B-Law Ch. 1
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
