BLAW Chapter 1 Multiple Choice

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

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

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 common law All of the above

A constitution:

restricts the powers of the government specifically enumerates certain liberties of the people establishes governmental structure All of the above

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

substantive law

The party who files an appeal is the:

appellant

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

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

The law is in part:

prohibitory mandatory permissive All of the above

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 & England

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.

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

Constitution

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

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?

Executie orders Ordinances

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

Hearings before the Senate

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

It relies heavily on the adversary method for settling disputes. It applies the principle of stare decisis

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

Money damages

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

Oliver Wendell Holmes & Benjamin Cardozo

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

Plaintiff

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 ___ 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

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

Specific Performance

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

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

Which of the following is correct regard to treating in the United States is legal

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

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

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

The U.S. Constitution

The separation of power involves:

The federal judiciary. The Congress The Executive branch All of the above

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

The provided for trials by jury

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

They are generally not reported