B-LAW CH.1
A person who is injured by the wrongful act of other may bring a civil suit to:
A & C
Sources of state law include:
All of the above
Which of the following is/are equitable remedies?
All of the above
While the principle of stare decisis provides that courts will follow their precedents in making subsequent decisions, nevertheless a court may decline to follow its precedents:
All of the above
Bill Businessman files a lawsuit against Carl Contractor for breach of contract. This case is a(n):
Civil Lawsuit
Which of the following is not a category of public law?
Contract Law
Which of the following is not a category of private law?
Criminal Law
In the criminal trial of State of West Virginia v. Dawson, the defendant in the action was:
Dawson
T/F - A state statute may be valid even though it violates the federal constitution.
False
T/F - Because of the many statutes enacted by the legislatures of the states and by the federal government, the American legal system is considered to be a civil law system.
False
T/F - Business law is primary public law.
False
T/F - In a civil trial, the plaintiff must show that the defendant is guilty beyond a reasonable doubt.
False
T/F - Over the past century, the emphasis in law making has shifted has shifted from legislatively enacted (statutory) law to judge-made (common) law.
False
T/F - Restatements of law are a source of law written by legal scholars, and Restatements are biding on the courts.
False
T/F - The Uniform Commercial Code is a federal statute that was adopted by Congress to make the law uniform among the states.
False
Which of the following is NOT a primary function of law?
Insure all to a minimum living
Which of the following is NOT a characteristic of court equity?
It presides over jury trials
The appeals court decision in the case of State v. Dawson, 282 S.E.2d 284, may be found at:
Page 284 of volume 282 of the Southeastern Reporter, second series.
Which of the following NOT true of an action brought under criminal law?
The main purpose of the suit is to require payment of money damages to the victim.
T/F - A constitution is a fundamental law of a particular level of government.
True
T/F - Although the law is greatly affected by moral concepts, morals and law are not the same.
True
T/F - Forms of relief in civil law include judgements for money damages and equitable remedies.
True
T/F - In a civil action, the plaintiff must prove the case by a preponderance of the evidence.
True
T/F - The Supreme Court of the United States ultimately decides the constitutionality of any law.
True
T/F - The courts of equity arose to provide relief to those who had no adequate remedy at common law.
True
T/F - The law is constantly changing in an effort to meet the evolving needs of society.
True
T/F - Under the principle of judicial review, the courts have the authority to determine the constitutionality of legislative and executive acts.
True
The most successful work by the National Conference of Commissioners on Uniform State Laws and the American Law Institute has been the:
Uniform Commercial Code
The highest source of law in the United States is:
the federal Constitution
A major difference between law and equity is that:
the plaintiff could seek money damages under law, while the plaintiff could seek specific performance under equity