CH 1 HW - Module 2
How a hearing or court case is conducted is governed by:
procedural law.
Substantive law governs a person's:
rights and responsibilities.
Which of the following citations indicates that the citation is referencing state statutory law?
Cal. Penal Code $11164(a) (West 2020) Ark. Code Ann. $5-17-2401 (2020)
In the United States, who creates federal statutory law?
Congress.
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:
Congress.
Which of the following is an example of federal agency regulations that impact business operations?
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 Reports.
Legal researchers will use which of the following tools to locate a court decision?
bound volumes of reported court decisions, organized by jurisdiction, date, and courts online legal research engines such as Lexis, Westlaw, or Bloomberg
What do legal professionals use to analyze court decisions that are relevant to their clients' cases?
case briefing
State statutory law is created by:
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.
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.
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:
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:
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:
the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.
