Chapter 1: Laws and Their Ethical Foundation
1. Our law codes today are similar to those of civilizations thousands of years old.
2. A group of laws put together in an organized form is called a statute.
3. The Supreme Court of the United States is the final interpreter of the federal Constitution.
4. The world’s two great systems of law are the English common law and the Napoleonic Code.
5. Intrastate commerce is commerce between two or more states.
6. Administrative agencies are usually controlled by the judicial branch of the government.
7. The Uniform Commercial Code (UCC) is a federal statute.
8. The system of law in the United States is based on the English common law.
9. The doctrine of stare decisis requires lower courts to follow established case law in deciding similar cases.
10. In the United States today, law courts and equity courts generally are merged.
11. The power to decide a case is termed
A. fiat.
B. the long arm of the law.
12. When Dorothea moved into her community and wanted to start a home-based business, the city required her
to purchase a $20 permit and to register her business name with the local county government. This situation is
an example of a(n)
C. administrative law.
D. criminal law.
13. Which type of law allows for flexibility within a legal system?
C. positive law
D. sovereign law
14. Governing rules and regulations passed by a city council or county government are referred to as
C. case law.
D. promulgations.
15. Which of the following is true regarding federal case law?
A. created by legislature
B. created after a trial has ended and one of the parties appeals case to a higher court
16. Rule-based ethical reasoning
A. focuses on the consequences of an action and alternatives to it.
B. when a law is violated, many more people are injured than are benefited.
17. At what level are laws created in the United States?
A. federal government
B. state government
18. Meryle Ann’s mother recently died and, unfortunately, did not leave any type of will for her estate. In order
to properly divide her mother’s estate among her and her brothers, Meryle Ann will hire a lawyer to handle this
case. In which specialty area should she seek to find a lawyer?
A. criminal law
B. statutory law
19. Raye and Yasmin own and operate a trucking company in which they transport goods and supplies from
their home state to 43 other states in the United States. Who has the power to provide regulations that Raye and
Yasmin must follow in their type of commerce?
C. local government
D. both a and b
20. The allocation of powers between people and their governments reserving the rights of citizens and
protecting them from government actions is set forth in the
A. U.S. Constitution.
21. The courts of equity were created to handle cases that the ___________________ courts could not.
A. jurisdictional
B. property
22. The document that sets forth the framework of a government and its relationship to the people it governs is
A. the Bill of Rights.
B. an ordinance.
23. If a state constitution and the U.S. Constitution conflict, which prevails?
C. neither prevails—the matter is referred to Congress
D. neither prevails—the matter is referred to the President
24. The third stage in the growth of law is
A. personal revenge.
B. substitution of damages for revenge.
25. Which of these is based on the current standards or customs of the people?
A. civil law
B. positive law
26. Which state has its legal system based on the Roman civil law format of organized, comprehensive sets of
statutes in code form?
A. Missouri
B. California
27. The panel of citizens chosen to help interpret a region’s customs for a court is referred to today as a(n)
C. factual panel.
D. court.
28. An open, peaceful violation of a law to protest its alleged, or supposed, injustice is referred to as
A. political protest.
B. civil riot.
29. Laws made by administrative agencies are often called
C. standards.
D. guidelines.
30. Which of these terms describes using prior cases as a guide for deciding similar new cases?
A. injunction
B. code
31. Business law mainly is concerned with ___________________ governing contracts, property, and many
other business-related areas.
C. substantive law
D. procedural law
32. In order to produce stability in a society, its laws should have two qualities: ____________________ and
____________________.
33. Marcos is completing his criminal justice degree at a local university hoping to become a law enforcement
officer. In addition to his degree he will complete an officer training program in his city. He will learn when and
how police officers can make arrests as well as the methods used in trials. Marcos will study
____________________ law to understand the steps involved in making arrests.
34. Because it is a higher, appellate court, the Supreme Court is not bound to follow the
____________________ regarding case law in deciding similar cases.
35. Trevor’s driver’s license expires on his birthday next month. Law requires that on or before his birthday he
must contact his state’s motor vehicle division to apply and pay for a renewal. The motor vehicle division is an
example of a(n) ____________________.
36. Many state legislatures throughout the country established laws regarding emission control systems on
motor vehicles. Drivers within these states have two years to comply with this new law. These emission control
laws are examples of ____________________.
37. A(n) ____________________ is an insurance policy that pays the employer money in case of unethical
conduct such as theft by employees.
38. When a law is invalid because it conflicts with either the federal or a state’s constitution, it is said to be
____________________.
39. Esteban and Ana own a two-story home with a swimming pool in the backyard. Last weekend, they invited
their neighbors to their home for a “springtime pool party” in their backyard. During this party, their neighbor
Cliff slipped over a garden hose resulting in a broken ankle and head wound requiring several stitches. Cliff
decides to sue Esteban and Ana to pay for the medical expenses. ____________________ law applies giving
Cliff the right to sue Esteban and Ana.
40. Yoko obtained a secured loan from a local finance company. In finalizing the loan documents, Yoko agreed
that should she default on the loan, the finance company could seize several items of her personal property to
resell to pay off the balance of the loan. The law protecting the finance company from loan defaults is part of a
body of widely adopted business laws known as the ____________________.
41. ____________________ law defines burglary and other offenses such as murder, breach of contract, and
negligence.
42. Describe the four stages in the evolution of a society’s legal system.
Chaos caused by individuals taking bloody personal revenge (first stage) for wrongs causes a powerful leader
43. Explain when civil disobedience is ethical.
Civil disobedience is ethical when a written law is in conflict with ethical reasoning and no effective political
44. Explain what is meant by the doctrine of stare decisis.
Stare decisis is Latin for “let the decision stand” and reflects a principle that generally established case law
45. What is the difference between substantive law and procedural law?
Substantive law defines the rights and duties that comprise a code of conduct for citizens in our society.
46. Explain the basic difference between rule-based and consequences-based ethical reasoning.
Rule-based ethical reasoning judges conduct as right or wrong regardless of the consequences.