Question 1

What is stare decisis? Discuss its role in the American legal system.

Accepted Answer

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Question 2

Identify three essential functions of law.

Accepted Answer

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Question 3

The doctrine of stare decisis means that:
A)the common law has not been able to evolve in a stable and predictable manner.
B)decisions can be overruled.
C)courts adhere to and rely on rules of law that they or superior courts relied on in similar decisions.
D)courts are not allowed to correct erroneous decisions or to choose among conflicting precedents.

Accepted Answer

The doctrine of stare decisis means that courts adhere to and rely on rules of law that they or superior courts relied on in similar decisions. This provides stability and predictability in the common law system. However, it does not mean that decisions cannot be overruled if they are found to be incorrect or if there is a compelling reason to do so. Courts are allowed to correct erroneous decisions or choose among conflicting precedents when necessary.

Question 4

The category of law that creates, defines, and regulates legal rights and obligations is known as:
A)substantive law.
B)procedural law.
C)Constitutional law.
D)criminal law.

Accepted Answer

Substantive law deals with the creation, definition, and regulation of legal rights and obligations. This includes laws related to property, contracts, torts, and other areas of civil law. Procedural law, on the other hand, deals with the rules and procedures that govern the conduct of legal proceedings. Constitutional law involves the interpretation and application of the United States Constitution, while criminal law deals with crimes and punishment.

Question 5

The party who files an appeal is the:
A)plaintiff.
B)appellant.
C)appellee.
D)defendant.

Accepted Answer

The party who files an appeal is known as the appellant. This party is usually the one who lost the case in the lower court and is now seeking to have a higher court review and overturn the decision. The other choices - plaintiff, appellee, and defendant - all refer to parties in a lower court case, and not necessarily the party who files an appeal.

Question 6

Discuss the concepts of "right" and "duty" under the law.

Accepted Answer

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Question 7

You have just been asked to serve as a host for a visitor from France who is very interested in the American legal system and the formation of law in the United States.How would you explain the system of law in this country to your guest?

Accepted Answer

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Question 8

Characteristics of a common law system include which of the following?
A)A common law system relies heavily on comprehensive legislative enactments and an inquisitorial system of determining disputes.
B)In a common law system, the judiciary initiates litigation, investigates pertinent facts, and conducts the presentation of evidence.
C)The common law system prevails in most of Europe and Scotland.
D)A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.

Accepted Answer

A common law system relies heavily on the judiciary as a source of law, as judges make decisions based on past precedent and custom. The system also relies on the adversary system for settling disputes, where parties present their case and the judge or jury decides the outcome. A and B are not characteristics of a common law system, and while common law does prevail in some European countries and Scotland, it is not exclusive to those regions.

Question 9

Which of the following is correct regarding the decisions of state trial courts?
A)They are generally not reported.
B)They are reported in regional reports.
C)They are reported in state court reports.
D)They are binding upon lower courts based upon the principle of stare decisis.

Accepted Answer

State trial court decisions are generally not reported, unlike appellate court decisions which are often published in state or regional reporters. Trial court decisions do not typically set precedent in the same way that higher court decisions do.

Question 10

What are the various kinds or sources of American law? Discuss how these various types of law interrelate to form the system of law in the United States.

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Question 11

What is law? Discuss the various definitions of law by legal scholars.What is the relationship between law and morality and between law and justice?

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Question 12

In the common law system of the United States, the reported opinion in a case provides what specific information that can be used to understand and apply legal analysis:

Accepted Answer

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Question 13

Explain how the terms civil law and civil law system differ.

Accepted Answer

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Question 14

Which of the following is not ordinarily a part of a reported opinion?
A)The essential facts.
B)The names of the attorneys representing the parties.
C)What pleadings are material to the issues.
D)The application of legal principles involved in the case.

Accepted Answer

The names of the attorneys representing the parties are not ordinarily a part of a reported opinion as they do not affect the legal reasoning or outcome of the case.

Question 15

A decision of an appeals court in Minnesota would be recorded in the:
A)state's statutory code.
B)Minnesota administrative code.
C)North Western regional reporter.
D)Federal Supplement.

Accepted Answer

The North Western regional reporter contains decisions from state courts in Minnesota, as well as other states in the region. The state's statutory code and administrative code are not likely to include specific court decisions, and the Federal Supplement covers federal court decisions, which would not be applicable in this case.

Question 16

The __________ is composed of a distinguished group of lawyers, judges, and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States."
A)New York City Bar
B)American Law Institute
C)National Conference of Commissioners on Uniform State Laws
D)National Reporter System

Accepted Answer

The American Law Institute is the organization that is composed of lawyers, judges, and law teachers and prepared an orderly restatement of the general common law of the United States. The New York City Bar, National Conference of Commissioners on Uniform State Laws, and National Reporter System are not specifically responsible for this task.

Question 17

Which of the following is correct regarding the English courts of equity?
A)They were presided over by a chancellor.
B)They could only award money damages.
C)They could issue a decree ordering a defendant to do or to refrain from doing a specific act.
D)Both (a) and (c) are correct.

Accepted Answer

The English courts of equity were presided over by a chancellor, and they had the power to issue a decree ordering a defendant to do or refrain from doing a specific act. This was in contrast to the common law courts, which could only award money damages. Therefore, both options (a) and (c) are correct.

Question 18

Which of the following is correct with regard to treaties in the United States legal system?
A)They have no legal effect.
B)Under the U.S.Constitution, they must be signed by the President and approved by the U.S.Senate.
C)They have no effect on business law.
D)They must be approved by the states before they have the force of law.

Accepted Answer

Treaties in the United States legal system must be signed by the President and approved by the U.S. Senate in accordance with the U.S. Constitution. They have legal effect and can impact various areas of law, including business law. However, they do not require approval from individual states.

Quiz 1: Introduction to Law

What is stare decisis? Discuss its role in the American legal system.

Identify three essential functions of law.

The doctrine of stare decisis means that:

The category of law that creates, defines, and regulates legal rights and obligations is known as:

The party who files an appeal is the:

Discuss the concepts of "right" and "duty" under the law.

You have just been asked to serve as a host for a visitor from France who is very interested in the American legal system and the formation of law in the United States.How would you explain the system of law in this country to your guest?

Characteristics of a common law system include which of the following?

Which of the following is correct regarding the decisions of state trial courts?

What are the various kinds or sources of American law? Discuss how these various types of law interrelate to form the system of law in the United States.

What is law? Discuss the various definitions of law by legal scholars.What is the relationship between law and morality and between law and justice?

In the common law system of the United States, the reported opinion in a case provides what specific information that can be used to understand and apply legal analysis:

Explain how the terms civil law and civil law system differ.

Which of the following is not ordinarily a part of a reported opinion?

A decision of an appeals court in Minnesota would be recorded in the:

The __________ is composed of a distinguished group of lawyers, judges, and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States."

Which of the following is correct regarding the English courts of equity?

Which of the following is correct with regard to treaties in the United States legal system?