Ch 1 - Legal Heritage and the Digital Age

Which of the following is NOT a primary function of law in the United​ States? A. establishing uniform principles of individual morality B. facilitating planning C. facilitating orderly change D. providing a basis for compromise E. maximizing individual freedom

A. establishing uniform principles of individual morality

The United States has addressed the environment that resulted from the information age in all of the following ways EXCEPT​ __________. A. using interpretation to have courts apply existing laws to the digital environment B. limiting the use of digital technologies by the government Your answer is correct. C. writing new laws that apply specifically to the digital environment D. enacting federal statutes

B. limiting the use of digital technologies by the government

​________ courts were allowed to give equitable remedies under the English common law.

Chancery

The​ _____ School of jurisprudence believes that the law is a set of rules​ developed, communicated, and enforced by the ruling party rather than a reflection of the​ society's morality,​ history, logic, or sociology.

Command

The​ _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.

Critical Legal Studies

​_____ improves a​ person's problem-solving skills and helps him or her to make​ clear, logical,​ rational, and​ well-reasoned conclusions and judgments.

Critical legal thinking

Which of the following statements is true about the early development of English common​ law?

Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.

When legal scholars look to past legal decisions​ (precedent) to solve contemporary​ problems, it is an example of which school of​ jurisprudence?

Historical School

Laws that make certain activities crimes are an example of which function of the​ law?

Keeping the peace

​_____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.

Law

The​ _____ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making.

Law and Economics

Which of the following schools of jurisprudential thought might suggest that the federal​ government's policy of subsidized housing provides incentives resulting in too many homes being​ built?

Law and Economics

The​ _____ School of jurisprudence asserts that the law should be based on morality and ethics.

Natural Law

The​ _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals.

Sociological

​_____ the supreme law of the United States.

The United States Constitution is

Which of the following is an example of the Socratic method of​ teaching?

asking students questions about a case or legal issue

English​ _____ law was developed by​ judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases.

common

Laws that are enacted only after considerable​ study, debate, and public input are an example of which function of the​ law?

facilitating orderly change

The Securities and Exchange Commission is an example of a​ _____.

federal administrative agency

Laws that allow for the settlement of cases prior to trial are an example of which function of the​ law?

providing a basis for compromise

​A(n) _____ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.

statute

What was the main reason for the establishment of chancery courts during the development of English common​ law?

to eliminate unfair results and limited remedies of law courts

Which of the following are categories of courts that established English common​ law?

​law, equity, and merchant

Which of the following is NOT a relevant question according to the IRAC method of critical legal​ thinking? A. What was the conclusion or outcome of the​ case? B. What is the​ court's analysis and​ rationale? C. What is the rule of the​ case? D. Which executive nominated the judge presiding over the​ case? E. What is the legal issue in the​ case?

D. Which executive nominated the judge presiding over the​ case?

The United​ States' law evolves and changes along with all of the following EXCEPT​ __________. A. growth and expansion of commerce in the United States B. technology C. growth and expansion of commerce in the world D. misuses and oversights of our legal system E. the norms of society

D. misuses and oversights of our legal system

​A(n) _____ is a law enacted by local government​ bodies, such as cities and​ municipalities, counties, school​ districts, and water districts.

ordinance

​_____ means​ "to stand by the​ decision."

stare decisis

The Texas Natural Resources Code is an example of​ a(n) _____.

state statute

What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common​ law?

to administer the law in a uniform manner