Laws and Ethics Through Classifications of Laws
. Judge Moreno, a state trial court judge in Florida, decides the case that she is hearing by relying upon a recent Florida Supreme Court opinion as the basis for her ruling. This is an example of . A. Statutory law B. Case law C. Public law D. Criminal law E. Federal law
Answer B. LSB 23. Judge Moreno used case law to decide her case. It is not statutory law because Judge Moreno used another case, not his interpretation of the statute. Nothing in the fact pattern refers to statutes or to federal law, nor does the question state facts related to public or private law.
. Panem was founded on the idea that law should provide stability, order, and security. The people of Panem agreed to relinquish all of their rights to the state. Panem founders thought people's most basic considerations were inherently selfish and people are NOT naturally social beings. Which philosopher would agree with Panem founders? A. Montesquieu B. Thomas Hobbes C. John Locke D. William Blackstone E. Mark Coleridge
Answer B. LSB 7-9. Hobbes was a philosopher that was deeply pessimistic about human nature. His ideas and beliefs would be in line with the scenario above for Panem. Montesquieu focused on a balance between personal freedoms and respect for the law. Locke was a believer in natural rights and was optimistic about people's intentions. Blackstone is best known for writing Commentaries on the Common Law, stating that "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong." Mark Coleridge is not discussed in this course. LSB 7-9.
. Which of the following examples best demonstrates the fundamental principle that the rule of law must be enforced in order to have meaning? A) Judge Huck heard a case concerning a breach of contract issue. The law in his state was that all contractual ambiguities are interpreted against the drafter of the contract. Judge Huck applied this law in coming to his decision on the alleged breach of contract. B) Billy wrote a will one day but was unduly influenced by Sharon, who wished to take his entire estate when Billy passed away. However, a probate court distributing Billy's estate would not be able to enforce this will. C) Bonita wished to incorporate her company in her state but did not properly complete the certificate of incorporation paperwork. As a result, her company was not viewed as a corporation under the law. D) The city of Ballyhoo maintains speeding signs throughout its city. However, even when people are found to be speeding, these signs are not enforced. E) The laws in Newville were just recently enacted; there is little precedence on enforcing the laws. The courts are sometimes unsure about how to decide some legal issues that therefore arise.
Answer: A), LSB 6-7: A) is the answer because this is a direct application of a court enforcing a breach of contract law to a specific set of facts. LSB 6 ("A law must be enforced; otherwise, what is its meaning? A contract, a will, a corporate charter, and other legal documents have meaning because of enforceable rules (Law) concerning the documents. They have special meaning because these documents represent rights and duties a court could enforce."). B) is incorrect because a law must be enforceable in order to have meaning (thus, the will here would not be legally valid). C) is incorrect because Bonita failed to meet the statutory requirements for incorporation. D) is incorrect because a law that is not enforced has no meaning. E) is incorrect because the laws in Newville do not represent any rights or duties that a court could enforce.
. Steven is 16 years old. On Saturday, May 2nd, Steven drove over to his father's house at 9:30 PM to watch a movie. On Tuesday, May 5th, Florida makes it illegal for a minor to drive after 8:30 PM, unless it is to or from the minor's employment. Steven is arrested on Thursday, May 7th. If the charges are dismissed, it is most likely because of what? a. This is an ex post facto law. b. This is a bill of attainder. c. This is an unconstitutional violation of the due process clause. d. This is an unconstitutional violation of the commerce clause. e. This is an unreasonable law.
Answer: A. Barron's page 39. The dates were important in this question. This was not a criminal law when Steven drove to his father's house the Saturday before. This law makes a past act criminal that was not criminal when it occurred. Answer B is incorrect because a bill of attainder is a law meant to apply to only a particular person or a certain group of people (not to everyone). Nothing in the question indicates this law was created to arrest Steven. LSB 10. Answer C is incorrect because we are not told that any of Steven's "procedural protections" were violated. Barron's 33. Answer D is incorrect because the commerce clause is a part of the Constitution which gives the federal government the power to regulate interstate commerce as well as commerce with foreign countries. Barron's 669. Answer E is incorrect because everyone should be able to follow this law. It may be inconvenient, but it is something that people can obey. LSB 10.
. Common law is distinct from the Civil Law (Code system - the Roman Law). In judge-made law (the common law system), the law bubbles up from court cases, as decisions are written down and put in yearbooks. The result is that the law increasingly becomes universal, understood, and spread throughout the kingdom. Which of the following is true? a. Nowadays, the common law is found principally in English speaking countries. b. Under the Civil Law, courts are subject to stare decisis. c. Opinions from Georgia are binding in Florida. d. When the United States became a nation, law was created from a blank slate. e. None of the above.
Answer: A. LSB 100 ("The Common Law is found almost exclusively in English-speaking countries. It is law developed through court cases. It involves the use of stare decisis (precedent) when a case is from the same jurisdiction and is, in fact, a precedent."). Answer B is false because it should say common law. Answer C is false because Georgia and Florida are not in the same jurisdiction. Answer D is false because it adopted ideas from both common and civil law (See Blackstone); see also LSB 15-18 & 22-23; Barron's pages 8-19.
. Which of the following areas of law would NOT be considered Private Law? a. Criminal law b. Agency law c. Corporate law d. Partnership law e. Tort law
Answer: A. LSB 22. Private law involves relations between persons. Examples include torts, contracts, corporations, agency, partnerships, and employment - as well as commercial paper, wills, trusts, estates, property, and family law. Criminal law is classified as public law, because it "affects the interests of society as a whole," not just an individual person. LSB 22.
. Bob the Lawyer has tried many cases in the past. On the start of each case he is able to put all his old cases behind him to focus on the current case. However, there are some details he should not disregard. What are these? A. Procedure B. Stare Decisis C. Substance D. Equity E. Statute (Code)
Answer: A. LSB 26. We learn that procedural law is the "means of enforcing substantive law," such as the "rules for conducting litigation." In this scenario Bob the Lawyer can forget the Substantive Law from his previous cases to allow him to absorb his current cases facts. However, he cannot neglect the Procedural Law of how to present the case to the court successfully and correctly. Procedural Law is why lawyers tend to be hired—they can represent their client's cases with the proper procedure required. Stare decisis does not involve details. Stare decisis is not really "details" and is not the correct word - precedent. This is just the doctrine of following precedent (somewhat comparable to saying - "do not disregard gravity," as opposed to saying, "do not disregard the apples that have fallen to the ground."
. Michael was arrested for financial abuse of the elderly. As soon as Michael saw the officer he yelled, "you'll never find the money!" When the police officer was placing him in cuffs the officer said, "you have the right to remain silent. Anything you say may be used as evidence against you. You have the right to speak to an attorney before being questioned and to have an attorney present during questioning. If you cannot afford an attorney, you have the right to have an attorney appointed for you prior to questioning. Do you understand these rights? Understanding these rights, do you wish to answer my questions?" Do the officer's statements satisfy the requirements of Miranda v. Arizona? A. Yes. The officer advised Michael of his rights in accordance of Miranda v. Arizona. B. No. The officer did not advise Michael of his right to a phone call. C. Yes. Michael waived his rights by not remaining silent. D. No. The officer did not tell Michael that he is innocent until proven guilty. E. No. Miranda v. Arizona is a case about search warrants.
Answer: A. LSB 3-4. The officer read Michael his Miranda rights in accordance of Miranda v. Arizona. Waiver of rights must be made voluntarily, knowingly and intelligently.
. Jon was asked by his plaintiff-team to retrieve a Red Fire Truck case that would support the team's argument. Jon had just gotten out of law school three weeks earlier and was unsure what a Red Fire Truck case is. So, he asked his lawyer friend for help telling him what a Red Fire Truck case is. Which of the following explanation would Jon's friend give to Jon (assuming the friend knows what he is talking about)? A) In order to prevent the defense from stating that the case used by the plaintiff-team to support its argument did not match the case at hand, a Red Fire Truck case is needed. B) The case the plaintiff-team is dealing with involves a Red Fire Truck, and another case involving a Red Fire Truck is needed to support the team's argument. C) A Red Fire Truck case refers to a case that is imperative to the final decision given by the judge. Thus, Jon is looking for a case that will help the plaintiff win the final judgment. D) Because of Jon's inexperience, the plaintiff-team has given Jon a separate case that is not relevant to the main case, thus called a Red Fire Truck case. E) None of the above
Answer: A. Lecture, very early in the semester, about precedent.
. Rachel agrees to babysit for Trenton on Friday in exchange for $75. Rachel babysits on Friday, but Trenton refuses to pay her. Rachel sues Trenton for breach of contract. Which category of law does this situation fall under? A) Public Law B) Private Law C) Statutory Law D) Criminal Law E) Case Law
Answer: B (Barron's pages 16-17 & LSB 22) ("Private law involves relations between persons (individuals or business entities). Examples include most of the areas discussed in this text- torts, contracts, corporations, agency, partnerships, and employment- as well as commercial paper, wills, trusts, estates, property, and family law").
. We have, in the United States, constitutional amendments. a. 10 b. 27 c. 29 d. 52 e. None of the above.
Answer: B LSB 46. "Over the past two centuries, more than ten thousand proposed Constitutional amendments have been introduced in Congress. There have been long stretches without formal amending of the Constitution- only 27 successful Amendments, and ten were in the Bill of Rights by 1791."
. Administrative, constitutional, criminal, and tax law are all examples of what kind of law? Pick the best answer. A. Private B. Public C. Civil D. Case E. Code
Answer: B, LSB 22; Barron's pages 3-4. Tax law, constitutional law, administrative law, and criminal law are all example of public law because they deal with relationships between individuals and the government. Public law affects society as a whole. Private law involves relations between persons. This includes torts, contracts, etc. LSB 22. Civil law involves non-criminal wrongs between people or businesses. LSB 14. Case law is based on court cases and creates precedents. LSB 23. Code law refers to statutory law and is based on statutes/laws. This includes criminal law, administrative law, etc. LSB 23.
When Sara stole an apple from the grocery store, her mother made her return it. Sara complained that it was just one apple and the store would not notice. Her mother explained that if she began stealing apples, she would soon move on to stealing bigger things and start leading a dangerous life. Her mother said she would end up in jail because she would eventually get caught and she would live the rest of her life in a cell. Her mother is using the/a: A) Penumbra B) Slippery slope argument C) Full Faith and Credit Clause D) Peremptory challenge E) None of the above
Answer: B. A slippery slope argument is an argument that an action apparently unobjectionable in itself would set in motion a train of events leading ultimately to an undesirable outcome. LSB 45. Answer A is incorrect because the penumbra is a group of rights derived implicitly from explicitly stated rights. Answer C is incorrect because the "full faith and credit clause" means "that other states must recognize the validity of a civil or criminal judgment as it specifically affects the rights and duties of the par- ties subject to that judgment." Barron's 59. Answer D is incorrect because a peremptory challenge is when an attorney rejects a juror without providing a reason. Barron's page 72.
. A federal law has recently been passed. The federal law prevents the disclosure of personal financial information in litigation unless there is a compelling public interest which is served by such disclosure. A state seeks to pass a state law which would further regulate the disclosure of personal financial information in litigation. Which of the following laws could a state pass? a. A state seeks to pass a law which weakens privacy protections against the disclosure of personal financial information where the disclosure is relevant and proportional to ongoing litigation. b. A state seeks to pass a law which extends the privacy protection offered under federal law to require a four-part balancing test to determine whether the disclosure of personal financial information in litigation satisfies a compelling public interest. c. A state seeks to pass a law which removes the privacy protection offered by federal law; this state law effectively nullifies the protections offered to individual litigants in ongoing legal disputes. d. A state seeks to pass a law which allows for the disclosure of personal financial information in litigation where disclosure could potentially serve public interest. No compelling public interest is necessary, only a general public interest. e. A state seeks to pass a law which closely mirrors the language used in the federal law. The only substantive difference is the removal of protection of financial information where the person sued is a public official or governmental officer.
Answer: B. A state may extend protections offered by federal law but cannot limit them. The rue is that a state cannot deprive citizens of federal rights, but it can extend protections beyond those in the federal documents. State constitutions can be the basis of substantial rights that are unavailable under federal law. LSB 34-36. Here, Answers A, C, D, and E all weaken the privacy protections offered under the Federal Law. As such, they are unconstitutional and preempted by the Federal law. Answer B uses the specific language "extends the privacy protection offered under federal law." This comports with the rule.
. Murdock was a daredevil and loved the adrenaline of stunts, but his neighbors quickly grew tired of his antics. After his last stunt involving fireworks and an explosion in his backyard, his neighbors decided to support a proposed law. The law would, at last, specifically make it illegal to do stunts in residential backyards. The next day, after the law passed, Murdock is served a summons. True or False: Since Murdock violated the newly formed law, he can be found guilty. a. True, because Murdock should have known such actions were frowned upon. b. False, because it was not illegal at the time he did the stunt. c. False, because such a law is not legitimate. d. True, because it was illegal when he was given notice. e. False, because it is unlikely to pass a "strict scrutiny" standard
Answer: B. Barron's 39. The Constitution protects people from ex post facto laws. This means Murdock cannot get in trouble for something that was not illegal in the first place.
. Which judicial actions best represent stare decisis? The judge decides to: a) Create a new area of legal analysis citing a modern trend b) Follow a higher court's ruling on the legal issue before the court c) Follow a district court's ruling on the legal issue before the court d) Agreeing with the Restatement of the Law summary of the legal issue before the court e) Two or more answers are correct
Answer: B. Barron's page 9; LSB 16. Stare decisis binds all of the lower courts in a jurisdiction to determinations rendered by the higher courts in that same jurisdiction.
. What is the best, and thus, least overbroad, definition of common law? A. The understanding of the law among the general public B. Law developed through court decisions C. Law that applies in every state D. Unwritten law (until written down by commentators such as Blackstone) E. A legal system that started with William the Conqueror.
Answer: B. Common law is developed through court decisions. LSB 16. "Stare decisis is the common law doctrine that courts follow (abide by) the precedents... Stare decisis binds all of the lower courts of a jurisdiction to determinations rendered by the highest court in that same jurisdiction." Two answers that are somewhat tricky are "C" and "E." Although common law has the word "common" in it, it does not mean that the laws are the same everywhere. For instance, Florida and California both use common law, but they do not have the exact same state laws. Answer E is also tricky because William the Conqueror did play a significant role in the common law's standardization. However, he did not start it, making the answer choice incorrect. LSB 15-16.
. Alan and Nick are arguing about the different codes of law. Nick's main argument is that law is not God-given--rulers should also have to obey the law. What code of law serves as the earliest (oldest) basis for Nick's argument? A) Justinian Code B) Code of Solon C) Napoleonic Code D) Code of Hammurabi E) Code of Socrates
Answer: B. LSB 14 ("The Code of Solon was adopted in 594 B.C. It encouraged law's adaptability and people's power to shape the law. Other notions found in the Code of Solon were state protection of property, a rudimentary form of democracy, and the notion of law springing from and dependent upon a consenting citizenry. In effect, the citizens rule themselves.") The Justinian Code was created in 553 A.D. and it is the beginning of Civil Law. Under the Justinian Code, laws are not God-given, but rather a "systemized series of laws." However, it is not the oldest. LSB 15. The Napoleonic Code combines Enlightenment ideals with Roman Law (Justinian Code). It went into effect in 1804. LSB 15. The Code of Hammurabi was instituted in 1792 B.C. This code is known for containing Lex Talionis (law of retaliation). Although this is one of the oldest known codes, people believed God gave these laws to Hammurabi. LSB 14-15. Finally, the Code of Socrates is not discussed in the class.
. Josh and Meg are siblings and like to prank each other. One day, Meg puts hair dye in Josh's shampoo. Josh decides to get back at her and places body paint in Meg's soap. This is an example of what? a. Utilitarianism b. Lex talionis c. Lex Non Scripta d. Code of Solon e. Lex Civilis
Answer: B. LSB 14. Lex Talionis concerns "eye for an eye" revenge. Even though Josh may have elevated the stakes, it is still revenge. Utilitarianism is the concept of taking action for the "greatest good for the greatest number," which Josh does not display when replacing Meg's soap. LSB 81. Code of Solon strengthens the idea of "law's adaptability" and "people's power to shape the law." LSB 14. Lex Civilis is the Latin term for Civil Law. LSB 15. Lex Non Scripta is not discussed in this course.
. A court system in which cases are decided based on the decisions of previous cases would most likely be found in which of the following countries? A) China B) New Zealand C) France D) Egypt E) Germany
Answer: B. LSB 16. Example of Case Law. "Nowadays, the common law is found principally in English-speaking countries: the United Kingdom, the United States, Canada, Austrailia, New Zealand, and - to a lesser extent- India and some Asian, African and Caribbean nations colonized by the British."
. Which of the following is not a reason for overcoming stare decisis? A. Changed times and attitudes B. Contrary moral opinions C. New technology and science D. Conflicting precedents E. Changes in statutes
Answer: B. LSB 16. Overcoming stare decisis is rare. We hear about it because it is so unusual and often very important [e.g., Brown v. Board of Education, 347 U.S. 483 (the 1954 Supreme Court decision overturning "separate but equal" segregation of the races in the public schools)]. Arguments for overcoming stare decisis are: (1) changed times (e.g., business practices); (2) changed attitudes (society) and norms; (3) new technology and science; (4) error in the prior case; (5) conflicting precedents; and (6) changes in statutes.
. Rights under the 6th amendment include all of the following except the right to: a. A trial b. Select the prosecutor c. Information d. Confront witnesses e. A lawyer
Answer: B; Lecture; LSB 32; Barron's page 430. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law."
. Mr. Holmes was drafting the Constitution for his new country, Baskervilles. Tyranny was rampant in the country where Mr. Holmes previously lived, so Mr. Holmes wanted Baskervilles to be a country that supported freedom. Therefore, he decided that the Baskervilles government should have a separation of powers as well as checks and balances in order to help preserve political liberty. Which philosopher would agree with the ideals upon which Mr. Holmes founded Baskervilles? A. Blackstone B. Montesquieu C. Locke D. Machiavelli E. Bentham
Answer: B; Source: LSB 8. Montesquieu was a legal and political philosopher that based his philosophy on the separation of powers. His value of freedom led him to come up with the idea of checks and balances. The U.S. Constitution adopts this philosophy with the separation of branches of government into legislative, executive, and judicial. Answer A is incorrect because the LSB discusses Blackstone's commentary on the Common Law system. LSB 18. Although Locke believed that a government should help support freedom, he is not known for separation of powers or checks and balances, at least not at all like Montesquieu is, thus making Answer C incorrect. LSB 8. Answer D is incorrect; Machiavelli is only briefly mentioned in the course, and Machiavelli is known for advocating in his book, "The Prince," an approach that allows the ruler to behave in an amoral, authoritarian manner. Finally, Answer E is incorrect because Bentham is known for being a utilitarian. LSB 81.
. Under the commerce clause A) The federal government's authority was limited to only facilitating the free flow of commerce and did not extend to prohibiting goods from entering the market. B) Congress may lose the authority to regulate an activity if it leaves the activity unregulated for too long. C) Judges could strike down state laws that interfered with the free flow of interstate commerce, even if they did not conflict with an actual federal statute. D) Congress could not require individuals to enter the market in interstate commerce E) the states have no power to impact any commercial activity which has an effect on interstate
Answer: C. Barron's page 30 ("The affectation doctrine: as long as the activity sought to be regulated affects interstate commerce, it is within Congressional regulatory authority.")
. Brown v. Board of Education dealt most closely with which amendment to the U.S. Constitution? a. 5th. b. 9th. c. 14th. d. 4th. e. 10th.
Answer: C. Barron's page 34. "Brown v. Board of Education, 347 U.S. 483 (1954) (outlawing state-mandated racially segregated public schools)." The case dealt with the equal protection clause found in the Constitution's 14th Amendment. The 5th Amendment says, among other things, that people must have a grand jury for federal, capital, or infamous crimes. Barron's page 32. The 9th Amendment says, "The rights of people are not limited to the Constitution." Barron's page 32. The 4th Amendment prohibits illegal searches and seizures. Barron's page 32. The 10th Amendment says, "Powers the Constitution does not delegate to the national government are reserved to the people and the states." Barron's page 32.
What does the doctrine of precedent mean? A. Judges are bound by statute. B. Judges must decide the case on the facts. C. Judges must apply the law set out in the relevant decisions of higher courts in the same jurisdiction and sometimes courts of the same standing (level) in the same jurisdiction. D. Judges may apply the law set out in relevant decisions of previous superior courts and sometimes courts of the same standing. E. Judges resolve disputes on a case-by-case basis
Answer: C. Barron's page 9. LSB 16. "Stare decisis is the common law doctrine that courts follow (abide by) the precedents."
. Robert and his neighbor were in court over an incident involving two chickens, a brownie, and a wood chip blower. Robert was certain that the facts would support his case. When the judge ruled, she found Robert liable based on the state supreme court's decision in another case also involving two chickens, a brownie, and wood chip blower. Robert was shocked. What principle did the judge follow? a. Statute (Code) b. Habeas Corpus c. Stare decisis d. Procedural Law e. Substantive Laws
Answer: C. Barron's page 9; LSB 16. Stare decisis is Latin for "let the decision stand." Stare decisis distinguishes the common law from civil law system and binds all of the lower courts of a jurisdiction to determinations rendered by the highest court in that same jurisdiction. Statutes were not used in this case because the question does not mention any laws, just a case that was similar to the one at hand. LSB 24. Habeas Corpus is a "judicial order that a government official produce a detained or imprisoned person in an action testing the legality of that detention or imprisonment." Barron's page 711. Procedural and Substantive law are the laws and the means of enforcing those laws. LSB 26.
. Domingo, a resident of Florida, believes that Jim, a Kentucky resident, wrongfully harmed Domingo in an automobile accident. The accident took place in Domingo's home state (Florida). When Domingo researches online to see if he has a case to sue Jim successfully, Domingo comes across a case with facts and issues similar to what happened in the Florida accident; this case took place in North Carolina. If Domingo sues Jim in Florida and tries to use this case to prove Jim's wrongdoing, the judge probably would: A) Agree with Domingo that the case in North Carolina establishes precedent, and thus the judge must rule on Domingo's behalf B) Agree with Domingo that the case in North Carolina establishes precedent, and thus the judge will have the case tried in North Carolina C) Use the North Carolina case as guidance, although the judge would be free to establish his/her own decision. D) Use North Carolina case as guidance and use Stare Decisis to overturn it E) None of the Above
Answer: C. Barron's pages 42-43; LSB 17-18. State judges can refer to court opinions from other states as "guidance," but ultimately make their own ruling - are not bound to the reasoning, let alone holdings, found in another state.
. In 2015, Florida's 3rd District Court of Appeal (DCA) determined that pet owners could not sue a veterinarian for negligence. In the same year, Florida's 5th District Court of Appeals determined that pet owners could sue a veterinarian for negligence. In 2016, the Florida Supreme Court determined that pet owners could sue a veterinarian for negligence. Tony lives in an area governed by the rulings of the 3rd DCA and wants to sue his veterinarian for negligence. Based on the precedent, could Tony bring a suit against his veterinarian for negligence? A. No, the precedent set by the 3rd DCA would bar Tony's claim. B. Yes, whenever there is conflicting precedent amongst DCAs, no suits concerning that conflict can be barred. C. Yes, the Florida Supreme Court's holdings are binding on all lower Florida courts. D. Maybe, if Tony's suit should make it to trial, the jury must determine whether or not to follow the precedent. E. Both B and C
Answer: C. LSB 16. See Barron's page 9 (Stare decisis binds all of the lower courts of a jurisdiction to determinations rendered by the highest court in that same jurisdiction. But the high court that issues a decision can itself change its mind, and - unless a decision is based on the national or state constitution - the legislature can overturn a court opinion via new legislation).
. Theresa was recently in a car accident. The other driver was texting and driving and drove through a stop sign, striking Theresa's vehicle. Theresa was taken to the hospital by ambulance and received treatment to determine whether she had any injuries from the car accident. Fortunately, Theresa did not have any damages, but it took her one trip to the hospital by ambulance, one X-Ray, one MRI scan, and one blood test to figure it out. Now she owes the hospital $3,000 for these tests and fees. A recent court opinion was released holding that a plaintiff in a car accident is entitled to receive compensation for the medical expenses he or she incurs in efforts to determine if there are any injuries from the collision. If Theresa files suit in Florida state trial court, will the court be bound to follow this other recent court holding? a. Not if it was from the U.S. Supreme Court because Supreme Court decisions are binding only on federal courts. b. Yes if it was from a Georgia state court because both are in the Southeast. c. Not if it was from another Florida state trial court d. Yes if it was from another Florida state trial court e. Not if Theresa files in an American court (i.e., if common law is followed)
Answer: C. LSB 17-18. (A) is incorrect because Supreme Court decisions are binding on all federal and state courts (B) is incorrect because Georgia is in another jurisdiction and opinions from other jurisdictions are not precedent (C) is correct because while it may be a persuasive authority, a state trial court decision will not bind other trial courts (D) is incorrect; state trial court decisions do not bind other trial courts (E) is incorrect because common law does in fact focus on precedent. Examples: The precedent in a Florida state court would be holdings by higher state courts. A Florida Supreme Court holding: could be precedent over all state courts. A Florida District Court of Appeals holding: precedent for that one appeals court and for the Circuit and County courts in that District) A Circuit Court holding: precedent for that circuit court and for the county courts in the circuit. Usually, differences involving judicial legal interpretations are on a topic where differing views of the law are understandable. It is NOT a matter of one judge going off the tracks. If he/she did, there probably would be good grounds for an appeal challenging that judge's ruling. Of course, there is potential chaos. And that does lead to uncertainly. Most courts would not rule differently on the law - there usually tends to be a consensus. But, when courts at the same level do have a different take on a legal concept, that is the type of problem that can be solved by either a higher court in the same jurisdiction resolving the issue by reviewing an appeal and declaring what is the correct legal interpretation (usually that means picking the lower court approach that the higher court finds persuasive), or by legislative action (unless it is a constitutional difference of opinion, the legislature passes a statute to repair the schism in the law and declare what the law actually is, from now on).
. How many Amendments are there to the U.S. Constitution? a. 10 b. 21 c. 27 d. 29 e. 32
Answer: C. LSB 35, 46. "Only 27 successful Amendments..." The Bill of Rights includes the first 10 amendments, but there are 27 amendments total in the Constitution. LSB 32.
. Which of the following is not an example of substantive law? A) The law of Torts B) The law of Contracts C) Procedural Law D) Employment Law E) Corporate Law
Answer: C. Lecture; Barron's page 11; The example about Substantive versus Procedural Law - Track and Field Example. The best way to answer this question is to know the definition of both substantive law and procedural law. Substantive law is the law that defines legal relations, rights, and obligations. Procedural law is a means of enforcing substantive law. Therefore, based on the definition, tort law, contract law, employment law, and corporate law all classify as substantive law while procedural law does not. LSB 26
A code of law(s) is a: A. Method for trial lawyers to communicate with each other. B. Collection of judicial decisions. C. Collection of statutes. D. Collection of legal customs and traditions. E. Collection of rules governing the behavior of business.
Answer: C. The Civil Law depends almost entirely upon (or, at least, profoundly emphasizes) systematized statutes (codes). It also helps to know that a code is a collection of laws (statutes). LSB 13.
. Which of the following has the oldest Constitution that is still in effect today? a. United States b. England c. Massachusetts d. New Hampshire e. Great Britain
Answer: C: LSB 31. Per the lecture and the questioning of student volunteers, the Massachusetts constitution is the oldest. Again, per the lecture, the U.S. Constitution is the oldest national constitution still in effect. State constitutions are both much longer and (except for two states) newer than the US Constitution. Most states formed after the United States came into existence and nearly all states have new constitutions which replaced their original constitutions. But, not so for Massachusetts! "The only two state constitutions older than the federal constitution, albeit with well over 100 amendments each, are Massachusetts' (1780) and New Hampshire's (1784)." LSB 35 n.45; Lectures.
. Philosopher I was an optimist. He saw Law as an instrument to help people do what they desired. He lived in the Age of Enlightenment, and his writings had a great influence on the founding fathers of the United States. Philosopher II served on the board of directors at a hospital, and when he died reputedly only included the hospital in his will if it would keep him as a "member" of the board? Philosopher III, while mired in the midst of a bloody civil war, said that life is "short, nasty, poor, and brutish." Please identify these three philosophers. A) I - Thomas Hobbes; II - Oliver Wendell Holmes Jr.; III - John Locke B) I - Oliver Cromwell; II -George Bernard Shaw; III -Oliver Wendell Holmes, Jr. C) I - John Locke; II - Jeremy Bentham; III - Thomas Hobbes D) I - Oliver Wendell Holmes, Jr.; II - Immanuel Kant; III - Aristotle E) I - Aristotle; II -Thomas Hobbes; Niccolo Machiavelli
Answer: C; Source: Lectures; LSB 7-9. Hobbes was deeply pessimistic, perhaps because he lived during the English Civil War and had to live many years in exile from his native England. Locke lived in happier times, in the generation after Hobbes, and perhaps that led to Locke's having a more positive view of humanity. Locke lived during the Age of Enlightenment. Immediately, you can tell that Answer A is incorrect because philosophers I and III are switched. Hobbes and Locke had differing opinions on human nature. Answers B, D, and E are incorrect because they identify people who are not discussed in the course as one of the philosophers.
. Sarah and her husband are going through a divorce. She pays a hefty retainer to hire a well-dressed lawyer who excels in theatrics. Her strategy is to hire the lawyer most likely to sway the jury to her side. When Sarah arrives in court, she realizes that her plan turned out to be a failure as there is only a judge and no jury. What type of system is Sarah in? a. Common Law b. Procedural Law c. Substantive Law d. Equity e. Civil Law
Answer: D. Barron's page 10 ("Although law and equity are today merged into a common system in which equity principles are cited freely, the old equity domain (injunctive relief, specific performance of contract, contract modification, family law, divorce) is particularly influenced by the idea of fairness and is deliberatley more relaxed in its concept of justice. Also, jury trial is not available in an equity-type proceeding, the jury having been a feature of the common law courts.")
. The power to tax was brought into question in NFIB v. Sebelius in 2012. The tax was upheld because: a. It affected interstate commerce b. It was intended to penalize individuals who did not follow the ACA c. Congress has the power to spend for the general welfare d. The penalties were taxes intended to raise money, not serve as punishments e. Of the divisions of federalism
Answer: D. Barron's page 31. "If...[a] measure is intended to punish rather than to raise money, it is likely to be judged as an invalid penalty rather than a valid tax" (page 31). Therefore, the ACA's penalties were within Congressional authority as a valid tax.
. Under the doctrine of stare decisis: A. A lower court must follow only statutory laws. B. Common laws must be codified. C. A lower court must follow its own precedent in a later case involving the same issue. D. A lower court must uphold decisions reached by higher courts of appeal (from that same jurisdiction and from the Supreme Court). E. The following of precedent is a matter of dicta.
Answer: D. Because of the doctrine of stare decisis, lower courts must uphold decisions reached by higher courts of appeal or the Supreme Court. A court may overturn its own precedents. See LSB 16, Barron's, and Lectures.
. Cole is not a fan of a recently passed law. He believes it is morally wrong and has tried to convince the government to void the statute. His attempts fail, and Cole decides to protest the law by breaking it. This is an example of: a. Whistleblowing b. Ultra Vires c. Lex Talionis d. Civil Disobedience e. The red light / green light phenomenon
Answer: D. LSB 11-12. Cole is challenging the law by breaking it and accepting the consequences. Whistleblowing involves letting out a secret of illegal activity and a law is not likely to be a secret. LSB 50, 170-171. Ultra vires means "beyond the power of the corporation," referring to corporate officers not following proper procedures to enact corporate actions. LSB 178. Lex Talionis is Latin for law of retaliation and is referenced on page 14 of the LSB when we discussed Hammurabi's Code.
. In order for a common law judge to make a decision, what helps him find the law he/she must apply? A) Lex Talionis B) Lex Civilis C) Ratio decidendi D) Stare Decisis E) Obiter Dicta
Answer: D. LSB 16; Barron's page 9. Common law judges have more of a role developing the law than do Civil Law judges; but - as part of an adversarial system - common law judges usually have less of a role finding and developing the facts in a case than do Civil Law judges presiding over cases in an inquisitorial system. The common law is found almost exclusively in English- speaking countries. Stare decisis and precedent (very much related) are underlying principles of common law, while judge-made law is not necessarily a principle but more an effect (a sometimes extremely controversial effect!) of following the common law. Answer A is incorrect because Lex Talionis refers to the law of retaliation, which is a part of the Code of Hammurabi. LSB 14. Answer B is incorrect because it refers to the Civil Law, which a common law judge would not use to make decisions. LSB 15. Answer C is incorrect because Ratio decidendi are "the words which constitute the reason for a decision." LSB 17. Answer E is incorrect because Obiter Dicta are "the non-binding words - the explanation or commentary." LSB 17.
. Angela is the governor of Alabama. Angela recently implemented a new state law on foreign policy applicable exclusively within the Alabama border. Rachel, a resident of Alabama, files a case in Alabama federal court questioning the constitutionality of this new law. Is it constitutional? Why or why not? a. Yes, it is constitutional. Under the notion of dual sovereignty, the states have their own sovereign powers to govern their territories b. No, it is not constitutional. The Articles of Confederation specifically outline the limits of state powers. c. Yes, it is constitutional because it is a domestic law. d. No, it is not constitutional. The states do not have jurisdiction over foreign policy. e. Yes, it is constitutional. State constitutions give governors power to exclusively enact state laws.
Answer: D. LSB 25-26. Foreign policy is exclusively within federal jurisdiction. States cannot make their own laws on foreign policy.
. Talia is accused of arson. She allegedly set a school on fire. Which amendment would give her the protection of the right to a speedy trial? A. 1st B. 3rd C. 4th D. 6th E. 11th
Answer: D. LSB 32—the right to a speedy trial is guaranteed by the 6th amendment. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial." The 1st amendment states that the government cannot interfere with freedom of speech, press, religion, and assembly. The 3rd amendment says, "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law." The 4th amendment prohibits "unreasonable searches and seizures." LSB 32. The 11th amendment further protects the balance between the powers of the federal government and the states by granting immunity to states sued in federal court LSB 25.
. Imagine you are sitting at home on a Wednesday night ready to watch your favorite television program, Jeopardy. You notice that one of the categories includes answers relating to the competing definitions of law, and you are ecstatic since you are in BUL4310 and will know the answers! • The first answer worth $200 is the following: This person believed that the law should provide order, security and stability. • The second answer worth $600 is the following: This person published The Spirit of Laws. • The final $1,000 answer is: This person's writings were extremely influential during the development of the U.S. Constitution. Which of the following names are in the correct order with respect to the Jeopardy answers (which always come in the form of a question)? NOTE: The first name is the $200 Jeopardy answer, the second name is the $600 answer, and the last name is the $1,000 answer. A. Who is Hobbes? Who is Locke? Who is Montesquieu? B. Who is Montesquieu? Who is Locke? Who is Hobbs? C. Who is Locke? Who is Hobbs? Who is Blackstone? D. Who is Hobbes? Who is Montesquieu? Who is Locke? E. Who is Hobbes? Who is Montesquieu? Who is Blackstone?
Answer: D. LSB 7-9. Hobbes believed that law is order and that law should provide stability, order, and security. Montesquieu published The Spirit of Laws in 1748. Finally, Locke's writings were very influential at the time of the American Revolution and the development of the U.S. Constitution.
. Which Constitutional Amendment protects citizens from violations of due process? A. The 8th Amendment B. The 6th Amendment C. The 1st Amendment D. The 14th Amendment E. The 2nd Amendment
Answer: D. See the Constitution for more details - LSB 32. LSB 32 notes, among other things, that the protections in the 1st, 2nd, 4th, 5th, 6th, and 8th Amendments are almost entirely incorporated into the due process clause of the 14th Amendment. One could say that each of the first three answers has some rationales for being selected when a state or related entity (state agency, municipal government, etc.) is accused of violating that amendment, because a violation of the basic express provision of one of those amendments (e.g., the First Amendment's free speech clause or the 8th Amendment's provision against cruel and unusual punishment) can only be pursued because the 14th Amendment's due process clause applies that part of the Bill of Rights to the states. But answer D is so much more direct and covers the possibilities much more. Most 14th Amendment cases involve due process, and thus D is a better answer than the other answers, which only arise indirectly. Remember: violation of due process is covered in the 5th or 14th Amendments (LSB 31, 3rd paragraph).
. Examine the following sentence and citation: The court held that the exemption "can be invoked to stop the release of documents not originally created for law enforcement reasons." Jane Dee Agency v. Jane Dee Corp., 123 U.S. 232, 246-47 (1987) (Stevens, J., dissenting). Where in the opinion can the quoted section be found? a. Section 123 b. Page 232 c. Page 232-247 d. Pages 246-247 e. Paragraph 246
Answer: D. This citation means that the official court decision is in the 123rd volume of the U.S. Reports, starting at page 232. The quotation derived from the court opinion starts on page 246 and goes through to page 247. LSB 4-5. A helpful "formula" for citing a decision is: Appellant v. Appellee, Volume Book/Report Page #, Quotation Page #.
. The Sixth Circuit Court of Appeals just completed hearing arguments and was in the process of writing the opinion for the case. The court relied on established precedents in its circuit to write the opinion and hand down the order. This is an example of the court utilizing what system of law? a. Civil Law b. Jurisprudence Law c. Authoritarian Code d. Ethical Law e. Common Law
Answer: E) LSB 15, Barron's page 8: Common law is the overall accumulation of judicial decisions that utilizes case law to create a uniform law to be applied. The court here is relying on judicial precedents in formulating the present case's opinion. A) Civil law is not correct because civil law is the other major system of law that utilizes a written code that is intended to be the entire statement of the law. B) Jurisprudence Law is not correct because jurisprudence is the science or philosophy of law, not a system of law. C) Authoritarian Code is a form of law that would not use case law in coming to a decision. D) is also incorrect because ethical law would be as result of judge-made law and does not accurately represent the system of law described.
One of the major advantages of dispute resolution through the common law is: A. Every state follows the same judicial procedures. B. Stare decisis must always be strictly adhered to, so that the law is always consistent. C. Legislatures are ordinarily required to pass laws in accordance with the wishes of the voters. D. It is in accordance with natural law principles. E. The common law can change with the times.
Answer: E. Answer A is false; Answer B is also false in that high courts can overturn precedent (although that is rare). Answer C is false. D may be true, but it is not generally a decisive reason for the common law. E is the best remaining answer. The common law can change with the times because precedents can both be made and overturned. The latter is rare but, as we know, in certain circumstance morals (ethics) affect laws. These general examples represent the ability of common law to change with the times. LSB 15-16.
. Lizzie the law student reads two conflicting statutes—one state (published in 1950), one federal (published in 1975)—about interstate commerce. Which statute would prevail? A. The state statute, because of the division of federalism B. The state statute, because interstate commerce is a state issue C. It depends on the jurisdiction D. The federal statute, because it is newer E. The federal statute, because of the supremacy clause
Answer: E. Barron's page 26. LSB 21, 25 (in footnote). The supremacy clause holds that the federal constitution, laws made in pursuit of the Constitution, and treaties are the "supreme law of the land." Interstate commerce is an area that the federal government has the right to regulate, so the federal statute would prevail.
. In United States v. Carolene Products Co., the court upheld a federal statute prohibiting a type of "milk" known as filled milk (skim milk compounded with a fat or oil other than milk fat in order to resemble milk or cream) from being shipped in interstate commerce. However, this case is particularly known for its footnote 4, which established the "rational basis test." The court in Carolene Products Co. stated that the "rational basis test" should not be applied to "discrete and insular minorities." In Graham v. Richardson, a separate case brought years later, the court found that classifications based on people's status as aliens constituted a "discrete and insular" minority. The "rational basis test" created in Carolene Products and interpreted by Graham is an example of which of the following: A. Procedural Law B. Statutory Law C. Administrative Law D. Contract Law E. Case Law
Answer: E. Case Law. "Case law is based on court cases (whether interpreting prior cases or statutes, or both)." LSB 23. "Procedural law is a means of enforcing substantive law." LSB 26. "Statutory law is based on statutes (legislative enactments." LSB 2. Administrative law includes, "rules, regulations, orders, and decisions made by administrative agencies." LSB 22. Contract law "gives people the right to compel enforcement of a contract." LSB 21.
Jamie is an accomplished fencer. His skills are so impressive that he has received a full-ride scholarship to a prestigious school in Romania. Prior to the start of term, Jamie is working with his friend Locke to build a birdhouse. The two boys use a table saw to cut the larger pieces of wood into more manageable pieces, and in a freak accident, Locke cuts off Jamie's hand - effectively ending his fencing career and any chance of him attending the school in Romania. In a fit of rage, Jamie decides to cut off Locke's hand. This is an example of: A. Napoleonic Code B. Stare Decisis C. Legal Positivism D. Code of Solomon E. Lex Talionis
Answer: E. LSB 14; Barron's page 3. "An eye for an eye." The Napoleonic Code includes ideology that "was a compromise between the ideals of the French Revolution (1789) and older principles." LSB 15. Stare Decisis is when "courts follow (abide by) the precedents." LSB 16. "Positivism is what the State has posited (what it has stated, put forth)." LSB 83. The Code of Solomon is not discussed in this course; indeed, there was no such code; but there was Greece's Code of Solon.
. Which system of law, developed out of the tradition of Roman Law, is prevalent in most of Western Europe and Latin America? A. Case Law B. Criminal Law C. Adversarial Law D. Common Law E. Civil Law
Answer: E. LSB 15 & 100, Barron's, and Lectures. "Civil Law (Code Law) has its origins in Roman law, with many developments and elaborations since, such as Code Napoleon and other more modern codes. The Civil Law depends almost entirely upon (or, at least, profoundly emphasizes) systematized statutes (codes)."
. Frida sues Miranda in state trial court in Gainesville, Florida. Frida alleges Miranda breached a contract which required Miranda to make 50 unique paintings. Frida had planned to sell the paintings in her new store set to open last week in downtown Gainesville. Frida finds an identical case which was presented to the Georgia Supreme Court; that court ruled in favor of the plaintiff. Must the Florida court rule in Frida's favor because of the Georgia Supreme Court case? a. Yes, because of stare decisis. b. Yes, unless there is a successful peremptory challenge, any Supreme Court decision is binding on any state trial court. c. Yes, unless there is some other compelling evidence to the contrary, because it is rare to overturn precedent. d. No, because of stare decisis. e. No, because the case is only persuasive; the judge may take this case into consideration, but it is NOT binding.
Answer: E. LSB 17-18. Another state's Supreme Court decision is only persuasive on a Florida county court. A Florida Supreme Court case, Appellate court case in the district where the county court sits, or US Supreme court case is binding on a county court.
. Chandler likes Joey's shiny new red car. The next day Chandler punches Joey in the face, takes Joey's keys, and steals the car. While driving away, Chandler is caught going 50 miles over the speed limit and is given a ticket. In what courts of law can Chandler be pursued? a. Federal b. Probate c. Criminal d. Civil e. C and D
Answer: E. LSB 22-23. Chandler punched Joey, which is a battery claim that can be brought in a civil court. Secondly, Chandler stole a car and exceeded the speed limit, both of which are crimes that can be brought in criminal court. Federal court is reserved for national laws. LSB 25. Probate court is "a court procedure by which a will is held to be valid or invalid." LSB 736.
. Which of the following is not an example of a situation that does not involve private law? A. Wilma writes a check when she purchases an antique clock from a thrift store. The owner of the thrift store, Tess, goes to the bank the same day to deposit the check. The bank dishonors the check due to insufficient funds. Tess brings a claim for the value of the check. Note: Checks are commercial paper. B. Tess was involved in a car accident on her way home after trying to cash Wilma's check. She had cut Daniel off, causing him to veer off the road and hit a tree. Tess had not been paying attention because she was so angry about the check. Daniel sues Tess for negligence. C. After the accident, Daniel enters into a contract with his neighbor, James, for James to fix Daniel's car for $1000. Additionally, after the contract is signed, they orally agree to split the difference between the cost of repairs and the insurance check from Tess's insurance. James fixes the car, but when Daniel gets the insurance check, he refuses to give James his part. James sues Daniel for breach of contract. D. James' mother, Diane, recently passed away. Diane created a trust in her will for her fortune-telling parrot, Polly. The trust was created to care for Polly until Polly's death. All of Diane's assets were put into the trust with her neighbor, Bobby, as the trustee (person who administers the trust). James alleges that Diane was not of sound mind when she created the testamentary trust. E. Bobby owns a tattoo shop. Florida recently enacted a law that places restrictions on a person's ability to get a tattoo. Bobby brings suit and alleges that the law interferes with people's right to expression.
Answer: E. LSB 22. Barron's pages 3-4 ("Public law involves relations between people and their government"). Examples are administrative, constitutional, criminal, and tax law. "Private law involves relations between persons." Examples are torts, contracts, corporations, agency, partnerships, employment, wills, commercial paper, trusts, estates, property, and family law. Answer A is an example of private law because Tess is suing the owner of the thrift store and the substance of the case is commercial law. Answer B is an example of private law because Daniel is suing Tess and the substance of the case is tort law. Answer C is a matter of private law because James is suing Daniel and the substance of the case is contract law. Answer D is private law because James is raising a contention about his mother's trust, which is a matter of probate law.
. Choose the False statement: a. The penumbras of the Constitution allow for the national laws to apply to state cases as well. b. In general, Miranda requirements have resulted in a decline in the prosecutorial function, as evidenced by rates of convictions in the American criminal justice system. c. The U.S. Constitution's brevity is an important reason why it has lasted so long. d. John Hanson was the first president of an independent United States, although not the first president with any meaningful powers; that president, George Washington, came a few years later, upon the ratification of the U.S. Constitution, which replaced the Articles of Confederation. e. William Howard Taft was the Chief Justice of the Supreme Court after he had been President of the United States.
Answer: a. The penumbras of the Constitution allow for the national laws to apply to state cases as well. False; Lecture; LSB 33-34. States have their own constitutions, and the 9th Amendment reserves the right for states to make certain laws, as long as they do not contradict federal laws. b. In general, Miranda requirements have resulted in a decline in the prosecutorial function, as evidenced by rates of convictions in the American criminal justice system. Answer: True. LSB 3. Barron's page 430. "The prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." c. The U.S. Constitution's brevity is an important reason why it has lasted so long. Answer: True; Lecture; LSB 35. The U.S. Constitution is a venerable, concise document (fewer than 7,500 words) that has been amended only 27 times since its ratification in 1789. All state constitutions are longer and almost all are newer than the U.S Constitution (the average state constitution now in effect is just half as old as the U.S. Constitution). Also, it is the judicial interpretation of the Constitution that is so important regarding what the Constitution means presently. The Constitution is a living, breathing document, given its vitality by the interpretation people have given to it over the years. Yes, it has been amended, but most of the amending has not been through the formal process. d. John Hanson was the first president of an independent United States, although not the first president with any meaningful powers; that president, George Washington, came a few years later, upon the ratification of the U.S. Constitution, which replaced the Articles of Confederation. Answer: True; Lecture. He was the first president when the Articles of Confederation was being used. e. William Howard Taft was the Chief Justice of the Supreme Court after he had been President of the United States. Answer - True. I mentioned him in the lectures while discussing substantive due process and due process generally.
. Choose the True statement: a. A judge is always compelled to follow Restatements of law in making a decision. b. Common law is referred to as "case law" and is based on attempts to establish a body of legal rules in a single systemized code. c. To distinguish a case and to label language in a judicial decision, as "dicta" are both methods of avoiding an unfavorable precedent. d. The U.S. Constitution is really an Amendment - albeit a major one - to the Articles of Confederation. e. Every state in the United States bases its legal system entirely on common law.
Answer: c. To distinguish a case and to label language in a judicial decision, as "dicta" are both methods of avoiding an unfavorable precedent. Answer: True. See LSB 17. If one wants to avoid an unfavorable precedent, to distinguish a case is a way to get around said precedent, not overturn it. The case at hand is not similar enough to the precedent to use it as a judgment. Second, "dicta" - in specific, obiter dicta - refers to the nonbinding words associated with the judicial decision. It is just the explanations or commentary and therefore not binding. Barron's page 681. a. A judge is always compelled to follow Restatements of law in making a decision. Answer: False. Barron's pages 19-20. Restatements of Law do not bind the courts, but serve as guidance to which the courts often give great weight. b. Common law is referred to as "case law" and is based on attempts to establish a body of legal rules in a single systemized code. Answer: False. LSB 23; Barron's page 3. Case law is based on court cases. "Common Law- law as developed and pronounced by the courts in deciding cases ("case law"), based on the common law of England and judicial precedent." d. The U.S. Constitution is really an Amendment - albeit a major one - to the Articles of Confederation. Answer: False. LSB 34. The Constitution replaced the Articles of Confederation. "The need for a more national system of governance was a driving concern behind the creation of the U.S. Constitution. A worry of the Founding Fathers was the need for a more centralized government than the extremely weak Articles of Confederation provided." e. Every state in the United States bases its legal system entirely on common law. Answer: False. Louisiana uses a mixture of part common law and part based on the French codes; Lectures. Other mixed jurisdictions include Quebec and Scotland; Barron's page 7.
. Choose the True statement: a. The U.S. Constitution is not only the oldest national constitution in the world that is still in effect, but it is also one of the longest constitutions. b. The Slippery Slope approach has proven to be unconstitutional. c. Very influential in the development of the U.S. Constitution, Charles de Secondant, known as Montesquieu, wrote Spirit of the Laws, considered the best statement of common law as it existed when the U.S. became an independent nation. d. John Locke promoted freedom and his ideas were influential in the development of the U.S. Constitution. e. The common law mainly originated from a long series of decrees by kings and/or other high executive office holders.
Answer: d. John Locke promoted freedom and his ideas were influential in the development of the U.S. Constitution. Answer: True. LSB 8; Lecture. "The end of law is not to abolish or restrain, but to preserve and enlarge freedom." John Locke believed that people gave up some right to the government. However, the people did not give up all rights-- they retained inalienable rights. "John Locke (1632-1704) wrote of law as a liberator, as a promoter of freedom; to inspire or spark liberty; and to improve society." Locke's writings were extremely influential during the American Revolution and the development of the U.S. Constitution. a. The U.S. Constitution is not only the oldest national constitution in the world that is still in effect, but it is also one of the longest constitutions. Answer - False: Lecture. LSB 23. Our Constitution is fairly short compared to others. But it is the oldest current national Constitution still in existence and used today. b. The Slippery Slope approach has proven to be unconstitutional. Answer - False LSB 46. "Slippery slope arguments abound throughout constitutional case law. The slippery slope argument is that if one allows small incursions on liberty, that may start a slippery slope (slide) into the loss of larger liberties." Sometimes, it is applied in a way that is not agreed upon; however, there is nothing unconstitutional about it. c. Very influential in the development of the U.S. Constitution, Charles de Secondant, known as Montesquieu, wrote Spirit of the Laws, considered the best statement of common law as it existed when the U.S. became an independent nation. Answer: False. LSB 9, 18. Blackstone did that. Montesquieu published The Spirit of Laws, which "helped spur the writing of constitutions throughout the world, including the U.S. Constitution." However, this is NOT the same thing as common law. The key book is not even the Spirit of Laws by Montesquieu, but - re American common-law precedent - Blackstone's Commentaries on the common law. e. The common law mainly originated from a long series of decrees by kings and/or other high executive office holders. Answer: False. LSB 15-16. Barron's page 8. The origins of common law are found in England and the overall accumulation of judicial decisions (precedent). William Blackstone wrote about and commented on the common law in a great work published in 1769, but the common law arose several centuries earlier.
. Choose the False statement: a. Ethics is more likely to influence law rather than vice-versa. b. As demonstrated by laws about slavery, sexual harassment, and drunk driving, ethics influences laws more than laws influence ethics. c. China, France and Japan have a unitary form of government - centralized with the national government as the true zone of power and where the local authorities have little, if any, power. d. Stare decisis binds all the lower courts of a jurisdiction to determinations rendered by the highest court in that same jurisdiction. e. Dicta, commonly referred to as the "holdings" of cases, are propositions that are decided by a court when it is determining what the rule of law should be.
Answer: e. Dicta, commonly referred to as the "holdings" of cases, are propositions that are decided by a court when it is determining what the rule of law should be. Answer: False. LSB 17: A way to counter language in an opinion is to demonstrate that the language constitutes dicta. While holdings are propositions - along with a decisional path of reasoning - that are actually decided (based on the facts of the case and leading to the judgment). Any other propositions in a case, if they are not holdings, are dicta. a. Ethics is more likely to influence law rather than vice-versa. Answer: True. LSB 11 (Ethics or "morality is more likely to influence law than vice-versa"; There are many examples of morals affecting law throughout history: Slavery, sexual harassment, attitudes toward smoking, and attitudes toward drunk driving. Lecture. b. As demonstrated by laws about slavery, sexual harassment, and drunk driving, ethics influences laws more than laws influence ethics. Answer: True. LSB 11; Barron's page 5. The laws about slavery, sexual harassment, and drunk driving all warrant an emotional response from individuals. In these specific laws and some others, ethics or "morality is more likely to influence law than vice-versa." The moral viewpoints behind these laws created a change in the law. The opposite, laws influence morality, occurs less often. c. China, France and Japan have a unitary form of government - centralized with the national government as the true zone of power and where the local authorities have little, if any, power. Answer: True; LSB page 30. d. Stare decisis binds all the lower courts of a jurisdiction to determinations rendered by the highest court in that same jurisdiction. Answer: True. LSB 16; Barron's page 9. Stare decisis is Latin for "let the decision stand." In the United States and England, the common law has traditionally adhered to the precedent of earlier cases as sources of law. This principle, known as stare decisis, distinguishes the common law from civil law systems. Stare decisis also binds all of the lower courts of a jurisdiction to determinations rendered by the highest court in that same jurisdiction.