Quiz 3: Sources of American Law

What does the federal government derives its legislative power from?

Article I of the U.S. Constitution

A decision of the U.S. Supreme Court on federal questions is binding on state courts.

False

Common law systems are often developed by academicians and then enacted by legislative bodies.

False

Federalism prohibits any state from providing its residents with greater protections than required by the U.S. Constitution.

False

The U.S. Constitution is the primary source of all American law.

False

The federal government can exercise any power deemed appropriate to maintaining the liberty of the nation.

False

The full faith and credit clause requires states to align their laws as closely as possible.

False

The supremacy clause restricts federal powers and does not apply to the legislative function.

False

When a case for which there is no precedent comes before it, what does a court look to?

Guidance within the forum state.

Which of the following best describes the role of civil law in the American legal system?

Increasingly influential

A Kentucky court was confronted with the issue of whether a court has the power to permit a kidney to be removed from an incompetent ward of the state, on petition from his mother, for the purpose of being transplanted into his brother, who is dying from kidney disease. There is no statute or prior common law decision to guide the court. What can the court do?

It can decide the issue relying on the public interest, tradition, justice, and morality, even if there is no common law decision or statute governing the situation.

Which of the following is a decision by a court of final appeal on an issue of state law is generally binding on?

Lower state courts

What are constitutions, legislation, court decisions and regulations are examples of?

Sources of American law

What is the main problem with ex post facto laws?

They make acts criminal that were not criminal when they were committed.

A strength of the federal system in the United States is that states can innovate without having to get permission from other states.

True

An unpublished opinion has no precedential value.

True

Civil law systems are based upon detailed legislative codes rather than judicial precedents.

True

Common law systems rely on judge made law.

True

In order for a court decision on a legal point to be respected as precedent, the court's decision must be final and supported by a majority of the judges and it must be reported.

True

Police power is an inherent power that gives states the ability to pass laws necessary to preserving public health, safety and welfare.

True

Statutes are to be read in the light of conditions at the time of their enactment.

True

A tavern sold liquor to a drunken patron who was subsequently involved as a driver in a fatal motor vehicle collision. The plaintiff was rendered a quadriplegic as a result. Prevailing precedent in this jurisdiction provides that the tavern does not owe a duty to third party motorists to guard against injuries caused by patrons who become intoxicated at their place of business. If the plaintiff appeals the trial court's granting of the defendant tavern's motion to dismiss, could the state supreme court overrule the precedent and recognize the tavern's responsibility and liability for the plaintiff's injuries?

Yes, if the precedent is no longer appropriate because of changing economic, political, and social conditions.

A court held that a landlord who placed television transmitters and microphones in a tenant's apartment for security purposes wrongfully invaded the tenant's privacy. The court noted, however, that cameras in the common hallways may not violate the tenants' privacy rights. Which of the following best describes the last statement?

dictum

A final judgment or decree rendered on the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions, and facts in issue as to the parties and their privies and is a complete bar to any subsequent action on the same cause of action between the parties, or those in privity with them. What does this statement explain?

res judicata

What is the civil equivalent to the criminal constitutional provision known as double jeopardy, whereby one cannot be tried twice for the same alleged wrong, also known as?

res judicata