Chapter 1
stare decisis
Latin term meaning "to stand by the decision
What is the supreme law of the United States?
Constitution
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
Not a relevant question according to the IRAC method of critical legal thinking
Which executive nominated the judge presiding over the case?
The ___ school of jurisprudence asserts that the law should be based on morality and ethics
natural law
Which of the following is NOT a primary function of law in the United States? A. providing a basis for compromise B. establishing uniform principles of individual morality C. maximizing individual freedom D. facilitating orderly change E. facilitating planning
B. establishing uniform principles of individual morality
The United States' law evolves and changes along with all of the follow EXCEPT A. growth and expansion of commerce in the United States B. growth and expansion of commerce in the world C. technology D. misuses and oversights of our legal system E. the norms of society
D
Which of the following statements is true about the early development of english common law? A. English common law is based on French law B. Decisions of the law courts took precedence over those of the Court of Chancery C. Rather than inquire into the merits of the case, the chancery court emphasized legal procedure D. English common law is considered civil law E. Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.
E
ordinance
Law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts.
statute
Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that covered parties must adhere to.
law
a body of rules of action or conduct prescribed by controlling authority and having binding legal force
example of the socratic method of teaching
asking students questions about a case or legal issue
_____ 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
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 what?
federal administrative agency
When legal scholars look to past legal decisions (precedent) to solve contemporary problems, it is an example of which school of jurisprudence?
historial school
critical thinking
improves a person's problem-solving skills and helps him or her to make clear, logical, rational, and well-reasoned conclusions and judgements
Laws that make certain activities crimes are an example of which function of the law?
keeping the peace
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
Which of the following are categories of courts that established English common law?
law, equity, and merchant
The United States had addressed the environment that resulted from the information age in all of the following ways EXCEPT
limiting the use of digital technologies by the government
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
The ______ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.
sociological
The Texas Natural Resources Code is an example of what?
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
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
