LB MC CHP 1
In which of the following ways does a state constitution differ from the U.S. Constitution?
b. A state constitution can guarantee rights beyond those provided in the U.S. Constitution.
The __________ is composed of a distinguished group of lawyers, judges, and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States."
b. American Law Institute
The President of the United States has the authority to issue laws, which are called:
b. Executive orders.
Which of the following is not ordinarily a part of a reported opinion?
b. The names of the attorneys representing the parties.
Which of the following is correct with regard to treaties in the United States legal system?
b. 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 __________ has expanded enormously.
b. administrative law
The branch of public law that deals with the various regulatory functions and activities of agencies of the government is:
b. administrative law.
The party who files an appeal is the:
b. appellant.
The decision of an equity court is called a(n):
b. decree.
Courts of equity:
b. ordinarily do not involve juries.
In which of the following cases is a court unlikely to provide remedies?
b.A stranger watches and refuses to help rescue a drowning child.
A crime is
b.Any act prohibited by the government or an omission of an act required by public law and made punishable by the government in a judicial proceeding brought by it.
Which of the following is a true statement?
c. Both of these. 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 decision of an appeals court in Minnesota would be recorded in the:
c. North Western regional reporter.
Which of the following is correct regarding the English courts of equity?
c. They would issue a decree ordering a defendant to do or to refrain from a specific act.
Maddox has been charged with vandalism of a privately owned office building. The prosecutor must prove Maddox's guilt:
c. beyond a reasonable doubt.
The doctrine of stare decisis means that:
c. courts adhere to and rely on rules of law that they or superior courts relied on in similar decisions.
The source of law best suited to making drastic or comprehensive change is:
c. statutes.
The three distinct and independent branches of the United States government are:
c. the federal judiciary, the Congress, and the executive branch.
Which one of the following is NOT true of a suit brought under criminal law?
c.Proof of guilt must be "by preponderance of the evidence."
Characteristics of a common law system include which of the following?
d. A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.
The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies. This is called
d. All of these judge-made law, case law and common law
Rosemary signs a contract to sell 500 wood panels for a specified price to Schirmer Industries to be delivered by April 1. In this case:
d. All of these statements are true.a. Rosemary has a duty to deliver the goods by April 1.b. Schirmer Industries has a right to receive the goods by April 1. c. The duties and rights of Rosemary and Schirmer Industries are correlative. d. All of these statements are true.
A constitution:
d. All of these. restricts powers of government. specifically enumerates certain liberties of the people. establishes governmental structure.
Which of the following is not a source of federal law?
d. Hearings before the Senate.
Which of the following is NOT considered to be an equitable remedy?
d. Money damages.
The __________ is an orderly compilation of the general common law of the United States, prepared by a distinguished group of lawyers, judges, and law teachers.
d. Restatement of Law
The National Conference of Commissioners on Uniform State Laws:
d. has drafted over 250 uniform laws.
In reading the title of a case, Smith v. Jones:
d. it is not always possible to determine from the case title which party is the plaintiff.
Sources of law in the American legal system include
d.All of these. state administrative rules. executive orders. ordinances.
American jurists __________ and __________ defined law in a functional sense as predictions of the way that a court will decide specific legal questions.
d.Oliver Wendell Holmes and Benjamin Cardozo
What is the supreme law of the land in the United States?
d.The U.S. Constitution.
Which of the following is correct regarding the decisions of state trial courts?
a. They are generally not reported.
An example of private law is:
a. business law.
A court order requiring that a person do or refrain from doing a particular act is known as a(n):
a. injunction.
The person who files or commences a civil lawsuit is the:
a. plaintiff.
The category of law that creates, defines, and regulates legal rights and obligations is known as:
a. substantive law.
Which of the following is not descriptive of the law?
a.it is always prohibitory.