LEGL 3000 - Chapter 1

d

A case on the subject of free speech on the Internet comes before a Wisconsin state trial court. It is a case of first impression, which means that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would be considered the least proper for the judge to consider: a. cases from other jurisdictions. b. public policy. c. social values and customs. d. survey data from the local community.

b

A jury's good sense and careful consideration of consequences is known as jurisprudence.​ a. True b. False

a

A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles and facts. a. True b. False

d

A restriction on commercial speech will be considered valid as long as it a. seeks to implement a substantial government interest. b. directly advances a substantial government interest. c. goes no further than necessary to accomplish its objective. d. all of the above.

c

Administrative agencies are created to: a. provide more efficient government office management. b. act as a buffer between the executive and legislative branches of government. c. perform specific government functions delegated to them by the legislature. d. issue proclamations and edicts on behalf of the executive branch.

a

Administrative law consists of the rules, orders, and decisions of administrative agencies.​ a. True b. False

b

Administrative law includes only state regulations.​ a. True b. False

b

Administrative law is a source of American law that is consists of statutes.​ a. True b. False

c

All of the cases which have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as: a. the civil law. b. the law of equity. c. the common law. d. the statutory law.

c

Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of: a. a Restatement of the Law. b. constitutional law. c. administrative law. d. statutory law.

b

Case law is based on the decisions made by those who run administrative agencies. a. True b. False

a

Case law is derived from judges' decisions for actual cases. a. True b. False

a

Civil law, as opposed to criminal law, can best be described as: a. the law that governs relations between persons. b. the law that governs relations between nations. c. the law concerned with wrongs against society. d. the law concerned with court processes.

b

Constitutional law includes only the U.S. Constitution.​ a. True b. False

b

Criminal acts are prohibited only by federal government statutes.​ a. True b. False

b

Criminal law focuses on rights and duties that exist between persons.​ a. True b. False

a

Cyberlaw consists of: a. traditional legal principles that have changed because of technology. b. laws that are written on computers, smartphones, tablets or other technology. c. only state statutes. d. only federal statutes.

b

Cyberlaw is a new type of law. a. True b. False

a

Damages are a remedy at law.​ a. True b. False

d

Elaine is involved in a car accident in which the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law? a. Cyberlaw b. Procedural law c. Administrative law d. Substantive law

c

Generally speaking, the Restatements of Law: a. are used only by courts of equity b. are not used as much as they were historically c. summarize the common law rules followed by most states.

a

If a plaintiff waited to bring a lawsuit for several years, and in those years witnesses died and evidence was lost or destroyed, one equitable defense that the defendant may have is called: a. laches. b. ripeness. c. equitable maxim. d. ineffective evidence.

d

If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution a. neither provision applies. b. the provisions are balanced to reach a compromise. c. the state constitution takes precedence. d. the U.S. Constitution takes precedence.

c

If the U.S. Supreme Court determines that a state criminal law violates a provision of the Fourth Amendment to the U.S. Constitution, that law will be declared a. Constitutional b. Precedent c. Unconstitutional d. Stare Decisis

b

In a case title at the appellate court level, the first party name is always the plaintiff at the trial court level. a. True b. False

b

In a common law system, judges are not obligated to follow the precedents established within their jurisdictions.​ a. True b. False

d

In a particular case, Judge A does not agree at all with the other judges' opinions. Which of the following type of opinion will he write? a. A plurality opinion b. A majority opinion c. A concurring opinion d. A dissenting opinion

b

In the English system, upon which the American system is based, "remedies at law" consisted of any action or order that would correct the wrong. a. True b. False

b

In the field of legal research, a "citation" is: a. the location of a trial court or court of original jurisdiction b. a reference to a publication in which a legal authority can be found c. a reference to U.S. Supreme Court cases only d. a reference to legal charges filed by the federal government against individuals

d

Jay is a federal judge. Jay's judicial decisions are part of case law. This law includes interpretations of a. administrative regulations only. b. constitutional provisions only. c. statutes only. d. administrative regulations, constitutional provisions, and statutes.

a

Law based on documents setting forth the general organization, powers and limits of the government is called ___________________. a. Constitutional law b. The law of the states c. National law d. International law

a

Law consists of enforceable rules governing relationships among individuals and between individuals and their society.​ a. True b. False

a

Laws and government regulations affect almost all business activities.​ a. True b. False

a

Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the: a. appellant. b. respondent. c. defendant. d. appellee.

c

Most appellate court judges write opinions in which they give the reasons for their decisions. These opinions are collected and published in volumes of books known as: a. the United States Code. b. case citations. c. reporters. d. law journals.

a

Most state trial court decisions are not published.​ a. True b. False

c

Of the U.S. laws, including state laws, the U.S. Constitution is: a. The most flexible b. The easiest to interpret c. The supreme law of the land d. The most applicable to conflict

c

One primary source of American law is: a. The Declaration of Independence b. The Magna Carta c. The U.S. Constitution d. The United Nations

a

Procedural due process focuses on a. procedures used to make decisions to take life, liberty, or property. b. the content of a law. c. the treatment of similarly situated individuals. d. all of the above.

a

Procedural law consists of all laws that outline the methods of enforcing rights.​ a. True b. False

c

Remedies _____________ include specific performance. a. at law b. in absentia c. in equity d. that are damages

a

Remedies in equity include decrees of specific performance.​ a. True b. False

a

Remedies in equity include injunctions.​ a. True b. False

a

Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings which are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of: a. stare decisis. b. laches. c. courts of equity. d. constitutional constructionism.

b

Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of: a. rescission. b. damages. c. injunction. d. specific performance.

a

State constitutions are a primary source of law. a. True b. False

a

Statutes are laws enacted by Congress and the state legislatures and comprise one of the sources of American law.​ a. True b. False

b

Statutory law does not include county ordinances.​ a. True b. False

a

Statutory law includes state statutes. ​ a. True b. False

c

The Bill of Rights embodies a series of protections for the individual against various types of interference by a. business entities. b. private individuals. c. the federal government. d. none of the above.

a

The California Supreme Court decides the case of Alpha Corp. v. Beta Co. Of the seven justices, four agree that Alpha should win; three think that Beta should win. Justice Jones, one of the four who agree that Alpha should win, writes a separate opinion. This opinion is a. a concurring opinion. b. a dissenting opinion. c. a minority opinion. d. a unanimous opinion.

a

The Federal Trade Commission is an example of: a. An independent regulatory agency b. A state agency c. Not an agency, but part of Congress d. A dependent regulatory agency

c

The First Amendment guarantees the freedom(s) of a. religion only. b. speech only. c. religion and speech. d. none of the above.

a

The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as: a. statutory law. b. uniform law. c. case law. d. administrative law.

d

The Latin term stare decisis means: a. to stare on principle. b. to stand as a witness. c. to stand on the statutory language. d. to stand on decided cases.

d

The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act: a. becomes the law in every state that has joined the NCCUSL. b. automatically becomes the law in every state. c. becomes a part of the United States Code, and is therefore the law of the land in every state and territory of the United States. d. becomes the law in every state that adopts the uniform act through legislative action.

b

The U.S. Congress passes federal statutes which do not apply to states, but only to the federal government. a. True b. False

b

The U.S. Constitution reserves to the federal government all powers not granted to the states.​ a. True b. False

b

The ______________________________ is a uniform law adopted by all states that facilitates business transactions. a. Interstate Commerce Code b. Uniform Commercial Code c. Uniform Negotiable Instruments Code d. Model Uniform Business Practices Act

b

The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called: a. a citation. b. an ordinance. c. a uniform law. d. an administrative rule.

c

The common law began a. in the Islamic courts of predominantly Muslim countries. b. as part of the Roman civil law. c. as a body of general rules that was applied in the courts throughout England. d. as a group of legal principles enacted by continental European nations.

a

The courts, in interpreting statutory law, may rely on the common law as a guide to what the legislators intended.​ a. True b. False

c

The doctrine of stare decisis means that once a court has established a rule of law, the principle must be adhered to by a. all courts. b. courts of lower rank only. c. that court and courts of lower rank. d. that court only.

b

The highest-ranking (superior) law is a. a case decided by a state supreme court. b. a provision in a state constitution. c. a rule created by a state administrative agency. d. a statute enacted by a state legislature.

b

The party against whom a lawsuit is brought is the plaintiff or petitioner.​ a. True b. False

a

The plaintiff is the person who files the original petition with the court to start a lawsuit. a. True b. False

a

The stability and predictability of the law are essential to business activities.​ a. True b. False

b

The term common law refers to law that is common throughout the world.​ a. True b. False

d

Tyler believes that some laws passed by his state's legislature are improper, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people. Which school of jurisprudential thought does Tyler subscribe to? a. The positivist school b. The school of legal realism c. The historical school d. The natural law school

c

Under the First Amendment, corporate political speech has a. no protection. b. little protection. c. significant protection. d. total protection.

a

When Congress passes a law, in which publication can it be found? a. United States Statutes at Large b. United States Congressional Studies c. United States Acts at Large d. United States Federal Legislation Records

c

When a court's opinion is not unanimous, but most judges in that case agree with it, it is called a: a. concurring opinion b. dissenting opinion c. majority opinion d. unanimous opinion

b

When a judge uses legal encyclopedias, law review articles, and Restatements to guide a decision, that judge is using: a. ineffective sources of law. b. secondary sources of law. c. constitutional law. d. primary sources of law.

b

Whether a law is constitutional depends on its source.​ a. True b. False

c

Which of the following CANNOT be at issue in criminal law? a. A law against stealing b. A law against injuring someone with a firearm c. A law against not performing an employment agreement d. A law against selling government secrets to another nation