BLAW 2301 MT 01

Under the _______ theory of jurisprudence, the law is what the sovereign says it is. a. natural law b. legal positivism c. legal realism d. morality

legal positivism

A benefit of stare decisis is its ability to a. protect the rights of the states b. make the law predictable c. prevent any branch of government from gaining too much power over another branch.

make the law predictable ---------------------------------------- The principle that precedent is binding on later cases is called stare decisis, which means "let the decision stand." Stare decisis makes the law predictable and this, in turn, enables businesses and private citizens to plan intelligently.

Common law is made up of the accumulation of a. precedent b. tithing c. statutes d. federalism

precedent - judge-made law ---------------------- The accumulation of precedent, based on case after case, makes up the common law.

Checks and balances a. Gives the ability to create new laws. b. A double-layered system of government, with the national government and state governments each exercise important but limited powers. c. The principle that each of the three branches of government has power over the other two.

The principle that each of the three branches of government has power over the other two.

Judicial power a. The right to interpret laws and determine their ability b. The authority to enforce the laws c. The ability to create new laws

The right to interpret laws and determine their ability

Which of the following are the basic liberties granted by the First Amendment? a. Free speech b. Free press c. Free exercise of religion d. Right to attend school e. Right to a speedy trial

- Free speech - Free press - Free exercise of religion ---------------------- The First Amendment guarantees the rights of free speech, free press, and the free exercise of religion.

Which of the following are the two most significant achievements of The Constitution? a. Guaranteeing basic liberties to all citizens b. Creating statutes c. Establishing the president as the head of the Executive Branch d. Creating the common law e. Creating a limited government of three branches

- Guaranteeing basic liberties to all citizens - Creating a limited government of three branches

As he is walking down the street, Arlo sees a child lying in the road who seems to have been hit by a car. Since Arlo cannot be sure, he ignores the child and goes out for dinner. Unattended, the child dies in the street. Which of the following are terms that describe Arlo's actions? a. Immoral b. Moral c. Illegal d. Legal

- Immoral - Legal ---------------------- No duty to rescue

Which of the following are actions that a court has the authority to take when a defendant violates an injunction? a. Imprison the defendant b. Fine the defendant c. The court has no power to enforce an injunction d. Decide against the defendant after the trial

- Imprison the defendant - Fine the defendant --------------------------------------- Judges have the authority to issue court orders that place binding obligations on specific people or companies. Courts have the authority to IMPRISON or FINE those who violate their orders.

When a defendant stands accused of a crime, he will look to the 1.___________ 2.___________ 3.___________ to protect his rights.

1. Fourth Amendment 2. Fifth Amendment 3. Sixth Amendment ----------------------- The Fourth, Fifth, and Sixth Amendments protect the rights of any person accused of a crime.

Federalism a. Gives the ability to create new laws. b. A double-layered system of government, with the national government and state governments each exercise important but limited powers. c. The principle that each of the three branches of government has power over the other two.

A double-layered system of government, with the national government and state governments each exercise important but limited powers.

Natural Law a. Law is what the sovereign says b. An unjust law is no law at all c. Who enforces the law counts more than what is in writing

An unjust law is no law at all ---------------------------- St. Thomas Aquinas (1225-1274) answered the legal positivists even before they had spoken. In his Summa Theologica, he argued that an unjust law is no law at all and need not be obeyed. It is not enough that a sovereign makes a command. The law must have a moral basis.

Legal Realism a. Vague and sometimes difficult to determine b. Argues that lawmakers cannot overcome personal bias c. Leaves no room for questions of morality

Argues that lawmakers cannot overcome personal bias

Most government agencies are created by a. the Executive Branch b. the Senate c. Congress d. Article III

Congress ---------------------------------------- Congress passes statues, ratifies treaties and creates administrative federal agencies. Also, State Legislature passes statues on state law and creates state agencies.

The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it. This kind of case involves: a. Civil law. b. Criminal law. c. Private law. d. Procedural law.

Criminal law ----------------------- Criminal law concerns behavior so threatening that society outlaws it altogether. Most criminal laws are statutes, passed by Congress or a state legislature.

Mediation, a form of dispute resolution, has its roots in the laws of a. France b. England c. Rome

England

The primary origin of the American legal system is: a. German law. b. French law. c. Spanish law. d. English law.

English law.

Almost all statutes are created by administrative agencies. a. True b. False

False

Precedent set in South Carolina courts is binding on all courts in the U.S. a. True b. False

False

Congress interprets the law. a. True b. False

False ---------------------- The Supreme Court interprets the law

The American colonists were content to adopt many English laws, including religious restrictions. a. True b. False

False ---------------------- The colonists brought with them a basic knowledge of English law, some of which they were content to adopt as their own. Other parts, such as religious restrictions, were abhorrent to them. Many had made the dangerous trip to America precisely to escape persecution, and they were not interested in recreating their difficulties in a new land.

MATCH A & B A: Federalism Business Partnerships Precedent High regard for land B: Feudalism Sachems and the League of Iroquois On the Laws and Customs of England Tithing

Federalism - Sachems and the League of Iroquois Business partnerships - Tithing Precedent - On the Laws and Customs of England High regard for land - Feudalism

Legislative powers a. Gives the ability to create new laws. b. A double-layered system of government, with the national government and state governments each exercise important but limited powers. c. The principle that each of the three branches of government has power over the other two.

Gives the ability to create new laws.

Legal Positivism a. Law is what the sovereign says b. An unjust law is no law at all c. Who enforces the law counts more than what is in writing

Law is what the sovereign says ---------------------------- A legal positivist holds that whatever the sovereign declares to be the law is the law, whether it is right or wrong. The sovereign is the recognized political power whom citizens obey, so in the United States, both state and federal governments are sovereign.

Legal Positivism a. Vague and sometimes difficult to determine b. Argues that lawmakers cannot overcome personal bias c. Leaves no room for questions of morality

Leaves no room for questions of morality

Sam, a prosecutor, dreads trying a case in front of Judge Brainard, because the judge is a former defense attorney. In assuming that Judge Brainard is unable to overcome any pro-defense biases that she may have, Sam is applying which theory of jurisprudence? a. Legal positivism b. Common law c. Legal realism d. Natural law

Legal realism

Martin Luther King, Jr. disobeyed an injunction in Birmingham, Alabama that prohibited him from speaking publicly because he was African-American. He was jailed for his disobedience. King argued that the law in Birmingham was invalid because it was unjust. Which theory of jurisprudence was he applying?

Natural law

When Congress passes a statute, who has the power to declare the statute unconstitutional? a. The president b. Administrative agencies c. The governor of any state affected by the statute d. The Supreme Court

The Supreme Court

_________________ were a nomadic tribe that had detailed written laws during the fifth and sixth centuries A.D. a. The Visigoths b. The Romans c. The Iroquois Native Americans d. The Oneida

The Visigoths

Legislative power a. The right to interpret laws and determine their ability b. The authority to enforce the laws c. The ability to create new laws

The ability to create new laws

Executive power a. The right to interpret laws and determine their ability b. The authority to enforce the laws c. The ability to create new laws

The authority to enforce the laws

In the case Kuehn v. Pub Zone, the court ruled: a. The bar had an absolute duty to protect its patrons from harm b. The bar had a duty to protect its patrons from reasonably foreseeable harm c. When patrons enter a bar, they assume the risk of any harm that occurs .

The bar had a duty to protect its patrons from reasonably foreseeable harm

Treaties with foreign nations are as made by 1.__________ and ratified by 2. _________. They are as binding upon all 3. _________ as any 4. _________ statute. a. citizens b. federal c. the Senate d. companies e. the president f. governments g. state h. the Supreme Court i. Congress

Treaties with foreign nations are as made by THE PRESIDENT, and ratified by THE SENATE. They are as binding upon all CITIZENS as any FEDERAL statute.

In 1835, French aristocrat Alexis de Tocqueville observed that in the United States most political questions become lawsuits. a. True b. False

True ---------------------- "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question."

To pass Congress, a bill must get a simple majority vote from both The House and Senate. a. True b. False

True ---------------------- The House and Senate independently vote on the bill. To pass Congress, the bill must win a simple majority vote in each of these chambers.

Natural Law a. Vague and sometimes difficult to determine b. Argues that lawmakers cannot overcome personal bias c. Leaves no room for questions of morality

Vague and sometimes difficult to determine

Legal Realism a. Law is what the sovereign says b. An unjust law is no law at all c. Who enforces the law counts more than what is in writing

Who enforces the law counts more than what is in writing ---------------------- What counts is who enforces that law and by what process it is enforced. All of us are biased by issues such as income, education, family background, race, religion, and many other factors. These personal characteristics, they say, determine which contracts will be enforced and which ignored, why some criminals receive harsh sentences while others get off lightly, and so on.

Congress passes a bill, but the president vetoes it. Can the bill still become a statute? a. No. A bill cannot become a statute without the president's signature. b. Yes. The Senate can override the veto if 2/3 of its members vote in favor. The bill will then become a statute. c. Yes. The House of Representatives can override the veto if 2/3 of its members vote in favor. The bill will become a statute. d. Yes. Congress can override the veto if 2/3 of its members vote in favor. The bill will then become a statute.

Yes. Congress can override the veto if 2/3 of its members vote in favor. The bill will then become a statute. ---------------------------------------- To override a veto, both the House and the Senate must approve the bill by a two-thirds majority.

The system of government used by the Iroquois Native Americans and the League of the Iroquois was the inspiration for our government by providing an example of a(n): a. a written Constitution. b. Electoral College system to elect government officials. c. a two-level government, each with its own specified powers. d. three-branch government, with checks and balances.

a two-level government, each with its own specified powers.

The day-to-day work of enforcing statutes is handled by a. the executive branch b. administrative agencies c. precedent d. the legislative branch

administrative agencies

A court is set to hear Miller v. Walnut, Corp., in which the plaintiff is suing because of a severe allergic reaction he suffered after eating soup from a mislabeled can. Five years earlier, the same court decided Washington v. SnackCo involving a plaintiff who had an allergic reaction to some cookies that were mislabeled in a similar way. Based on the principle of stare decisis, the Miller judge will likely a. dismiss the case b. apply the same legal rules used in Washington c. apply a more recent legal rule from a case in a different state d. veto the statute .

apply the same legal rules used in Washington

The "bystander effect" is a term used by sociologists to mean that people in a crowd a. are much more likely to act responsibly owing to social pressure b. are much less likely to help others, because responsibility is diffused

are much less likely to help others, because responsibility is diffused ---------------------- Everyone assumes that someone else will act.

Statutes can cover any topic a. the Executive branch authorizes b. as long as they do not violate the Constitution c. covered by the Constitutional Amendments

as long as they do not violate the Constitution

Civil law a. concerns behavior so threatening society outlaws it altogether b. is judge made law based on precedent c. regulates the rights and duties between private parties

c. regulates the rights and duties between private parties

The Founding Fathers gave each of the three branches of government power over the other two branches, a concept called a. federalism b. checks and balances c. sovereignty d. fundamental rights

checks and balances

The doctrine of precedent is beneficial because it: a. ensures predictability in the court system. b. allows the president to deviate from established case law. c. ensures predictability in legislation that is passed. d. requires that legislators follow established case law.

ensures predictability in the court system.

Throughout history, we ________ had laws that we now regard as immoral. a. have b. have not

have

The court based its decision in The Oculist's Case upon the fact that a. the plaintiff was not badly hurt b. the plaintiff made a claim for breach of contract, not medical malpractice c. the doctor did not cause the harm d. the plaintiff voluntarily sought medical care

the plaintiff voluntarily sought medical care

When a judge refers to the doctrine of precedent, he is referring to: a. the principle that decisions in current cases should be based on previous rulings. b. the televising of court cases. c. the idea that principles and rules of law come from many different sources. d. the fact that much of our law is inherited from English law.

the principle that decisions in current cases should be based on previous rulings.

Jurisprudence is ______________ law. a. obeying the b. developing and influencing the c. the theory and study of d. disobeying and questioning the

the theory and study of ---------------------------- What is law? That question is the basis of a field known as jurisprudence. What is the real nature of law? Can there be such a thing as an "illegal" law?

The Founding Fathers divided governmental power into three branches because a. they copied the structure of Anglo Saxon law b. they did not want power to be centralized c. they wanted a government based on federalism

they did not want power to be centralized