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Administrative agencies have the power to make law through a process called delegation?

T

The government cannot be a party to a civil suit?

F (for example, you can sue government for money damages)

A state homicide statute is both criminal and substantive.

T

To a legal positivist, morality or rightness is an essential component of any valid law.

F

Because the U.S. Constitution says the President only executes the law, the President never makes the laws.

False (Executive orders is a type of law)

A treaty defeats an inconsistent state constitutional provision in case of clash between them.

T (Supremacy Clause)

Today, our common law courts tend to take an instrumentalist attitude toward law, viewing it as a flexible tool for accomplishing various social purposes.

T

Judge Dullard, an old family friend, is a trial judge in Indiana. He needs help in deciding Case A, which is now pending in his court. Because he knows that you are not yet failing your business law course (the quarter is far from over, however), he has called you for advice. Judge Dullard tells you:

"I'm really in a quandary over Case A. There's an Indiana statute, passed in 1982, that directly addresses the specific issue in the case, but I've found several Indiana Supreme Court cases from the 1960's and 1970's. All of those apply a common law rule that is the opposite of the rule stated in the statute. I've thought this over carefully, and I'm convinced that the rule contained in the statute makes for horrendous public policy, and that the common law rule is better. Can I decide Case A according to the common law rule?" What should you tell the judge?

That he is bound by the statute because statutes defeat inconsistent common law court made rules in case of a clash between them.

The school of jurisprudence known as Legal Realism:
a. Views laws as a social ordering process that reflects current American society's dominant interests and values.
b. Believes that unjust or immoral laws do not deserve to be regarded as law, and should not be enforced or obeyed.
c. Would advocate obedience to any properly enacted law, regardless of whether that law is just or moral.
d. Defines law as the behavior of those persons and institutions charged with enforcing and applying the law, rather that the law as it appears in written form.

D. Defines law as the behavior of those persons and institutions charged with enforcing and applying the law, rather that the law as it appears in written form.

The common law:
a. Only can change or grow through an amendment by the legislature.
b. Applies only in situations that are governed by statutes or other positive
law.
c. Prevails over a conflicting constitutional provision.
d. Is judge-made law that controls if no other type of law applies.

D. Is judge-made law that controls if no other type of law applies.

Which of the following will defeat a federal administrative regulation in case of a clash between them?
a. A state statute.
b. A treaty.
c. The common law.
d. An equitable principle.

B. [The answer is B because a federal treaty is deemed to carry more weight/ is given a higher priority than a federal administrative agency regulation. And, remember that treaties can only be made/passed at the federal level.]

Which of the following jurisprudential schools would be most likely to say that judge should just follow the law as it's written, and not worry about anything else?
a. Natural law
b. Legal positivism
c. Legal realism

B. Legal Positivism

In case of a clash between them, which of the following will defeat a federal administrative regulation?
a. A state statute
b. A state constitutional provision.
c. A federal statute.
d. A common law rule.
e. Two of the above

C. Federal Statute [The answer is C because a federal statute is passed by congress and a administrative regulation is passed by an
administrative agency. The former takes precedence over the latter if there is a conflict!!]

Which of the following is both civil and procedural?
a. The law of negligence (which is a tort). b. A statute imposing a jail sentence for rape.
c. The rules for presenting evidence at a trial.
d. A statute imposing a fine for speeding.

C. The rules for presenting evidence at a trial.

This question lists some common statements about law. Which of those statements is most typical of natural law?
a. "Justice is what the judge ate for breakfast."
b. "An immoral law isn't really law."
c. "The law has to keep us with the changing times."
d. "You should obey the law because it's the law"

B. An immoral law isn't really law.

Only the federal legislature can enact statutes.

F [The answer is false because state legislatures can also enact statutes!]

Maryland Country was being sued by a former prisoner who claimed she was sexually harassed, assaulted and battered by the sheriff while being held in the county jail on a drunk and disorderly charge. This is a criminal law suit.

F [The answer is false because this would be a civil lawsuit for money damages. Read the question closely!!]

The legal rights you have termed substantive law and the way you go about enforcing these rights is referred to as procedural law.

T

Lacy Peters is suing Jack Smith for the intentional tort of emotional distress. Last year a similar case in this same court defined the requirements of this typical lawsuit. The prior case will have no influence on Lacy's case.

F

Wilfred was hit by Sally, a neighbor, when he went to confront Sally about her car blocking the entrance to his driveway. Wilfred can sue Sally in criminal court.

F [The answer is false because this would also be a civil lawsuit for money damages. Also, only the state/government can bring a criminal action; not a private party, like Wilfred. Again, read the question closely!!]

Most administrative agencies such as FCC, INS, IRS, and EPA were created by Congress to oversee the respective legislation created by Congress. In other words, for example, the IRS was created to regulate and administer the Federal Internal Revenue Code enacted by Congress.

T

Mitchell v. Noring is a contract case decided in 1990. The Anderson v. Holmes
case being decided today is similar. The Mitchell case is a precedent.

T

Nazi war criminals, those convicted of crimes against humanity by the international tribunal of judges at Nuremberg, were convicted by applying the principles of natural law.

T

Common law refers to:
a. law that is the same or similar in all the states
b. law that is 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 European countries such as France, Germany, and Italy

B. Law that is made when judges decide cases and then follow those decisions in later cases.

The three branches of government in the United States are:
a. the executive, legislative, and administrative
b. the executive, legislative, and statutory c. the executive, legislative, and judicial
d. the executive, legislative, and international

C. Executive, Legislative, Judicial

The doctrine of stare decisis:
a. is based on English common law tradition.
b. literally means "let the decision stand" c. help makes the law predictable
d. All of the above

D

Last year, Tim intentionally ran over Harry's prize rose bushes. Judge Novack ruled that Tim must pay Harry the fair market value of the rose bushes. Today, in Judge Novack's court, Jan says that Kristi intentionally destroyed her new apple tree. Judge Novack decides that Jan must pay Kristi the fair market value of the apple tree. This decision is an example of:
a. stare decisis and contract law
b. statutory law and civil law
c. public law and jurisprudence
d. stare decisis and civil law

D. Stare Decisis and civil law

All powers not granted to the federal government by the U.S. Constitution are:
a. retained by the states
b. retained by Congress
c. retained by the President
d. retained by federal administrative agencies

A. Retained by the states

The legislature of the state of AAA makes a law that makes it a crime to assist someone in committing suicide. This law is called a(n):
a. executive order
b. ordinance
c. statute
d. stare decisis

C. Statute

The President of the United States has been traveling the world, meeting with heads of foreign nations and has negotiated an agreement with regard to world
environment policies. He is back in the U.S. and is asking the Senate to ratify the agreement. This is an example of:
a. an executive order
b. a statute, if Congress passed it
c. an administrative law which will be administered by the EPA
d. a treaty, if the Senate ratifies the agreement

D

A law that violates the United States Constitution:
a. is valid if Congress approves it by a super majority vote.
b. is valid if the president vetoes the United States Supreme Court's decision
c. cannot be enforced by the states but could be enforced by Congress.
d. cannot be enforced by any branch of state or federal government.

D. (Because of Supremacy Clause and U.S. Constitution takes precedent over all other federal laws

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 and in part created the Securities and Exchange commission as an independent regulatory entity whose function was to administer these acts, these rules and regulations are referred to as:
a. statutes
b. administrative laws
c. executive orders
d. common law

B. Administrative Laws

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

B. Natural Law

If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes any way because the law required him to pay the tax, then he would be applying the jurisprudence theory of:
a. Legal Positivism
b. Natural Law
c. Legal Realism
d. Common Law

C. Legal Positivism

The United States Constitution divided power between the federal and state governments, and then divided federal power among three branches of government. Which of the following best describes this situation?
a. Generally, the state constitutions are supreme, because the states were here first.
b. Any power not granted to the state governments is reserved to the federal government
c. The Legislative branch of the government makes statutes.
d. The administrative branch of the government is charged with enforcing the
nation's laws.

C

The notion of civil disobedience is founded on what principle?
a. Legal Positivism
b. Natural Law
c. Legal Realism
d. An individual should disobey the law when such disobedience will improve
his/her own position in life.

B. Natural Law

Jane was mugged and raped by a man who was waiting by her car, which was parked in the university parking lot. The local police apprehended the mugger. The first trial was initiated by the District Attorney's office. Jane initiated the second lawsuit for money and damages. Classify each legal action.
a. The first case was a criminal case. The second was a civil case.
b. The first case was a civil case. The second was a criminal case.
c. Both cases are criminal.
d. Both cases are civil.

A. The first case was a criminal case. The second was a civil case.

Civil law regulates:
a. rights and duties between persons and businesses in our society.
b. behavior so threatening that society outlaws it altogether.
c. only public law.
d. only substantive law.

A. Rights and duties between persons and businesses in our society.

Which of the following would be an example of a civil lawsuit?
a. George is being prosecuted by the government 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 the bar after getting a little too happy during happy hour.
Rita is now suing for her injuries.
d. None of the above are civil lawsuits.

C. Gretta hit Rita in the bar after getting a little too happy during happy hour. Rita is now suing for her injuries.

Curtis filed a lawsuit against Ulhoff 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 (i.e., remember that this is a "safety valve" motion to dismiss the case so that it does not/ is not allowed to proceed a trial.) 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 consideration.

D. We don't know who wins yet because the case is being returned to the trial court for additional consideration.

The Doctrine of stare decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society.

F

The largest source of new law is created by court decisions.

F. The answer is false because Congress (through statutes) and/or administrative agencies (through rules and regulations) are probably the source of the most newly created law. However, remember that courts/ court decisions are/remain darn important because, for example, many times Congress or administrative agencies pass statutes/regulations that have gaps in them, terms that are ambiguous, etc., and they look to courts (via their written appellate decisions) to fill in these gaps, interpret vague and ambiguous statutes, etc.

If a statute is clearly worded and not subject to more than one interpretation, a court does not have the power to invalidate it.

F. [If it's unconstitutional (meaning it violates the federal or a state constitution), then a court can still invalidate it/strike it down!]

The concept of stare decisis focuses most on:
a. precedent.
b. flexibility.
c. legislative intent.
d. change.

A. Precedent

Statutory law is to legislative bodies as common law is to:
a. England
b. precedent.
c. judges.
d. administrative regulations.

C. Judges

An Administrative Regulation:
a. has the same legal effect as a statutory law created by Congress.
b. is legally binding on the specific businesses targeted by the regulation but is
not binding on non-specified individuals.
c. has no legal effect until ratified by a court.
d. can only be interpreted and enforced by the administrative agency that created
the regulation.

A. has the same legal effect as statutory law created by Congress

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

T

Proponents of natural law believe that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature.

T

The natural law philosopher assumes that people have created laws because there is no ideal state of being.

F

The positivists believe that there can be no higher law than a nation's positive law — law created by a particular society at a particular point in time.

T

The body of rules that evolved in the king's court, called the curia regis, was the beginning of the common law — law that was common to the entire realm.

T

Judges use precedent when deciding a case in common law legal system.

T

The doctrine of stare decisis helps makes the law more stable and predictable.

T

Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions.

T

A court may sometimes depart from a precedent whenever it decides that the precedent is no longer correct in view of changed technology.

T

If there is no precedent on which to base a decision, a court may consider legal principles and policies, fairness, social values, public policy, and concepts from the social sciences.

T

Which of the following is not true of the "law"?
a. "Law" governs relationships among individuals.
b. "Law" governs relationships between citizens and their governments.
c. "Law" includes rules of conduct prescribed by private organizations to govern
their members.
d. "Law" includes rules of conduct prescribed by the controlling authority of a
society.

C. "Law" includes rules of conduct prescribed by private organizations to govern their members.

The common law began
a. in the Islamic courts of predominantly Muslim countries
b. as part of Roman law
c. as a body of general rules that was applied in the courts throughout England.
d. As a group of legal principles enacted by continental European nations.

C. As a body of general rules that was applied in the courts throughout England.

The general body of law that evolved from the king's court (curia regis) after the Norman Conquest of England in 1066.
a. is referred to as the common law.
b. was first developed in Rome.
c. is referred to as the civil law.
d. Was first developed in the Islamic courts.

A. is referred to as the common law

In the case of Simmons v. Hart, decided in 1965, a state supreme court held that a minor (i.e., someone under the age of 18) could cancel a contract for the sale of a car. A similar case, Chavez v. Jones, is being decided today by a trial court in the same state. If stare decisis is used to decide the Chavez case
a. the court will probably allow the minor to cancel the sale.
b. the court will probably not allow the minor to cancel the contract.
c. It is impossible to tell because the Simmons case has nothing to do with the
Chavez case.
d. It is impossible to tell because the Simmons case is not a precedent for the
Chavez case.

A. the court will probably allow the minor to cancel the sale.

The doctrine of stare decisis
a. applies only to decisions rendered by the Supreme Court of the United States.
b. prevents a court from following a rule it established at an earlier date in a
case with similar issues and facts.
c. prevents different states from following different precedents once one state
has established a rule of law.
d. none of the above.

D. none of the above.

Which of the following descriptions of stare decisis is false?
a. It makes a law less predictable.
b. It helps courts to be more efficient.
c. It makes the law more stable.
d. None of the above.

A. it makes a law less predictable.

When there is a case with no binding precedent, a court
a. cannot refuse to decide a case
b. can postpone to decide the case.
c. can postpone deciding the case until there is a precedent.
d. can postpone deciding the case indefinitely.

A. Cannot refuse to decide a case.

A state law that violates the U.S Constitution:
a. can be enforced by that state's government only.
b. can be enforced by the federal government only.
c. can be enforced by the United states Supreme Court only.
d. cannot be enforced.

D. Cannot be enforced

Which of the following is not a source of law?
a. State constitutions passed by popular vote.
b. Ordinances passed by a city council.
c. Rules issued by an administrative agency.
d. Rules issued by a chamber of commerce.

D. Rules issued by a chamber of commerce.

Legislation is a synonym for
a. statutory law.
b. stare decisis.
c. administrative law.
d. case law.

A. Statutory Law

Which of the following is the highest-ranking (superior) law?
a. A statute passed by a state legislature b. A rule created by a state administrative agency
c. A case decided by a state court
d. A provision in a state constitution

D. A provision in a state constitution [The answer is D because all the other listed choices are deemed to have a lower priority/ importance than the state
constitution.]

Civil law is concerned with disputes between:
a. persons only.
b. persons and the public as a whole only. c. persons and between citizens and their governments.
d. persons and between persons and the public as a whole.

C. Note that in this question the word "persons" can/does also mean consumers, businesses, etc.

Which of the following cases would involve private law?
a. A citizen refuses to pay income tax.
b. A person sues another person to recover for injuries received in an automobile
accident.
c. A person is arrested for burglary.
d. A citizen refuses to vote.

B. A person sues another person to recover for injuries received in an automobile accident.

There is a word that explains why administrative agencies and chief executives have the power to make administrative regulations and executive orders. What is it?
a. Inherent authority.
b. Delegation.
c. Stare Decisis.
d. Executive power.

B. Delegation

Which of the following types of law is made by legislature?
a. Administrative regulations.
b. Executive orders.
c. Statutes.
d. Two of the above.

C. Statutes, Note that administrative agencies, which are created via acts of legislatures, create/make administrative rules and regulations.

Which of the following defeats a federal statute in case of a clash between them?
a. A state statute.
b. A state constitution.
c. An equitable principle.
d. None of the above.

D. None of the above.

Which of the following is both civil and substantive law?
a. A state's common law contract law.
b. A state murder statute.
c. A state's rules for the conduct of a civil trial.
d. A state's rules for appealing a civil judgment.

A. A state's common law contract law

Legal positivists typically say that:
a. An unjust law is not law.
b. Validly enacted laws should be obeyed, just or not.
c. The law should keep up with the changing times.
d. Justice is what the judge ate for breakfast.

B. Validly enacted laws should be obeyed, just or not.

Which of the following statements is most typical of legal realists?
a. "Law is the command of the supreme law-making authority."
b. "The first requirement of a sound body of law is that it corresponds with the
actual feelings and demands of the community, whether right or wrong."
c. "What legal decision-makers actually do is more important than the legal rules
written down in books"
d. "An immoral or unjust law is not a law at all."

C. "What legal decision-makers actually do is more important than the legal rules
written down in books"

The doctrine of stare decisis:
a. Says that courts should follow the plain meaning of statutes and not worry about anything else.
b. Says that courts should look at legislative history when interpreting statutes. c. Says that common law rules, once established, can never change.
d. Says that, in common law cases, like/similar cases should be decided alike.

D. Common law cases like/similar cases should be decided alike.

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