blaw chapter 1

Contemporary law's principle of collective responsibility, such as all partners being personally responsible for the debts of the partnership, had its roots in the a. Anglo-Saxon method of ensuring public order through tithing. b. English use of "shire reeves." c. Anglo-Saxon practice of using "oath helpers." d. English system of feudalism.

Anglo-Saxon method of ensuring public order through tithing

Tony raped Jane in the parking lot of Joe's Brew Pub. The District Attorney's office prosecuted Tony on rape charges. Subsequently, Jane filed a lawsuit against Tony for money damages. Classify each legal action. a. Both cases are criminal. b. The District Attorney's case was a civil case. Jane's lawsuit was a criminal case. c. The District Attorney's case was a criminal case; Jane's lawsuit was a civil case. d. Both cases are civil.

The District Attorney's case was a criminal case; Jane's lawsuit was a civil case.

Which of the following played a role in the creation of the U.S. government by solving the problem of federalism? a. The Iroquois Native Americans b. The Visigoths c. Alexis de Tocqueville d. Confucius

The Iroquois Native Americans

Hasbro, Inc., the trademark owner of "Candy Land," sought a court injunction to stop Internet Entertainment Group, LTD from using the domain name, "candyland.com." Internet Entertainment Group had established a sexually explicit site at the domain name. This injunction would have to be issued by a. an executive order. b. a judge. c. a lawyer. d. a jury.

a judge

The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom. This law is a. an ordinance. b. a stare decisis. c. a statute. d. an executive order.

a statute

President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was a. an illegal usurption of the regulatory powers of administrative agencies. b. a valid use of judicial power. c. an illegal usurption of legislative powers which belong to the Congress. d. a valid use of power based on Article II of the Constitution.

a valid use of power based on Article II of the Constitution

When the Food and Drug Administration prohibits a certain drug from being marketed in the United States, this is a. an agency regulation. b. private law. c. an executive order. d. legal negativism.

an agency regulation

The President of the United States a. can veto Congressional legislation. b. creates federal common law. c. passes statutes. d. determines the constitutionality of statutes.

can veto Congressional legislation

The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether. This kind of case involves a. criminal law. b. procedural law. c. private law. d. civil law.

criminal law

Congress can create a statute on any topic at all.

false

If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a 51% majority.

false

Lawyers originated in Anglo-Saxon courts, where they were used to mediate disputes

false

The case called Kuehn v. Pub Zone would reveal that Kuehn is the plaintiff, since the plaintiff is always listed first.

false

The doctrine of precedent is binding on all courts from county courts to the U.S. Supreme Court..

false

Wilfred was driving too fast for the icy road conditions and hit Sally's car. Sally can sue Wilfred in criminal court.

false

The federal judicial branch of the U.S. government a. issues executive orders. b. creates administrative agencies. c. passes statutes. d. interprets statutes.

interprets statutes

common law refers to a. the legal systems of France, Germany, and Italy. b. law made by legislatures in the form of statutes. c. law made when judges decide cases and then follow those decisions in later cases. d. law that is the same or similar in all the states.

law made when judges decide cases and then follow those decisions in later cases.

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process? a. Natural law b. Sovereign selection c. Legal positivism d. Legal realism

legal realism

The three branches of government in the United States are a. the executive, legislative, and administrative. b. the administrative, legislative, and international. c. the administrative, executive, and statutory. d. the executive, legislative, and judicial.

the executive, legislative, and judicial

A rule that establishes maximum length of work shifts for air traffic controllers demonstrates an agency imposing a regulation

true

In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and found a duty of care to avoid furnishing alcohol to underage consumers. If in 2008 a Flagstaff, Arizona plaintiff brings a lawsuit against an Arizona university's fraternity for providing alcohol to members under the legal drinking age, the Hernandez v. Arizona Board of Regents case will serve as precedent.

true

In Anglo-Saxon society, men were put into groups of ten, known as a "tithing" and were individually held responsible for any injury caused by any member of the group. This is the forerunner of the idea of business partnerships.

true

Under the natural law theory of jurisprudence, an unjust law is no law at all.

true

The United States Supreme Court has the power to a. appoint judges to serve on the Supreme Court. b. issue executive orders. c. void laws passed by Congress. d. ratify treaties.

void laws passed by Congress

If the title of an appellate court case appears as Jones v. Smith, a. then it is correct to say that Jones is the plaintiff and Smith is the defendant. b. it means that Smith won the trial court decision. c. you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties. d. the trial judge was Jones and the appellate judge is Smith.

you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties.