Chapter 1 Practice Questions
One way to divide law is into (1)_______ and (2)___________
(1) Procedural Law, (2) Substantive Law
A second primary source of law involves the U.S. _______ and state and local _________
Congress / Legislatures
Whenever a court's opinion is not unanimous, but most of the judges agree with it, is it called a ________________
Majority opinion
A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include which of the following...
Opinions from trusted newspapers
Jurisprudence is....
Study of law
The __________ is a uniform law adopted by all states that facilitates commerce.
Uniform Commercial Code
When Congress passes a law, you can find it in which publication?
United States Statutes at Large
Which of the following laws CANNOT be at issue in criminal law? a. A law against not preforming an employment agreement b. A law dealing with armed robbery c. A law dealing with assault d. A law against murdering
a. A law against not preforming an employment agreement
The American Law Institute (ALI) has drafted and published compilations of the common law called: a. Restatements of the Law. b. legal encyclopedias. c. Compilations of the Law. d. law journals.
a. Restatements of the law
A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts. a. True b. False
a. True
Case law is derived from judges' decisions for actual cases a. True b. False
a. True
State constitutions are a primary source of law. a. True b. False
a. True
A reference to a publication in which a legal authority—such as a statute or a court decision or other source—can be found is called a: a. case reference b. citation c. statute d. legal reference
a. case reference
The body of general rules that applied throughout the entire English realm is known as: a. common law b. natural law. c. civil law d. criminal law
a. common law
Hector believes that a law under which he was convicted for a crime violates the Constitution. If ultimately the Supreme Court agrees with him, that law will be declared.. a. unconstitutional b. constitutional
a. unconstitutional
Case law is based on the decisions made by those who run administrative agencies. a. True b. False
b. False
The U.S. Congress passes federal statutes. They do not apply to all states. a. True b. False
b. False
he parties to lawsuits are the plaintiff and the defendant. Plaintiffs must always be individual persons. a. True b. False
b. False
The official edition of the United States Supreme Court decisions is the: a. Federal Reports. b. United States Reports. c. United States Supreme Court Lawyer's Version. d. United States Supreme Court Reporter.
b. United States Reports
If a judge agrees with the majority's decision, but for different reasons, that judge may write a(n): a. dissenting opinion. b. concurring opinion. c. independent opinion. d. majority opinion.
b. concuring opinion
An emerging body of law that governs transactions conducted via the Internet is called: a. Internet law b. cyberlaw. c. virtual law. d. computer law.
b. cyber law
The school of legal thought that emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system is called the: a. realist school of legal thought. b. historical school of legal thought. c. natural school of legal thought. d. positivist school of legal thought.
b. historical school of legal thought
This school of legal thought is based on the idea that law is just one of many institutions in society, and that it is shaped by social forces and needs: a. the natural school of legal thought. b. legal realism. c. the historical school of legal thought. d. legal positivism.
b. legal realism
Generally speaking, the Restatements of Law: a. are used only by courts of equity. b. summarize the common law rules followed by most states. c. are not used as much as they were historically
b. summarize the common law rules followed by most states.
Administrative agencies are created to: a. Provide more efficient government office management. b. Act as a buffer between the executive and legislative branches of government. c. Perform specific government functions.
c. Preform specific government functions
The most important primary source of our law is: a. The Declaration of Independence. b. The Magna Carta. c. The U.S. Constitution.
c. The U.S. Constitution
The school of legal thought that views law as a tool for promoting justice in society is called the: a. natural school of legal thought. b. historical school of legal thought. c. sociological school of legal thought. d. positivist school of legal thought.
c. sociological school of legal thought.
When all judges or justices agree on an opinion, the opinion is written for the entire court and can be deemed a(n): a. dissenting opinion. b. concurring opinion. c. unanimous opinion. d. majority opinion.
c. unanimous opinion
A court of equity is also referred to as a: a. court of primary jurisdiction. b. King's court. c. court of law. d. chancery court.
d. chancery court
Any law based on a constitution is called... a. statutory law b. common law c. case law d. constitutional law
d. constitutional Law
Select the order for the following words to form the basic steps in legal reasoning: Order Conclusion ______ Rule ______ Issue ______ Application ______ Facts _______
5 3 2 4 1
In a particular case, Judge Angle does not agree at all with the other judges' opinions. Which of the following type of opinion will he write?
A dissenting opinion
In the field of legal research, a "citation" is:
A reference to a publication in which legal authority can be found
Remedies __________ involve specific performance.
In equity
The Federal Trade Commission is an example of a _________
Independent regulatory agency
Li Ang is researching new state inheritance laws. She will NOT bother to investigate which of the following ...
Restatements of law
One of the important functions of law is to provide ________________
Stability and predictability
Part of the common law tradition relies on the doctrine of _____
Stare Decisis
_________ is the party who appeals a lower court's decision.
The appellant
Civil law, as opposed to criminal law, can best be described as:__________
The law that governs relations between persons
The U.S. Constitution is...
The supreme law of the land
The Latin phrase for the correct answer in the previous question means _________________
To stand on decided cases