BLAW Chapter 1

Which of the following is a true statement?

A treaty signed by the President and approved by the Senate has the legal force of a federal statute. and A federal statute may supersede a prior treaty.

Substantive law sets forth the rules for enforcing rights that exist in a society.

False

The State of Minnesota has been negotiating with the Canadian government on issues involving acid rain and eventually reaches an agreement with Canadian officials. This is a valid treaty under the United States Constitution.

False

The Uniform Commercial Code is a federal law that applies to commercial transactions among the states.

False

The common law system of law is used in most of Europe, Scotland, and Latin America.

False

The law does not change; it is based on unchanging and universal truths.

False

The only purpose of law is to define what conduct constitutes a crime.

False

The principle of stare decisis precludes courts from changing any decisions they previously announced.

False

The terms "law" and "justice" are interchangeable.

False

Under the civil law system, adversaries initiate and conduct litigation.

False

Under the principle of stare decisis, the U.S. Supreme Court must follow a rule of law applied by a district court (federal trial court) in a prior decision involving a similar issue.

False

Usual remedies granted in a criminal case include compensation for the victim.

False

Sources of federal law include all but which of the following? Rules of administrative agencies Decisions of federal courts Executive orders of the President of the United States Hearings before the Senate

Hearings before the Senate

In the common law system of the United States, a crime is defined as:

any act or omission prohibited by the government and made punishable in a judicial proceeding brought by the government.

The party who files an appeal is the:

appellant

A constitution:

restricts the powers of government, specifically enumerates certain liberties of the people, and establishes governmental structure.

The law that creates, defines, and regulates legal rights and obligations is known as:

substantive law.

The separation of powers involves:

the federal judiciary. the Congress and the Executive branch.

A(n) ____ is the fundamental law of a particular level of government.

constitution

The law is in part:

prohibitory. mandatory. and permissive.

The ____ to the U.S. Constitution makes it clear that the enumeration of rights found in the Constitution does not in any way deny or limit other rights that the people retain.

9th Amendment

Characteristics of a common law system include which of the following?

A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.

The ____ is composed of a distinguished group of lawyers, judges, and law teachers who have assumed the task of preparing "an orderly restatement of the general common law of the United States."

American Law Institute

The common law system is found in:

Australia and England (not Louisiana)

The courts are likely to provide remedies in all but which of the following cases? A person refuses to return your friend's book. A passerby refuses to help rescue a drowning woman. A person pushes a man into the lake. A person does not drive carefully on a busy street.

A passerby refuses to help rescue a drowning woman.

Which of the following is a common purpose of the civil and criminal law?

Deterrence

The law is the same as moral and ethical concepts

False

Which one of the following is NOT true of a suit brought under criminal law? It must be brought by the government. It is brought on the ground of public policy. Proof of guilt must be "by preponderance of the evidence." Conviction may result in imprisonment.

Proof of guilt must be "by preponderance of the evidence."

Which of the following is a remedy that can be obtained from a court of equity? A maxim Specific performance Money damages Stare decisis

Specific performance

Decisions of state courts of appeals are published in volumes known as "reports."

True

Laws that are enacted by legislatures are called statutes.

True

The President of the United States has the authority to issue laws.

True

The federal Constitution provides that federal statutes and treaties are paramount to state constitutions.

True

The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme Court of the United States.

True

The law can be defined as predictions of the way in which a court will decide specific legal questions.

True

The law is pervasive; it is in part prohibitory and in part mandatory.

True

The party bringing a civil lawsuit must prove the case by a preponderance of the evidence.

True

You find a decision of the U.S. Court of Appeals in the Federal Reporter.

True

The three distinct and independent branches of the United States government are:

the federal judiciary, the Congress, and the executive branch.

What is the supreme law of the land in the United States?

The U.S. Constitution

Societies that have law are guaranteed justice.

False

State statutes are not subordinate to state constitutional mandates.

False

In nearly every jurisdiction in the United States, courts of equity are distinct and separate from courts of law.

False

In the United States, treaties are not subject to judicial review.

False

Laws passed by Congress are the supreme law of the land in the United States and take precedence over the United States Constitution.

False

The sources of law in the American legal system include which of the following? (2) State administrative regulations Executive orders Ordinances

Executive orders Ordinances

A private citizen may bring a criminal action against an individual for breaking a criminal law.

False

Business law is primarily public law.

False

Common law systems of jurisprudence follow the inquisitorial method of adjudication.

False

Decisions in state trial courts generally are reported or published.

False

American jurists ____ and ____ defined law in a functional sense as predictions of the way that a court will decide specific legal questions.

Oliver Wendell Holmes and Benjamin Cardozo

The person who files or commences a civil lawsuit is known as the:

Plaintiff

The ____ are orderly compilations of the general common law of the United States, prepared by a distinguished group of lawyers, judges, and law teachers.

Restatements of Law

Because of the increasing complexity of the social, economic, and industrial life of the nation, the scope of ____ law has expanded enormously.

administrative

The area of public law that creates the most rules and decides the most controversies is:

administrative law

Which of the following is correct regarding the decisions of state trial courts? They are generally not reported. They are reported in regional reports. They are reported in state court reports. They are binding upon higher courts based upon the principle of stare decisis.

They are generally not reported.

Which of the following is NOT considered to be an equitable remedy? They were originally presided over by a chancellor. They provided remedies not available in courts of law. They provided for trials by jury. They followed maxims.

They provided for trials by jury.

Which of the following is correct regarding the English courts of equity? They were presided over by a chancellor. They could only award money damages. They could issue a decree ordering a defendant to do or refrain from doing a specific act. Both (a) and (c) are correct.

They were presided over by a chancellor. They could issue a decree ordering a defendant to do or refrain from doing a specific act. Both (a) and (c) are correct.

A judge deciding a common law case must look to decisions in prior, similar cases for guidance.

True

A reason for the application of sanctions is to assure that laws will be enforced.

True

Business law topics such as contracts, agency, property, and trusts are governed primarily by the common law

True

Which of the following is correct with regard to treaties in the United States legal system? They have no legal effect. Under the U.S. Constitution they must be signed by the President and approved by the U.S. Senate. They have no effect on business law. They must be approved by the States before they have the force of law.

Under the U.S. Constitution they must be signed by the President and approved by the U.S. Senate.

The branch of public law that deals with the various regulatory functions and activities of the government is:

administrative law.

Which of the following is characteristic of a common law legal system? a. It relies heavily on the adversary method for settling disputes. b. It depends heavily on comprehensive legislative enactments called Codes. c. It applies the principle of stare decisis. d. Both (a) and (c) are characteristics of common law systems.

a. It relies heavily on the adversary method for settling disputes. c. It applies the principle of stare decisis. d. Both (a) and (c) are characteristics of common law systems.

The doctrine of stare decisis means that:

courts adhere to and rely on rules of law that they or superior courts announced and applied in prior similar decisions.

A ____ is any act or omission prohibited by public law in the interest of protection of the public and made punishable by the government in a judicial proceeding brought by it, whereby proof must be beyond a reasonable doubt.

crime

In a court of equity, a chancellor could issue an order called a ____, compelling a defendant to do or refrain from doing a certain act.

decree

A court order requiring that a person do or refrain from doing a particular act is known as a(n):

injunction

The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies. This is called:

judge-made law. case law. and common law.