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Q:
________ is a set of moral principles or values that governs the conduct of an individual or a group.
A) Rationality
B) Evolution
C) Ethics
D) Reason
Q:
The Supreme Court case decision on the case of Brown v. Board of Education was important because it exhibited ________.
A) the use of the affirmative action policy
B) the scope of flexibility of the law
C) the state's supremacy over federal rulings
D) the importance of following precedence
Q:
Give an account of how the digital age has affected lawmaking in the United States.
Q:
Explain the priority of law in the United States.
Q:
Explain the doctrine of stare decisis and how it has influenced the legal system.
Q:
According to the doctrine of stare decisis, past court decisions become ________ for deciding future cases.
Q:
The legislative and ________ branches of federal and state governments are empowered to establish administrative agencies.
Q:
The ________ is the legislative branch of the U.S. government and has the power to enact the law.
Q:
Federal statutes that are organized by topic into code books are referred to as ________ law.
Q:
A(n) ________ is a compact made between two or more nations and becomes part of the supreme law of the land.
Q:
The ________ branch of the government has the power to interpret and determine the validity of the law.
Q:
The ________ branch of the government has the power to enact laws.
Q:
The doctrine of stare decisis provides that each court decision is independent and should stand on its own.
Q:
State courts of one state are not required to follow the legal precedent established by the courts of another state.
Q:
Ordinances are not codified into code books.
Q:
Executive orders are an example of codified law.
Q:
The authority to enact ordinances lies solely with the state legislatures.
Q:
Federal statutes are organized by topic into code books.
Q:
Statutesare written laws that establish certain courses of conduct that covered parties must adhere to.
Q:
Treaties are considered to be part of the supreme law of the United States of America.
Q:
Federal statutes take precedence over treaties.
Q:
A treaty does not require Senate approval before being passed.
Q:
Administrative agencies are created by the judicial branch of government.
Q:
Within a state, the state constitution precedes the U.S. Constitution.
Q:
Provisions of federal law are valid as long as they do not conflict with any state law.
Q:
Powers not given to the federal government by the U.S. Constitution are reserved to the states.
Q:
The Securities and Exchange Commission (SEC), created by the Congress to enforce federal securities laws, is an example of a(n) ________.
A) intelligence agency
B) congressional body
C) judicial body
D) administrative agency
Q:
How does the doctrine of stare decisis help in creating stability in a legal system?
A) by ensuring that witnesses of a case will be protected by the state
B) by ensuring that the legal rights of a defendant are preserved
C) by allowing the use of precedence in deciding future cases
D) by allowing the use of writs
Q:
How is legal precedent used between courts of different states?
A) Courts of a state cannot cite the judicial decisions of courts of another state in its decisions.
B) Courts of a state must follow precedent from courts of another state for similar cases.
C) Courts of a state can use precedent from courts of another state as a form of guidance.
D) Courts of a state cannot challenge the precedence of courts of another state.
Q:
Stare decisis is the doctrine of ________.
A) providing proof to assert a fact in court
B) adhering to legal precedent
C) separating powers between state and religion
D) ensuring all legal rights are provided to a person when otherwise deprived of them
Q:
What is a judicial decision?
A) a decision issued by the executive branch in a state of emergency
B) a decision about an individual lawsuit issued by a federal or state court
C) a codified law passed by the state legislature
D) a decision issued by the legislative branch to establish courses of conduct to which covered parties must adhere
Q:
________ are established by the legislative and executive branches of the federal government to enforce and interpret statutes enacted by the Congress and state legislatures.
A) Commissaries
B) State courts
C) Administrative agencies
D) Councils
Q:
Ordinances are codified laws that are issued by ________.
A) the president
B) the state legislature
C) the Supreme Court judges
D) local government bodies
Q:
From the following, identify an example of codified law in the United States.
A) judicial rulings
B) federal statutes
C) treaties
D) executive orders
Q:
A(n) ________ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.
A) charter
B) treaty
C) executive order
D) statute
Q:
A(n) ________ is a compact made between two or more nations.
A) amendment
B) treaty
C) charter
D) statute
Q:
The ________ branch of the federal government has the power to enact laws.
A) legislative
B) judiciary
C) consulate
D) executive
Q:
What is the function of the judicial branch of the federal government?
A) It has the power to interpret and determine the validity of the law.
B) It has the power to enact the law.
C) It has the power to enforce the law.
D) It has the power to act as a liaison between the legislative and executive branches.
Q:
The ________ branch of the federal government has the power to enforce the law.
A) judicial
B) legislative
C) executive
D) commissary
Q:
What is considered as the supreme law of the land in the United States?
A) judicial decisions issued by the state courts
B) the Constitution of the United States of America
C) the federal statutes passed by the United States Congress
D) executive orders passed by the president
Q:
Give an account of the Law Merchant in early English common law.
Q:
In countries that follow a civil law system, the adjudication of a case is done simply by applying ________ or parliamentary statutes to the particular set of facts of that case.
Q:
The adoption of the ________ law led to precedence being an important feature of the American legal system.
Q:
Owing to some unfair results and limited remedies available in the law courts, ________ courts were established.
Q:
In early English common law, equitable remedies were provided by the ________ courts.
Q:
The law courts of the English common law could only provide monetary awards for damages.
Q:
English common lawwas law developed by judges who issued their opinions when deciding cases.
Q:
The merchant courts were established because of the unfair results and limited remedies available in the chancery courts.
Q:
Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.
Q:
What led to the creation of the Chancery Courts?
A) the insistence for a court system that emphasized legal procedure rather than the merits of a case
B) the law courts' inability to hear all the cases presented to them
C) the increase in overseas trade and proliferation of piracy
D) the unfair results and limited remedies provided by the law courts
Q:
________ courts were allowed to give equitable remedies under the English common law.
A) Merchant
B) Law
C) Chancery
D) Appellate
Q:
Which of the following statements best indicates how chancery courts were different from law courts?
A) Chancery courts emphasized developing merchant laws rather than laws for the common citizen.
B) Chancery courts inquired into the merits of a case rather than emphasize legal procedures.
C) Chancery courts emphasized a standard set of remedies across different cases rather than provide equitable remedies.
D) Chancery courts had lower precedence level over legal decisions than the law courts.
Q:
What was the key reason for the creation of law courts during the early development of the English common law?
A) to administer law in a uniform manner
B) to help merchants form a standardized set of commercial laws
C) to increase the power of the king in law-making
D) to facilitate legal disputes for the wealthy and influential
Q:
What was the key factor in the development of the English common law?
A) the development of forensic science in helping decide cases
B) the supremacy of the king and his intervening powers when deciding cases
C) the use of precedence of past cases for judges to decide present similar cases
D) the subjective decision making of judges when it came to similar cases
Q:
________ is a key function of the law, which includes laws that prevent the violent overthrow of governments.
Q:
Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. He sued the car manufacturer for installing faulty airbags. But in the course of the case being heard in court, the car company and Mark decided to settle the lawsuit out of court. What important function of the law was served in this case?
A) promoting social justice
B) maximizing individual freedom
C) providing a basis for compromise
D) maintaining the status quo
Q:
By allowing the U.S. citizens to practice any religion of their choice, what essential function of the law does the U.S. Constitution serve?
A) facilitating orderly change
B) maintaining the status quo
C) maximizing individual freedom
D) facilitating planning
Q:
What function of the law is being served when passing laws that protect the U.S. government from the risk of being forcefully overthrown?
A) maintaining the status quo
B) shaping moral standards
C) facilitating orderly change
D) promoting social justice
Q:
Halfren, a county in the state of Halizona, is earthquake-prone. The governor of Halizona sets up a committee to explore the possible methods that could be used to minimize damage and loss of life. The committee found that a new technique of using steel reinforcements in building columns would help reduce overall damages. The findings were put to a debate at the local town hall, where it was accepted by a majority of the residents. The state government then passed a law making it mandatory to use the new technique while constructing new buildings in Halfren. Which of the following functions of the law did the state government of Halizona exhibit in this case?
A) promoting social justice
B) maximizing individual freedom
C) shaping moral standards
D) facilitating orderly change
Q:
What function of the law is being served when passing laws that prohibit discrimination at workplaces?
A) keeping the peace
B) providing a basis for compromise
C) maintaining the status quo
D) promoting social justice
Q:
Which of the following would be considered an example of shaping moral standards, as seen as a function of the law?
A) laws granting freedom of speech and religion
B) laws discouraging drug and alcohol abuse
C) laws providing for the right to peaceful protest
D) laws preventing the overthrow of a government
Q:
Differentiate between the Historical School of jurisprudence and the Sociological School of jurisprudence.
Q:
The ________ School of jurisprudence states that promoting market efficiency should be the central goal of legal decision making.
Q:
The ________ Schoolof jurisprudence maintains that the law is shaped by logic.
Q:
The ________ School of jurisprudence emphasizes shaping laws on the basis of morality and ethics.
Q:
The Historical School of jurisprudence believes that changes in the norms of society will gradually be reflected in the law.
Q:
The Natural Law School of jurisprudence emphasizes shaping laws based on morals and ethics.
Q:
The Analytical School of jurisprudence lays emphasis on how the result of a case is reached rather than the logic of the result itself.
Q:
The Critical Legal Studies School of jurisprudential thought seeks to restrict the subjective decision-making powers of judges.
Q:
The Critical Legal Studies Schoolproposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.
Q:
The Law and Economics School of jurisprudential thought believes that promoting market efficiency should be the central concern of legal decision making.
Q:
Businesses that are organized in the United States are subject to its laws, but not to the laws of other countries in which they do business.
Q:
The U.S. government passed draft laws during the Vietnam War decreeing that men of a certain age had to serve in the military if they met specific physical requirements. Which of the following schools of jurisprudential thought does such draft laws adhere to the most?
A) the Historical School of jurisprudence
B) the Natural Law School of jurisprudence
C) the Sociological School of jurisprudence
D) the Command School of jurisprudence
Q:
Which school of jurisprudential thought is reflected in documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter?
A) the Natural Law School
B) the Historical School
C) the Sociological School
D) the Analytical School
Q:
Which school of jurisprudential thought emphasizes using law as a tool for market efficiency while solving legal disputes?
A) the Critical Legal Studies School of jurisprudence
B) the Command School of jurisprudence
C) the Sociological School of jurisprudence
D) the Law and Economics School of jurisprudence
Q:
Which school of jurisprudence bases its principles, for solving legal disputes, on broad notions of fairness, and subjective decision making by judges?
A) the Natural Law School of jurisprudence
B) the Analytical School of jurisprudence
C) the Critical Legal Studies School of jurisprudence
D) the Sociological School of jurisprudence
Q:
Proponents of the Command School of jurisprudence will assert that the law is ________.
A) developed, communicated, and enforced by the ruling party
B) a means to achieve and advance sociological goals
C) a collection of a society's traditions and customs that has developed over the centuries
D) based on human reasoning, and humans' choosing power between what is good and evil
Q:
Imposing a ban on public smoking can serve as an example of a law that adheres to the ________ School of jurisprudence.
A) Command
B) Sociological
C) Law and Economics
D) Analytical
Q:
Which school of jurisprudence views law as a sort of evolutionary process, where changing norms of society will be reflected in the law?
A) the Natural Law School of jurisprudence
B) the Sociological School of jurisprudence
C) the Analytical School of jurisprudence
D) the Historical School of jurisprudence
Q:
The Analytical School of jurisprudence maintains that the law should be ________.
A) shaped by logic
B) based on social behavior
C) set by the ruling class
D) based on morality