B-Law Ch. 1

Lakukan tugas rumah & ujian kamu dengan baik sekarang menggunakan Quizwiz!

In the common law system of the Unites 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

Sources of federal law include all but which of the following?

hearings before the Senate

A court order requiring that a person do or refrain from doing a particular act is known as an

injunction

Which of the following is characteristic of common law legal system?

it relies heavily on the adversary method for settling disputes, it applies the principle of stare decisis

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, common law

Which of the following is NOT considered to be an equitable remedy?

money damages

A constitution:

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

Which of the following is a remedy that can be obtained from a court of equity?

specific performance

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

substantive law

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

the U.S. Constitution

The party who files an appeal is the

appellant

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

constitution

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 an 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 bound 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

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

deterrence

The sources of law in the American legal system include which of the following?

executives orders, ordinances

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

plaintiff

The law is in part

prohibitory, mandatory, permissive

Which one of the following is NOT true of a suit brought under criminal law?

proof of guilt must be "by preponderance of the evidence"

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

The _____ is composed of a distinguished groups of lawyers group 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, england

A private citizen may bring 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

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

Societies that have law are guaranteed justice

False

State statutes are not subordinate to state constitutional mandates

False

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

False

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

False

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

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 law is the same as moral and ethical concepts

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

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 ____ 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

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

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 federal Constitution provides that federal statutes and treaties area 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 party prohibitory and in part mandatory

True

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

True

The president of the united states has the authority to issue laws

True

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

True

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 courts are likely to provide remedies in all but which of the following cases?

a passerby refuses to help rescue a drowning woman

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, a federal statute may supersede a prior treaty

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

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

administrative law

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

the federal judiciary, the Congress, and the executive branch

The separation of powers involves

the federal judiciary, the congress, the executive branch

Which of the following is NOT true about the equity courts?

the provide for trials by jury

Which of the following is correct regarding the decisions of state trial courts?

they are generally not reported

Which of the following is correct regarding the English courts of equity?

they were presided over by a chancellor, they could issue a decree ordering a defendant to do or refrain from doing a specific act

Which of the following is correct with regard to treaties in the United States legal system?

under the U.S. Constitution they must be signed by the President and approved by the U.S. senate


Set pelajaran terkait

Establishing the Total Marketing

View Set