Bus Law 1

The positivists believe that there can be no higher law than a nation's positive law — law created by a particular society at a particular point in time.

true

To a legal positivist, morality or rightness is an essential component of any valid law.

false

If there is no precedent on which to base a decision, a court may consider legal principles and policies, fairness, social values, public policy, and concepts from the social sciences.

true

In certain instances, an arbitration award may be set aside.

true

A treaty defeats an inconsistent state constitutional provision in case of clash between them.

true

Administrative agencies get the power to make law through a process called delegation.

true

An arbitrator's decision typically is binding on the parties, while a mediator's decision is not.

true

Appellate courts normally examine the record of the case on appeal and determine whether the trial court committed an error of law.

true

In rem jurisdiction enables a court to exercise jurisdiction over property owned by a defendant.

true

Increasingly, the courts are requiring that parties attempt to settle their differences through some form of alternative dispute resolution [ADR] before preceding a trial.

true

Judges use precedent when deciding a case in common law legal system.

true

Jurisdiction relates to the power of a court to hear and decide a case.

true

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

true

Mitchell v. Noring is a contract case decided in 1990. The Anderson v. Holmes case being decided today is similar. The Mitchell case is a precedent.

true

Most administrative agencies such as FCC, INS, IRS, and EPA were created by Congress to oversee the respective legislation created by Congress. In other words, for example, the IRS was created to regulate and administer the Federal Internal Revenue Code enacted by Congress

true

Nazi war criminals, those convicted of crimes against humanity by the international tribunal of judges at Nuremberg, were convicted by applying the principles of natural law.

true

One basis for federal court jurisdiction over a case is "diversity of citizenship" with more than $75,000 being involved.

true

Proponents of natural law believe that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature.

true

Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions.

true

The body of rules that evolved in the king's court, called the curia regis, was the beginning of the common law — law that was common to the entire realm.

true

The doctrine of stare decisis helps makes the law more stable and predictable.

true

The legal rights you have termed substantive law and the way you go about enforcing these rights is referred to as procedural law.

true

The majority of disputes are resolved by negotiation.

true

A trial court is the ONLY court that hears testimony from witnesses, receives evidences, may have a jury, etc.

true

Arbitration decisions may be legally binding.

true

Today, our common law courts tend to take an instrumentalist attitude toward law, viewing it as a flexible tool for accomplishing various social purposes.

true

With respect to alternative dispute resolution [ADR], the trend is toward the use of ADR as an alternative to civil lawsuits.

true

An administrative regulation: a. has the same legal effect as a statutory law created by Congress. b. is legally binding on the specific businesses targeted by the regulation but is not binding on non-specified individuals. c. has no legal effect until ratified by a court. d. can only be interpreted and enforced by the administrative agency that created the regulation.

A

Which of the following is both civil and substantive law? a. A state's common law contract law. b. A state murder statute. c. A state's rules for the conduct of a civil trial. d. A state's rules for appealing a civil judgment.

A

In case of a clash between them, which of the following will defeat a federal administrative regulation?

A federal statuate

Which of the following will defeat a federal administrative regulation in case of a clash between them?

A treaty. federal treaty is deemed to carry more weight/ is given a higher priority than a federal administrative agency regulation. And, remember that treaties can only be made/passed at the federal level

This question lists some common statements about law. Which of those statements is most typical of natural law?

An immoral law isn't really law.

Legal positivists typically say that: a. An unjust law is not law. b. Validly enacted laws should be obeyed, just or not. c. The law should keep up with the changing times. d. Justice is what the judge ate for breakfast.

B

Which of the following cases would involve private law? a. A citizen refuses to pay income tax. b. A person sues another person to recover for injuries received in an automobile accident. c. A person is arrested for burglary. d. A citizen refuses to vote.

B

There is a word that explains why administrative agencies and chief executives have the power to make administrative regulations and executive orders. What is it? a. Inherent authority. b. Delegation. c. Stare Decisis. d. Executive power.

B. Delegation

Which of the following is not true of the "law"? a. "Law" governs relationships among individuals. b. "Law" governs relationships between citizens and their governments. c. "Law" includes rules of conduct prescribed by private organizations to govern their members. d. "Law" includes rules of conduct prescribed by the controlling authority of a society.

C

Which of the following statements is most typical of legal realists? a. "Law is the command of the supreme law-making authority." b. "The first requirement of a sound body of law is that it corresponds with the actual feelings and demands of the community, whether right or wrong." c. "What legal decision-makers actually do is more important than the legal rules written down in books" d. "An immoral or unjust law is not a law at all."

C

Civil law is concerned with disputes between a. persons only. b. persons and the public as a whole only. c. persons and between citizens and their governments. d. persons and between persons and the public as a whole.

C. the word "persons" can/does also mean consumers, businesses, etc.

If there is no precedent on which a court can base a decision, the court can consider a. legal principles underlying previous court decisions or existing statutes. b. social values and customs. c. public policy. d. all of the above.

D

The doctrine of stare decisis a. applies only to decisions rendered by the Supreme Court of the United States. b. prevents a court from following a rule it established at an earlier date in a case with similar issues and facts. c. prevents different states from following different precedents once one state has established a rule of law. d. none of the above.

D

The doctrine of stare decisis: a. Says that courts should follow the plain meaning of statutes and not worry about anything else. b. Says that courts should look at legislative history when interpreting statutes. c. Says that common law rules, once established, can never change. d. Says that, in common law cases, like/similar cases should be decided alike.

D

Which of the following defeats a federal statute in case of a clash between them? a. A state statute. b. A state constitution. c. An equitable principle. d. None of the above.

D

Which of the following is the highest-ranking (superior) law? a. A statute passed by a state legislature b. A rule created by a state administrative agency c. A case decided by a state court d. A provision in a state constitution

D

The school of jurisprudence known as Legal Realism:

Defines law as the behavior of those persons and institutions charged with enforcing and applying the law, rather that the law as it appears in written form.

Only a state court can refuse to enforce a state statute that, in the court's view, violates the Constitution.

F

Only the federal legislature can enact statutes

False

The Doctrine of stare decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society.

False

Which of the following would be an example of a civil lawsuit?

Gretta hit Rita in the bar after getting a little too happy during happy hour. Rita is now suing for her injuries.

The common law:

Is judge-made law that controls if no other type of law applies.

Which of the following descriptions of stare decisis is false?

It makes a law less predictable

If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes any ay because the law required him to pay the tax, then he would be applying the jurisprudence theory of:

Legal Positivism

Which of the following jurisprudential schools would be most likely to say that judge should just follow the law as it's written, and not worry about anything else?

Legal Positivism

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?

Natural Law

The notion of civil disobedience is founded on what principle?

Natural Law

The concept of stare decisis focuses most on: a. precedent. b. flexibility. c. legislative intent. d. change.

Precedent

Which of the following is not a source of law?

Rules issued by a chamber of commerce

Which of the following types of law is made by legislature? a. Administrative regulations. b. Executive orders. c. Statutes. d. Two of the above.

Statutes

"I'm really in a quandary over Case A. There's an Indiana statute, passed in 1982, that directly addresses the specific issue in the case, but I've found several Indiana Supreme Court cases from the 1960's and 1970's. All of those apply a common law rule that is the opposite of the rule stated in the statute. I've thought this over carefully, and I'm convinced that the rule contained in the statute makes for horrendous public policy, and that the common law rule is better. Can I decide Case A according to the common law rule?" What should you tell the judge?

That he is bound by the statute because statutes defeat inconsistent common law court made rules in case of a clash between them.

The United States Constitution divided power between the federal and state governments, and then divided federal power among three branches of government. Which of the following best describes this situation?

The Legislative branch of the government makes statutes.

Wilfred was hit by Sally, a neighbor, when he went to confront Sally about her car blocking the entrance to his driveway. Wilfred can sue Sally in criminal court.

The answer is false because this would also be a civil lawsuit for money damages. Also, only the state/government can bring a criminal action; not a private party

Maryland Country was being sued by a former prisoner who claimed she was sexually harassed, assaulted and battered by the sheriff while being held in the county jail on a drunk and disorderly charge. This is a criminal law suit.

The answer is false because this would be a civil lawsuit for money damages.

Jane was mugged and raped by a man who was waiting by her car, which was parked in the university parking lot. The local police apprehended the mugger. The first trial was initiated by the District Attorney's office. Jane initiated the second lawsuit for money and damages. Classify each legal action.

The first case was a criminal case. The second was a civil case

Which of the following is both civil and procedural?

The rules for presenting evidence at a trial

One of the purposes of the pretrial conference is to get the parties to stipulate (i.e. agree) to facts that are not in dispute.

True. Remember this is the part of the case where the court/judge set the case for trial, address any housekeeping matters that remain in the case, tries to get the parties to agree to narrow the issues and/or facts in dispute in the case, maybe pressures the parties to settle, etc.

Curtis filed a lawsuit against Ulhoff 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 (i.e., remember that this is a "safety valve" motion to dismiss the case so that it does not/ is not allowed to proceed a trial.) in favor of Curtis. Ulhoff has appealed and the Supreme Court of Iowa has "remanded" the case. This means:

We don't know who wins yet because the case is being returned to the trial court for additional consideration.

The two primary methods of dispute resolution are [1] litigation and [2] mediation.

false

The President of the United States has been traveling the world, meeting with heads of foreign nations and has negotiated an agreement with regard to world environment policies. He is back in the U.S. and is asking the Senate to ratify the agreement. This is an example of:

a treaty, if the Senate ratifies the agreement

When there is a case with no binding precedent, a court a. cannot refuse to decide a case b. can postpone to decide the case. c. can postpone deciding the case until there is a precedent. d. can postpone deciding the case indefinitely.

a. cannot refuse to decide a case

Legislation is a synonym for a. statutory law. b. stare decisis. c. administrative law. d. case law.

a. statutory law

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 and in part created the Securities and Exchange commission as an independent regulatory entity whose function was to administer these acts, these rules and regulations are referred to as:

administrative laws

The common law began

as a body of general rules that was applied in the courts throughout england

A state law that violates the U.S Constitution

can not be enforced

A law that violates the United States Constitution:

cannot be enforced by any branch of state or federal government

A party who receives a favorable judgment after a trial cannot appeal that judgment.

false

Because the U.S. Constitution says that the president only executes the laws, the President never makes laws.

false

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated.

false

If a statute is clearly worded and not subject to more than one interpretation, a court does not have the power to invalidate it.

false

In rem jurisdiction refers to the power of a court to enter a personal judgment against a party to the action.

false

In the mediation process, the mediator proposes, selects, and imposes a solution on the parties.

false

Lacy Peters is suing Jack Smith for the intentional tort of emotional distress. Last year a similar case in this same court defined the requirements of this typical lawsuit. The prior case will have no influence on Lacy's case.

false

Only cases involving federal questions (i.e., questions of federal law) can originate in federal courts.

false

The government cannot be a party to a civil suit.

false

The natural law philosopher assumes that people have created laws because there is no ideal state of being.

false

The largest source of new law is created by court decisions.

false because Congress (through statutes) and/or administrative agencies (through rules and regulations) are probably the source of the most newly created law. However, remember that courts/ court decisions are/remain darn important because, for example, many times Congress or administrative agencies pass statutes/regulations that have gaps in them, terms that are ambiguous, etc.

A mini-trial is a procedure used by courts to reduce caseloads.

false it is a form of ADR

The person who files or requests an appeal is called the "appellee"

false. apppellant

The doctrine of stare decisis:

is based on English common law tradition. b. literally means "let the decision stand" c. help makes the law predictable d. All of the above Answer: D

The general body of law that evolved from the king's court (curia regis) after the Norman Conquest of England in 1066.

is referred to as common law

Statutory law is to legislative bodies as common law is to: a. England. b. precedent. c. judges. d. administrative regulations.

judges

Common law refers to:

law that is made when judges decide cases and then follow those decisions in later cases

All powers not granted to the federal government by the U.S. Constitution are:

retained by the states

Civil law regulates:

rights and duties between persons and businesses in our society.

Last year, Tim intentionally ran over Harry's prize rose bushes. Judge Novack ruled that Tim must pay Harry the fair market value of the rose bushes. Today, in Judge Novack's court, Jan says that Kristi intentionally destroyed her new apple tree. Judge Novack decides that Jan must pay Kristi the fair market value of the apple tree. This decision is an example of:

stare decisis and civil law

The legislature of the state of AAA makes a law that makes it a crime to assist someone in committing suicide. This law is called a(n):

statuate

In the case of Simmons v. Hart, decided in 1965, a state supreme court held that a minor (i.e., someone under the age of 18) could cancel a contract for the sale of a car. A similar case, Chavez v. Jones, is being decided today by a trial court in the same state. If stare decisis is used to decide the Chavez case

the court will probably allow the minor to cancel the sale.

The three branches of government in the United States are:

the executive, legislative, and judicial

A cause of action based on the Constitution, a treaty, or a federal statute is said to involve a "federal question."

true

A court may sometimes depart from a precedent whenever it decides that the precedent is no longer correct in view of changed technology.

true

A long arm statute is a law that permits courts to obtain jurisdiction over non- resident (i.e., out of state) defendants.

true

A state homicide statute is both criminal and substantive

true