysis and decision-making.

Question 5

The executive branch of the government is composed of the ________.

Accepted Answer

The executive branch is led by the president, who is assisted by a group of advisors known as the cabinet. The president's staff also plays a significant role in the executive branch's functions. Various administrative agencies fall under the executive branch's purview, but they do not compose the branch itself. The House of Representatives and the Senate are part of the legislative branch, while federal and state courts are part of the judicial branch.

Question 6

Julia believes that the current jurisprudence reflects a male legislature and judicial system, and that women's views are underrepresented. Based on this scenario, she belongs to the ________ school of law.

Accepted Answer

Julia's belief that women's views are underrepresented and the current system reflects a male viewpoint aligns with the feminist school of law, which seeks to promote gender equality and address patriarchal biases in the legal system.

Question 7

Which of the following is true of administrative agencies?

Accepted Answer

Administrative agencies are authorized by Congress to implement and enforce laws in specific areas such as employment, trade, and safety. They have the power to create regulations and enforce them through administrative proceedings, investigations, and sanctions. While they are part of the executive branch, they are not directly under the control of the President and are considered a separate branch of government.

Question 8

Adherents of critical legal jurisprudence believe that ________.

Accepted Answer

The answer of Adherents of critical legal jurisprudence believe that...

Question 9

Which of the following is true of the Restatements of the Law?

Accepted Answer

The Restatements of the Law are not federal statutes or regulations, so A is incorrect. They are indeed frequently used by the courts as persuasive authority, so B is correct. They may be based on case law, but they are not limited to previous decisions from the U.S. Supreme Court, so C is incorrect. While the Restatements do cover torts, contracts, and agency, they are not limited to those areas of law, so D is incorrect.

Question 10

Where would one be able to find the documentation of the contents of a Congressional debate?

Accepted Answer

The Congressional Record is the official transcript of the proceedings and debates of the U.S. Congress. It includes the full text of bills, resolutions, and speeches made on the floor of the House and Senate.

Question 11

When a president vetoes a bill, what vote is necessary to override his veto?

Accepted Answer

According to the U.S. Constitution, a two-thirds vote of both the House of Representatives and the Senate is required to override a presidential veto. This means that 290 votes in the House and 67 votes in the Senate are needed to override a veto, assuming all members are present and voting.

Question 12

What happens once the full House and Senate have each passed a version of a bill?

Accepted Answer

When the full House and Senate have each passed a version of a bill, both versions are sent to a Senate-House Conference Committee for reconciliation. This committee is composed of members from both the House and Senate and is responsible for working out the differences between the House and Senate versions of the bill. Once a single version has been agreed upon, it is returned to the full House and Senate for a final vote. If the bill is passed by both chambers, it goes to the president for his signature or veto.

Question 13

What happens if the president does not sign a bill that has been passed by both houses of Congress?

Accepted Answer

If the president does not sign a bill and Congress is in session, the bill can still become law without the president's signature if it is not returned to Congress within 10 days (excluding Sundays). However, if Congress adjourns before the 10 days are up and the president has not signed the bill, it does not become law, a situation known as a "pocket veto." Therefore, the correct interpretation is that it does not automatically become law without further action; it would need a two-thirds vote to override a veto if the president explicitly vetoes it.

Question 14

The ________ school of law seeks to connect what happens in the legal system to the political-economic context within which it operates.

Accepted Answer

Critical legal studies seek to analyze law as a cultural and political system that is shaped by social, economic, and political forces. This approach is critical of the existing legal system and seeks to expose the biases and power dynamics within it. Therefore, the critical legal studies school of law aligns with the idea of connecting the legal system with the political-economic context within which it operates.

Question 15

Judicial review is ________.

Accepted Answer

Judicial review is the power of the Supreme Court to determine whether a statute or action by the government is unconstitutional. It is a key component of the system of checks and balances in the US government. The other choices do not accurately describe judicial review.

Question 16

What is the primary argument raised by traditional critics of the critical legal studies school?

Accepted Answer

Traditional critics argue that critical legal theory is too focused on critique and lacks concrete solutions for improving legal systems.

Question 17

________ constitute a compilation of our federal and state case law.

Accepted Answer

Reporters are publications that contain the written decisions of courts, which constitute a compilation of our federal and state case law. Attachments, testimonials, and garnishments are unrelated legal terms.

Question 18

Which of the following accurately illustrates the chronological process of a bill becoming a law?

Accepted Answer

The bill typically goes through the process of referral to a subcommittee, approval by the subcommittee and larger committee, affirmative vote by both houses of Congress, and finally, the president's signature. Option A is incorrect because the subcommittee approval usually comes before the bill is marked up. Option C is incorrect because the president's signature comes after the affirmative vote by both houses of Congress. Option D is incorrect because the bill first passes through the House of Representatives before going to the Senate.

Question 19

According to the critical legal studies school of law, members of society's elite have constructed an interlocking system of beliefs that ________.

Accepted Answer

The critical legal studies school of law argues that the legal system is a tool used by the elite to reinforce their established wealth and privilege. This is done through an interlocking system of beliefs and practices that favors the interests of the powerful over the interests of the less powerful.

Question 20

Which of the following would prove to be most helpful to a disciple of the American realist school?

Accepted Answer

The answer of Which of the following would prove to...

Quiz 2: Introduction to Law and the Legal Environment of Business