CHAPTER 1 – INTRODUCTION TO LAW
TRUE/FALSE
1. Congress passed a law imposing penalties for displaying “indecent” material online where children
could see it. If the U.S. Supreme Court subsequently rules that the statute conflicts with the First
Amendment of the U.S. Constitution, the statute is void.
2. In Anglo-Saxon society, men were put into groups of ten, known as a “tithing” and were individually
held responsible for any injury caused by any member of the group. This is the forerunner of the idea
of business partnerships.
3. A rule that establishes maximum length of work shifts for air traffic controllers is an example of an
administrative regulation.
4. In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and
found a duty of care to avoid furnishing alcohol to underage consumers. If in 2008 a Flagstaff, Arizona
plaintiff brings a lawsuit against an Arizona university’s fraternity for providing alcohol to members
under the legal drinking age, the Hernandez v. Arizona Board of Regents case will serve as precedent.
5. Wilfred was driving at a normal rate of speed, unaware of the icy bridge ahead. He slid on the ice and
hit Sally’s car. Sally can sue Wilfred in criminal court.
6. Because US laws are concerned with morality, a person who sees a young child playing on a railroad
track must remove the child if a train is approaching.
7. Congress can create a statute only on topics that are suggested by the President.
8. If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a
51% majority.
9. The doctrine of precedent is binding on all courts from county courts to the U.S. Supreme Court..
10. The case citation Pereda v. Parajon, 957 So.2d 1194 (2007) reveals that Pereda is the plaintiff.
11. Under the natural law theory of jurisprudence, an unjust law is no law at all.
12. Common law is a body of cases decided by legislatures.
13. The Constitution ensures that the states retain all power not given to the national government.
14. DoorWay Computers, Inc., the trademark owner of “DoorWay,” sought a court injunction to prevent
Handyman Hardware, Inc. from using the domain name, “DoorWay.com.” A jury will decide whether
DoorWay is entitled to this remedy.
15. In the case of Panavision Int’l v. Toeppen, the Ninth Circuit Court of Appeals affirmed the district
court’s decision. This means that the Ninth Circuit approved the district court’s decision and upheld the
outcome in the case.
MULTIPLE CHOICE
1. The government itself prosecutes the wrongdoer in a case involving behavior so threatening
that society outlaws it altogether. This kind of case involves:
a.
Procedural law.
b.
Private law.
c.
Civil law.
d.
Criminal law.
2. The Occupational Safety and Health Administration promulgated a rule requiring warehouse
employees to wear hardhats when in the vicinity of an operating forklift. The purpose of the hardhats
is to protect employees from danger of falling objects. This rule is:
a.
an executive order.
b.
a statute.
c.
common law.
d.
administrative law.
3. Common law refers to:
a.
law that is the same or similar in all the states.
b.
law made when judges decide cases and then follow those decisions in later cases.
c.
law made by legislatures in the form of statutes.
d.
the legal systems of France, Germany, and Italy.
4. Hasbro, Inc., the trademark owner of “Candy Land,” sought a court injunction to stop Internet
Entertainment Group, LTD from using the domain name, “candyland.com.” Internet Entertainment
Group had established a sexually explicit site at the domain name. This injunction would have to be
issued by:
a.
a jury.
b.
a judge exercising equitable powers.
c.
an executive order.
d.
a subpoena.
5. The three branches of government in the United States are:
a.
the executive, legislative, and administrative.
b.
the legislative, executive, and statutory.
c.
the executive, legislative, and judicial.
d.
the administrative, legislative, and international.
6. The doctrine of stare decisis:
a.
makes the legal process more expensive.
b.
is an equitable remedy.
c.
makes the law more predictable.
d.
is unimportant to the common law.
7. In 1992, the North Carolina Supreme Court ruled in a case entitled Goodman v. Wenco Foods, Inc.,
that when a substance in food causes injury to a consumer of the food, it is not a bar to recovery
against the seller that the substance was natural to the food. If, in a 2008 case involving a consumer’s
injury caused by a fish bone in a bowl of fish chowder, the court followed the decision in Goodman v.
Wenco Foods, Inc., the court’s action in the second case is an example of:
a.
stare decisis.
b.
statutory law.
c.
public law.
d.
criminal law.
8. When the Food and Drug Administration prohibits a certain drug from being marketed in the United
States, this is:
a.
private law.
b.
an administrative regulation.
c.
legal negativism.
d.
an executive order.
9. If the title of an appellate court case appears as Jones v. Smith:
a.
Jones is the plaintiff and Smith is the defendant.
b.
Smith won the trial court decision.
c.
you cannot determine which party is the plaintiff, because when a defendant loses a trial
and files an appeal, some courts (but not all) reverse the names of the parties.
d.
the trial judge was Jones and the appellate judge is Smith.
10. The Minnesota legislature passed a law requiring that employers allow each employee adequate time
within each four consecutive hours of work to utilize the nearest convenient restroom. This law is:
a.
an executive order.
b.
an ordinance.
c.
a statute.
d.
an administrative order.
11. The doctrine of precedent requires:
a.
that the victim testify.
b.
that the defendant testify.
c.
a 12-member jury of the defendant’s peers.
d.
judges to base rulings on previous cases.
12. Which of the following played a role in the creation of the U.S. government by solving the problem of
federalism?
a.
The Visigoths.
b.
The Iroquois Native Americans.
c.
Confucius.
d.
Alexis de Tocqueville.
13. Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of
fraud with securities. The Securities Exchange Act of 1934 was passed a year later. This law created
the Securities and Exchange Commission (SEC) as an independent regulatory entity whose function is
to enforce the two laws. The SEC has generated rules and regulations to fulfill this purpose. These
rules and regulations are:
a.
statutes.
b.
administrative law.
c.
executive orders.
d.
common law.
14. Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United
States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land.
Which theory of jurisprudence was he applying?
a.
Legal Positivism.
b.
Natural Law.
c.
Legal Realism.
d.
Common Law.
15. The federal judicial branch of the U.S. government:
a.
interprets statutes.
b.
passes statutes.
c.
issues executive orders.
d.
creates administrative agencies.
16. Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United
States declared war on Mexico. If Henry David Thoreau’s neighbor agreed that war was unjust but paid
his taxes because the law required him to pay the tax, the neighbor would be applying the
jurisprudence theory of:
a.
Legal Positivism.
b.
Natural Law.
c.
Legal Realism.
d.
Common Law.
17. The United States Supreme Court has the power to:
a.
appoint judges to serve on the Supreme Court.
b.
declare an act of Congress unconstitutional.
c.
issue executive orders.
d.
ratify treaties.
18. The President of the United States:
a.
creates federal common law.
b.
can veto Congressional legislation.
c.
determines the constitutionality of statutes.
d.
passes statutes.
19. The notion of civil disobedience is founded on what principle?
a.
Legal Positivism.
b.
Natural Law.
c.
Legal Realism.
d.
Foreseeability.
20. Tony raped Jane in the parking lot of Joe’s Brew Pub. The District Attorney’s office prosecuted Tony
on rape charges. Subsequently, Jane filed a lawsuit against Tony for money damages. Classify each
legal action.
a.
The District Attorney’s case was a criminal case; Jane’s lawsuit was a civil case.
b.
The District Attorney’s case was a civil case. Jane’s lawsuit was a criminal case.
c.
Both cases are criminal.
d.
Both cases are civil.
21. Which school of jurisprudence is based on the philosophy that what matters is not what is written as
law, but who enforces the law and by what process?
a.
Legal positivism.
b.
Natural law.
c.
Legal realism.
d.
Sovereign selection.
22. Contemporary law’s principle of collective responsibility, such as all partners being personally
responsible for the debts of the partnership, had its roots in:
a.
the Anglo-Saxon method of ensuring public order through tithing.
b.
the Anglo-Saxon practice of using “oath helpers.”
c.
the English use of “shire reeves.”
d.
the English system of feudalism.
23. The President of the United States made an agreement with the government of Saudi Arabia in an
effort to stabilize the price of gasoline. This agreement was probably:
a.
an illegal usurption of legislative powers which belong to the Congress.
b.
a valid use of executive power, known as an executive order.
c.
a valid use of executive power creating a treaty.
d.
an illegal usurption of the regulatory powers of administrative agencies.
24. Which of the following would be an example of a civil lawsuit?
a.
George is being prosecuted for bank fraud.
b.
The government has initiated an action against Jeff for operating a motor vehicle under the
influence of alcohol.
c.
Gretta hit Rita in a bar during happy hour. Rita is now suing for her injuries.
d.
The district attorney is bringing Ali to court for violating the city’s keg ordinance.
25. Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory
note. The trial ended before it began, with the trial judge granting a motion for summary judgment in
favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This
means:
a.
Curtis automatically wins because he won in the lower court.
b.
Ulhoff automatically wins because he lost in the lower court.
c.
Neither party wins because the case is being thrown out.
d.
We don’t know who wins yet because the case is being returned to the trial court for
additional steps.
ESSAY
1. Explain the origins of precedent and its place in contemporary American law.
2. Identify and discuss the primary sources of contemporary U.S. law.
ANS:
3. Identify and explain the parts of the following case name: Palsgraf v. Long Island Railroad Co., 248
N.Y. 339, 162 N.E. 99, New York Court of Appeals.
4. How did the Iroquois group of Native Americans in the fifteenth century provide the inspiration and
model for the United States government?
5. Misha, Gretchen, and Sam were stranded on a mountainside after their plane went down in a snow
storm. They had no means of radio communication and virtually no food or other supplies. After 18
days, Misha and Gretchen killed Sam, the weakest survivor. Misha and Gretchen ate Sam. This
allowed them to survive until they were rescued. After they were rescued, they were charged with
premeditated first degree murder under the relevant state statute. Discuss the three schools of
jurisprudence and how each would influence a finding of guilt or innocence for the charges.