BUL Ch.1 Q's

The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought? -Natural Law -Legal Realist School -Positivist School -Historical School

- Legal Realist School

The belief that as humans we are all entitled to certain fundamental rights is a component of which school of thought? -Positivist School -Historical School -Legal Realism -Natural Law

- Natural Law

Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers. -856 S.W.2d 12 (Ark. 1993) -24 C.F.R. Part 570 -Ark. Code Ann. § 6-17-2401 (2020) -Cal. Penal Code § 11164(a) (West 2020)

-Ark. Code Ann. § 6-17-2401 (2020) -Cal. Penal Code § 11164(a) (West 2020)

Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by: -the U.S. Supreme Court. -Congress. -a federal district court. -a federal agency.

-Congress.

Under the common law, which of the following is true? -Judges are responsible for the creation of statutes. -Congress is responsible for interpreting the common law. -Judges may never deviate from established precedent. -In a case of first impression, a judge may use persuasive authorities rather than precedents.

-In a case of first impression, a judge may use persuasive authorities rather than precedents.

You've decided to buy some rental property but know very little about the law regarding landlord-tenant relations. You head to the local law library to do a little research on the subject. The law librarian is extremely helpful, and with his help, you have lots of reading material about landlord-tenant law! You discover there are several kinds of law and that some laws are procedural and other laws are substantive. What do you think procedural law covers? -The punishments for violating criminal laws. -The methods of enforcing the rights established by substantive law. -The steps to take in researching the law. -The remedies available when you win a civil lawsuit.

-The methods of enforcing the rights established by substantive law.

What do legal professionals use to analyze court decisions that are relevant to their clients' cases? -promulgation -the FLAC method -local court rules -case briefing

-case briefing

The principle of stare decisis does which of the following? -creates predictability in the legal system -uses statutory law to guide judges to the right decision -ensures that no changes in the law ever take place -requires the fact pattern of the current case to be exactly like the fact pattern of the precedent

-creates predictability in the legal system

State statutory law is created by: -elected members of the state legislature. -the governor. -elected congressional members. -elected members of the judiciary.

-elected members of the state legislature

Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called: -legal realism. -legal positivism. -the historical school of legal thought. -the natural law theory.

-legal realism.

If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they: -may ask an appellate court to decide the matter. -may create new precedent. -must decline to hear the matter. -must wait until another judge creates precedent.

-may create new precedent.

How a hearing or court case is conducted is governed by: -venue. -interpretation. -statutory law. -procedural law.

-procedural law

Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of: -persuasive authority. -common law. -stare decisis. -precedent.

-stare decisis.

Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as: -an ordinance. -statutory law. -common law. -administrative law.

-statutory law.

Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that: -both laws are procedural. -both laws are substantive. -the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law. -the law that defines the crime is a procedural law, and the law that provides for the right to appeal is a substantive law.

-the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.

Historically, the common law developed from: -the unification of local customs and laws in feudal England. -the democratic creation of rules and laws in ancient Greece. -the movement from religious to secular law in 15th raised to the th power century Europe. -the emergence of courts of law and courts of equity in seventeenth century France.

-the unification of local customs and laws in feudal England.

In the United States, who creates federal statutory law? -Congress. -uniform law committees -the judiciary. -the executive branch

Congress.

Which of the following is an example of federal agency regulations that impact business operations? -Internal Revenue Service rules for business tax audits -U.S. Supreme Court decisions -wage and hour laws -The Consumer Protection Act

Internal Revenue Service rules for business tax audits

The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the: -United States. -United States Supreme Court Reports Lawyers' Edition. -U.S. Supreme Court. -United States Reports.

United States Reports.

Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers. -online legal research engines such as Lexis, Westlaw, or Bloomberg -published session laws -published ordinances -bound volumes of reported court decisions, organized by jurisdiction, date, and courts

-online legal research engines such as Lexis, Westlaw, or Bloomberg -bound volumes of reported court decisions, organized by jurisdiction, date, and courts

A legal citation for a court decision is used by legal professionals to research the law, and includes: -party names, location of the published case, court, and date of decision. -plaintiff and defendant names, and facts of the case. -a summary of the case. -party names and the court's holding.

-party names, location of the published case, court, and date of decision

Substantive law governs a person's: -procedural responsibilities. -rights and responsibilities. -regulatory responsibilities. -ethical responsibilities.

-rights and responsibilities.