Chapter 1:
When legal scholars look to past legal decisions (precedent) to solve contemporary problems, it is an example of which school of jurisprudence?
Historical School
_____ the supreme law of the United States.
The United States Constitution is
After it was discovered that Apple's software updates were intentionally causing their phones to slow down, which of the following did Apple NOT agree to do? A. Apple agreed to pay at minimum $325 million to iPhone users whose phones had slowed down. Your answer is not correct. B. Apple agreed to pay those who gave evidence in the case $3,500 each. C. Apple agreed to stop slowing down phones. This is the correct answer. D. Apple agreed to pay lead plaintiffs in the case $1,500 each. E. Apple agreed to notify iPhone users of software updates that would cause an adverse effect on performance.
Apple agreed to stop slowing down phones.
Which of the following is NOT a component of critical thinking? A. engaging in logical inquiry and reasoning B. discounting opposing positions and arguments Your answer is correct. C. evaluating information and appraising evidence D. recognizing and identifying problems E. considering alternative perspectives
B. discounting opposing positions and arguments
________ 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? A. Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts. Your answer is correct. B. Rather than inquire into the merits of the case, the chancery court emphasized legal procedure. C. English common law is considered civil law. D. English common law is based on French law. E. Decisions of the law courts took precedence over those of the Court of Chancery.
Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.
Which of the following is NOT true about the arrival of the information age? A. The U.S. Congress has enacted federal statutes to regulate the new environment. B. It arrived after new laws were written that were unique and specific to this environment. Your answer is correct. C. New laws have been written that apply specifically to this new digital and information technology environment. D. It arrived before new laws were written that were unique and specific to this environment. E. Courts have applied existing laws to the new digital and technological environment by requiring interpretations and applications.
It arrived after new laws were written that were unique and specific to this environment.
_____ 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
Which of the following is NOT true about stare decisis? A. The courts of one jurisdiction are not bound by the precedents established by the courts of another jurisdiction. Your answer is not correct. B. The courts of one jurisdiction are bound by the precedents established by the courts of another jurisdiction. This is the correct answer. C. Lower courts must follow the precedent established by higher courts. D. All federal and state courts in the United States must follow the precedents established by U.S. Supreme Court decisions. E. Past court decisions become precedent for deciding future cases.
The courts of one jurisdiction are bound by the precedents established by the courts of another jurisdiction.
Who may issue executive orders?
The president of the United States and state governors
Which of the following is not a relevant question according to the IRAC method of critical legal thinking?
Which of the following is not a relevant question according to the IRAC method of critical legal thinking?
Which of the following is an example of the Socratic method of teaching? A. using PowerPoints B. giving a multiple-choice test Your answer is not correct. C. asking students questions about a case or legal issue This is the correct answer. D. recording lectures E. giving short answer quizzes
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
Which of the following is NOT a primary function of law in the United States? A. providing a basis for compromise B. facilitating planning C. facilitating orderly change D. establishing uniform principles of individual morality Your answer is correct. E. maximizing individual freedom
establishing uniform principles of individual morality
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 make certain activities crimes are an example of which function of the law?
keeping the peace
United States' law evolves and changes along with all of the following EXCEPT: A. misuses and oversights of our legal system Your answer is correct. B. the norms of society C. growth and expansion of commerce in the United States D. technology E. growth and expansion of commerce in the world
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
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 doctrine of _____ promotes uniformity of law within a jurisdiction, makes the court system more efficient, and makes the law more predictable for individuals and businesses.
stare decisis
The Texas Natural Resources Code is an example of a(n) _____.
state statute
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
Which of the following is NOT a skill developed through reviewing the court cases in the textbook? A. technical computer skills Your answer is correct. B. analytical thinking skills C. critical thinking skills D. applying what you have learned to situations similar to what you may encounter during your career E. ethical thinking skills
technical computer skills
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
Which of the following are categories of courts that established English common law?
law, equity, and merchant
The Supreme Court in Fisher v. University of Texas at Austin held that _____.
race-conscious admissions is lawful under the equal protection clause