Question 1

The underlying theory of natural law is that:

Accepted Answer

The underlying theory of natural law is that there are inherent, universal principles of right and wrong that can be discovered and understood through reason and observation of the natural world. This idea predates modern political institutions and is not dependent on any particular government or society. Choice B is incorrect because natural law theory suggests that laws defining right and wrong should be derived from deeper moral principles, not merely imposed by government. Choice C is incorrect because natural law theory holds that these moral principles are timeless and do not change as society changes.

Question 2

Which of the following is a function of law?

Accepted Answer

All of the listed options are functions of law. Law serves to bestow benefits upon people, such as the protection of property rights and the ability to enter into enforceable contracts. It creates new obligations with which citizens must comply, such as paying taxes and obeying traffic laws. Law also proscribes certain antisocial behavior, such as theft and assault, and provides predictability and stability by establishing rules and standards that people can rely on to guide their conduct.

Question 3

When judges interpret the meaning of constitutions, statutes, and other forms of written law, __________develops.

Accepted Answer

When judges interpret the meaning of written law, they often create legal precedent through their decisions. This precedent, known as case law, guides future legal decisions and helps shape the interpretation of the law. Administrative law refers to the body of law that governs administrative agencies, while constitutional law governs the interpretation and application of the constitution. Common law refers to legal principles and precedents developed through court decisions rather than written law.

Question 4

Malum in se:

Accepted Answer

Malum in se refers to acts that are inherently evil or wrong, regardless of whether there is a specific statute that prohibits them. It is a concept often used in criminal law to describe offenses such as murder, theft, and assault, which are universally considered wrong. It is not the theoretical basis of civil law, and it is not determined solely by the legislature's definition of what is wrong.

Question 5

Which of the following is correct?

Accepted Answer

A) People are guaranteed due process of law by both state and national governments. This is a correct statement.
B) Constitutional law deals with the interpretation of federal and state constitutions. This is also a correct statement.
C) Substantive law is both civil and criminal in nature. This is incorrect because substantive law deals with the rights and obligations of individuals and organizations, while criminal law only deals with offenses against the state, and civil law only deals with disputes between individuals or organizations.
D) Administrative law is the law that controls the behavior of regulators. This is also a correct statement.
Therefore, the best choice is E because it includes all the correct statements.

Question 6

The distinction between a crime and a civil wrong:

Accepted Answer

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Question 7

The theory of law which holds that law evolves as society does is:

Accepted Answer

The sociological theory of law is based on the belief that law is shaped and evolves with society's changing values and needs. This theory also emphasizes the importance of social context in determining legal rules and standards.

Question 8

Which of the following is correct?

Accepted Answer

All of the reasons listed contribute to why people obey the law: fear of punishment, belief in the legitimacy of the law or lawmakers, habit, and the philosophical shift towards viewing government as a contract between the governed and those who govern, as proposed by John Locke, moving away from the divine right of kings.

Question 9

Bob Jones University v. United States:

Accepted Answer

The answer of Bob Jones University v. United States:
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Question 10

The theory of law which holds that law is whatever the supreme authority can command and enforce is:

Accepted Answer

The positive theory of law, also known as legal positivism, holds that law is whatever the supreme authority (such as the government) can command and enforce. This means that the content of the law is determined by the actions of the authority, rather than any inherent morality or natural law. This is in contrast to the divine right of kings, which is a political and religious doctrine that asserts a monarch is subject to no earthly authority, deriving his right to rule directly from the will of God. The sociological theory of law holds that law is shaped by social factors, such as culture and societal norms. The rationalistic theory of law focuses on the logical and coherent application of legal principles.

Question 11

When a private citizen files a lawsuit against another private citizen, this is a:

Accepted Answer

When a private citizen files a lawsuit against another private citizen, it is a civil case. A criminal case involves the government prosecuting someone for a crime. A misdemeanor is a type of criminal offense, not a type of case. A writ of certiorari is a type of order from an appellate court that directs a lower court to send up the record of a case for review, and it is not related to a citizen filing a lawsuit against another citizen.

Question 12

Natural law:

Accepted Answer

Natural law is a higher law that is believed to be universal and eternal, and may conflict with positive or man-made law. This may lead to civil disobedience when individuals feel that positive law violates their natural rights or is unjust.

Question 13

A student at your university has been denied financial aid. Which of the following is correct?

Accepted Answer

Each choice represents a different aspect of law: A) Substantive law involves the rights and duties of people. B) Procedural law deals with the methods and means by which substantive law is made and administered. C) Constitutional law governs issues related to the constitution, including discrimination based on gender. D) Administrative law pertains to the rules and regulations that governmental agencies enforce, including universities.

Question 14

Common law:

Accepted Answer

Common law is created by the decisions of judges and juries in the absence of positive law. It is based on precedents established in previous cases and can be developed and refined over time.

Question 15

Which of the following illustrates how law bestows benefits upon people?

Accepted Answer

The creation of a student loan program exemplifies how law bestows benefits upon people by providing access to funding for education. The other choices either involve imposing requirements or punishment, or increasing financial burden on individuals.

Question 16

Identify and discuss functions of law in society.

Accepted Answer

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Question 17

Define the concept of legitimacy and apply it to the law.

Accepted Answer

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Question 18

Discuss the philosophy of John Locke and its application to American political thought.

Accepted Answer

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Question 19

Compare and contrast the sources of law in society including, but not limited to, natural law, positive law; and sociological approach to law.

Accepted Answer

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Question 20

Compare and contrast the various kinds of law: substantive v. procedural, civil v. criminal, and case law v. positive law.

Accepted Answer

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Quiz 1: Introduction

The underlying theory of natural law is that:

Which of the following is a function of law?

When judges interpret the meaning of constitutions, statutes, and other forms of written law, __________develops.

Malum in se:

Which of the following is correct?

The distinction between a crime and a civil wrong:

The theory of law which holds that law evolves as society does is:

Which of the following is correct?

Bob Jones University v. United States:

The theory of law which holds that law is whatever the supreme authority can command and enforce is:

When a private citizen files a lawsuit against another private citizen, this is a:

Natural law:

A student at your university has been denied financial aid. Which of the following is correct?

Common law:

Which of the following illustrates how law bestows benefits upon people?

Identify and discuss functions of law in society.

Define the concept of legitimacy and apply it to the law.

Discuss the philosophy of John Locke and its application to American political thought.

Compare and contrast the sources of law in society including, but not limited to, natural law, positive law; and sociological approach to law.

Compare and contrast the various kinds of law: substantive v. procedural, civil v. criminal, and case law v. positive law.