Quiz: Ch 1 - Intro to Law

Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note. The trial ended before it began, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means a. We don't know who wins yet because the case is being returned to the trial court for additional steps. b. Neither party wins because the case is being thrown out. c. Curtis automatically wins because he won in the lower court. d. Ulhoff automatically wins because he lost in the lower court.

a

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying? a. Natural law b.Legal realism c. Common law d. Legal positivism

a

The President of the United States a. can veto Congressional legislation. b. creates federal common law. c. passes statutes. d. determines the constitutionality of statutes.

a

Common law refers to a. the legal systems of France, Germany, and Italy. b. law made when judges decide cases and then follow those decisions in later cases. c. law that is the same or similar in all the states. d. law made by legislatures in the form of statutes

b

The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom. This law is a. a stare decisis. b. a statute. c. an executive order. d. an ordinance.

b

Which of the following played a role in the creation of the U.S. government by solving the problem of federalism? a. The Visigoths b. The Iroquois Native Americans c. Confucius d. Alexis de Tocqueville

b

In 1992, the North Carolina Supreme Court ruled in a case entitled Goodman v. Wenco Foods, Inc., that when a substance in food causes injury to a consumer of the food, it is not a bar to recovery against the seller that the substance was natural to the food. If, in a 2008 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder, the court followed the decision in Goodman v. Wenco Foods, Inc., the court's action in the second case is an example of a. criminal law. b. public law. c. stare decisis. d. statutory law.

c

President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was a. a valid use of judicial power. b. an illegal usurption of the regulatory powers of administrative agencies. c. a valid use of power based on Article II of the Constitution. d. an illegal usurption of legislative powers which belong to the Congress.

c

The United States Supreme Court has the power to a. issue executive orders. b. ratify treaties. c. void laws passed by Congress. d. appoint judges to serve on the Supreme Court.

c

The federal judicial branch of the U.S. government a. passes statutes. b. creates administrative agencies. c. interprets statutes. d. issues executive orders.

c

The three branches of government in the United States are a. the executive, legislative, and administrative. b. the administrative, executive, and statutory. c. the executive, legislative, and judicial. d. the administrative, legislative, and international.

c

Treaties with foreign nations can only be made by ________ and ratified by ________. a. the President; the House of Representatives by a three-fourths vote b. the Department of Defense; the Senate by a plurality c. the President; the Senate by a two-thirds vote d. the Secretary of State; the President

c

Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities. The Securities Exchange Act of 1934 was passed a year later. This law created the Securities and Exchange Commission (SEC) as an independent regulatory entity whose function is to administer the two laws. The SEC has generated rules and regulations to administer these acts. These rules and regulations are a. statutes. b. executive orders. c. common law. d. administrative law.

d

If the title of an appellate court case appears as Jones v. Smith, a. it means that Smith won the trial court decision. b. then it is correct to say that Jones is the plaintiff and Smith is the defendant. c. the trial judge was Jones and the appellate judge is Smith. d.you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties.

d

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process? a. Legal positivism b.Sovereign selection c. Natural law d. Legal realism

d