Ch 1 - Legal Heritage and the Digital Age
Which of the following is NOT a primary function of law in the United States? A. establishing uniform principles of individual morality B. facilitating planning C. facilitating orderly change D. providing a basis for compromise E. maximizing individual freedom
A. establishing uniform principles of individual morality
The United States has addressed the environment that resulted from the information age in all of the following ways EXCEPT __________. A. using interpretation to have courts apply existing laws to the digital environment B. limiting the use of digital technologies by the government Your answer is correct. C. writing new laws that apply specifically to the digital environment D. enacting federal statutes
B. limiting the use of digital technologies by the government
________ courts were allowed to give equitable remedies under the English common law.
Chancery
The _____ School of jurisprudence believes that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology.
Command
The _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.
Critical Legal Studies
_____ improves a person's problem-solving skills and helps him or her to make clear, logical, rational, and well-reasoned conclusions and judgments.
Critical legal thinking
Which of the following statements is true about the early development of English common law?
Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.
When legal scholars look to past legal decisions (precedent) to solve contemporary problems, it is an example of which school of jurisprudence?
Historical School
Laws that make certain activities crimes are an example of which function of the law?
Keeping the peace
_____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
Law
The _____ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.
Law and Economics
Which of the following schools of jurisprudential thought might suggest that the federal government's policy of subsidized housing provides incentives resulting in too many homes being built?
Law and Economics
The _____ School of jurisprudence asserts that the law should be based on morality and ethics.
Natural Law
The _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.
Sociological
_____ the supreme law of the United States.
The United States Constitution is
Which of the following is an example of the Socratic method of teaching?
asking students questions about a case or legal issue
English _____ law was developed by judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases.
common
Laws that are enacted only after considerable study, debate, and public input are an example of which function of the law?
facilitating orderly change
The Securities and Exchange Commission is an example of a _____.
federal administrative agency
Laws that allow for the settlement of cases prior to trial are an example of which function of the law?
providing a basis for compromise
A(n) _____ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.
statute
What was the main reason for the establishment of chancery courts during the development of English common law?
to eliminate unfair results and limited remedies of law courts
Which of the following are categories of courts that established English common law?
law, equity, and merchant
Which of the following is NOT a relevant question according to the IRAC method of critical legal thinking? A. What was the conclusion or outcome of the case? B. What is the court's analysis and rationale? C. What is the rule of the case? D. Which executive nominated the judge presiding over the case? E. What is the legal issue in the case?
D. Which executive nominated the judge presiding over the case?
The United States' law evolves and changes along with all of the following EXCEPT __________. A. growth and expansion of commerce in the United States B. technology C. growth and expansion of commerce in the world D. misuses and oversights of our legal system E. the norms of society
D. misuses and oversights of our legal system
A(n) _____ is a law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts.
ordinance
_____ means "to stand by the decision."
stare decisis
The Texas Natural Resources Code is an example of a(n) _____.
state statute
What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common law?
to administer the law in a uniform manner