40. American jurists and defined law in a functional sense as predictions of the way that a court will decide
specific legal questions.
a. Roscoe Pound and Alexander Hamilton
b. Blackstone and Austin
c. Roscoe Pound and Benjamin Cardozo
d. Oliver Wendell Holmes and Benjamin Cardozo
41. The separation of powers involves:
a. the federal judiciary, the federal Congress and the federal executive branch
b. the federal House of Representatives and the federal Senate
c. the executive branches at the federal, state, and local levels
d. the court systems at the federal, state and local levels
42. The law is in part:
a. prohibitory, mandatory and permissive.
b. mandatory, mundane and mediocre.
c. permissive, passive and meditative.
d. prohibitory, malevolent, and mandatory.
43. A(n) is the fundamental law of a particular level of government.
a. Restatement of law
b. executive order
c. constitution
d. code
44. A is any act or omission prohibited by public law in the interest of protection of the public and made punishable
by the government in a judicial proceeding brought by it, whereby proof must be beyond a reasonable doubt.
a. rescission
b. sanction
c. crime
d. maxim
45. The courts in law systems such as the one in the United States have developed a body of law that serves as
precedent for determination of later controversies. This is sometimes called:
a. statutory law.
b. common law.
c. equity law.
d. administrative law.
46. In a court of equity, a chancellor could issue an order called a
doing a certain act.
a. judgment
b. decree
c. stare decisis
d. rescission
, compelling a defendant to do or refrain from
47. The branch of public law that deals with the various regulatory functions and activities of the government is:
a. criminal law.
b. administrative law.
c. constitutional law.
d. substantive law.
48. A constitution does not:
a. restrict the powers of government.
b. specifically enumerate certain liberties of the people.
c. establish governmental structure.
d. clearly define all the powers of the state governments.
49. The person who files or commences a civil lawsuit is known as the:
a. plaintiff.
b. prosecuting attorney.
c. defendant.
d. attorney general.
50. Because of the increasing complexity of the social, economic, and industrial life of the nation, the scope of
has expanded enormously.
a. common
b. administrative
c. procedural
d. equity
51. A court order requiring that a person do or refrain from doing a particular act is known as a(n):
a. injunction.
b. maxim.
c. statute.
d. executive order.
law
52. The three distinct and independent branches of the United States government are:
a. the executive branch, the House of Representatives, and the U.S. Senate.
b. the federal judiciary, the House of Representatives, and the U.S. Senate.
c. the federal judiciary, the Congress, and the executive branch.
d. the state government, the Congress, and the executive branch.
53. The are orderly compilations of the general common law of the United States, prepared by a distinguished
group of lawyers, judges, and law teachers.
a. Statutes
b. Executive Orders
c. Maxims
d. Restatements of Law
54. The sources of law in the American legal system include ALL BUT which of the following?
a. State administrative regulations
b. Executive orders
c. Resolutions passed by the United Nations
d. Federal legislation
55. Which of the following is a common purpose of the civil and criminal law?
a. Compensation
b. Rehabilitation
c. Deterrence
d. Punishment
56. Which of the following is characteristic of a common law legal system?
a. It relies heavily on the inquisitorial method for settling disputes.
b. It depends heavily on comprehensive legislative enactments called Codes.
c. It applies the principle of stare decisis.
d. It is based on Roman law.
57. The area of public law that creates the most rules and decides the most controversies is:
a. criminal law.
b. judicial law.
c. legislative law.
d. administrative law.
58. Which of the following is NOT considered to be an equitable remedy?
a. Specific performance
b. Injunction
c. Reformation
d. Money damages
59. Which of the following is NOT true about the equity courts?
a. They were originally presided over by a chancellor.
b. They provided remedies not available in courts of law.
c. They provided for trials by jury.
d. They followed maxims.
60. The doctrine of stare decisis means that:
a. the common law has not been able to evolve in a stable and predictable manner.
b. certain decisions cannot be appealed.
c. courts adhere to and rely on rules of law that they or superior courts announced and applied in prior similar
decisions.
d. courts are not allowed to correct erroneous decisions or choose among conflicting precedents.
61. Which of the following is correct with regard to treaties in the United States legal system?
a. They have no legal effect.
b. Under the U.S. Constitution they must be signed by the President and approved by the U.S. Senate.
c. They have no effect on business law.
d. They must be approved by the States before they have the force of law.
62. Which of the following is correct regarding the decisions of state trial courts?
a. They are generally not reported.
b. They are reported in regional reports.
c. They are reported in state court reports.
d. They are binding upon higher courts based upon the principle of stare decisis.
63. The law that creates, defines, and regulates legal rights and obligations is known as:
a. substantive law.
b. procedural law.
c. Constitutional law.
d. criminal law.
64. Which of the following is correct regarding the English courts of equity?
a. They were presided over by the king.
b. They could only award money damages.
c. They could issue a decree ordering a defendant to do or refrain from doing a specific act.
d. They issued rulings only when a court of common law had refused to do so.
65. The to the U.S. Constitution makes it clear that the enumeration of rights found in the Constitution does not in
any way deny or limit other rights that the people retain.
a. 1st Amendment
b. 10th Amendment
c. 12th Amendment
d. 9th Amendment
66. The party who files an appeal is the:
a. appellant.
b. appellee.
c. defendant.
d. plaintiff.
67. What is the relationship between rights and duties under the law?
68. What is stare decisis? Discuss its place in the American legal system.
69. What are the various kinds or sources of American law? Discuss how these various types of law interrelate to form
the system of law in the United States.
70. What is law? Discuss the various definitions of law by legal scholars. What is the relationship between law and
morality and between law and justice?
71. You have just been asked to serve as a host for a visitor from France who is very interested in the American legal
system and the formation of law in the United States. How would you explain the nature of the legal system in this
country to your guest?
72. What is the function of law? Some observers claim we have too much law today. What accounts for the increased
number of laws that exist today?
73. Explain how the terms civil law and civil law system differ.