Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Chapter 1. Introduction to Law
1. Philosophers and jurists agree on a single definition of law: rules of civil conduct prescribed by the supreme power of
a state, commanding what is right and prohibiting what is wrong.
a. True
b. False
2. The law is the same as moral and ethical concepts.
a. True
b. False
3. Law and justice represent separate and distinct concepts.
a. True
b. False
4. Substantive law establishes the rules for enforcing rights that exist in a society.
a. True
b. False
5. The federal Constitution provides that federal statutes and treaties are paramount to state constitutions.
a. True
b. False
6. Usual remedies granted in a criminal case include compensation for the victim.
a. True
b. False
7. The law does not change; it is based on unchanging and universal truths.
a. True
b. False
8. A reason for the application of sanctions is to assure that laws will be enforced.
a. True
b. False
9. A private citizen may bring a criminal action against an individual for breaking a criminal law.
a. True
b. False
10. Under the civil law system, adversaries initiate and conduct litigation.
a. True
b. False
11. The doctrine of stare decisis has the disadvantage of not allowing sufficient flexibility for the common law to
change.
a. True
b. False
12. In nearly every jurisdiction in the United States, courts of common law and courts of equity have combined into a
single court that administers both systems of law.
a. True
b. False
13. State statutes are subordinate to state constitutional mandates.
a. True
b. False
14. Laws that are enacted by legislatures are called statutes.
a. True
b. False
15. The Uniform Commercial Code is a federal law that applies to commercial transactions among the states.
a. True
b. False
16. Laws passed by Congress are the supreme law of the land in the United States and take precedence over the United
States Constitution.
a. True
b. False
17. The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme
Court of the United States.
a. True
b. False
18. The common law system of law is used in most of Europe, Scotland, and Latin America.
a. True
b. False
19. Decisions in state trial courts generally are reported or published.
a. True
b. False
20. The principle of stare decisis precludes courts from changing any decisions they previously announced.
a. True
b. False
21. Under the principle of stare decisis, the U.S. Supreme Court must follow a rule of law applied by a district court
(federal trial court) in a prior decision involving a similar issue.
a. True
b. False
22. Common law systems of jurisprudence follow the inquisitorial method of adjudication.
a. True
b. False
23. Business law topics such as contracts, agency, property, and trusts are governed primarily by the common law.
a. True
b. False
24. The law is pervasive, and it is in part prohibitory and in part mandatory.
a. True
b. False
25. If the State of Minnesota negotiates with the Canadian government on issues involving acid rain and eventually
reaches an agreement with Canadian officials, this is a valid treaty under the United States Constitution.
a. True
b. False
26. In the United States, treaties are not subject to judicial review.
a. True
b. False
27. The party bringing a civil lawsuit must prove the case by a preponderance of the evidence.
a. True
b. False
28. The primary function of law is to preserve the state.
a. True
b. False
29. Business law is primarily public law.
a. True
b. False
30. Decisions of state courts of appeals are published in volumes known as "reports."
a. True
b. False
31. The terms "law" and "justice" are interchangeable.
a. True
b. False
32. The President of the United States has the authority to issue laws.
a. True
b. False
33. You find a decision of the U.S. Court of Appeals in the Federal Reporter.
a. True
b. False
34. In the common law system of the United States, a crime is defined as:
a. a private wrong that necessitates litigation between the victim and the perpetrator.
b. any act or omission prohibited by the government and made punishable in a judicial proceeding brought by the
government.
c. litigation where the injured party sues to recover compensation for the damages and injury sustained as a
result of the defendant's wrongful conduct.
d. interstate compacts and the rules and regulations of federal and state agencies.
35. What is the supreme law of the land in the United States?
a. Federal statutes
b. The UCC
c. The common law
d. The U.S. Constitution
36. Statutory law is:
a. not well suited for making drastic or comprehensive changes, thus its importance as a source of law has
diminished since the end of the nineteenth century.
b. the primary source of law for such business law topics as contracts, agency, property, and trusts.
c. a primary source of new law and ordered social change in the United States.
d. created by legislatures, which are less likely to repeal prior enactments than courts are likely to overrule prior
decisions.
37. The courts are likely to provide remedies in all but which of the following cases?
a. A person refuses to return your friend's book.
b. A passerby refuses to help rescue a drowning woman.
c. A person pushes a man into the lake.
d. A person does not drive carefully on a busy street.
38. Which one of the following is NOT true of a suit brought under criminal law?
a. It must be brought by the government.
b. It is brought on the ground of public policy.
c. Proof of guilt must be "by a preponderance of the evidence."
d. Conviction may result in imprisonment.
39. Sources of federal law include all but which of the following?
a. Rules of administrative agencies
b. Decisions of federal courts
c. Executive orders of the President of the United States
d. Hearings before the Senate
