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21 Cards in this Set
- Front
- Back
- 3rd side (hint)
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True or False 1. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. |
True |
True or False |
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T or F 2. Legal positivists believe that law should reflect universal moral and ethical principles that are part of human nature. |
False. Legal positivists believe that there can be no higher law that a nation's positive law (the law created by a particular society at a particular point in time). The belief that law should reflect universal moral and ethical principles that are part of human nature is part of the Natural Law Tradition. |
True or False |
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T or F 3. The doctrine of Stare Decisis obligates judges to follow precedents established within their jurisdictions. |
True |
True or False |
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T or F 4. Common law develops from rules of law announced in court decisions |
False. The U.S. Constitution takes precedence over and conflicting federal or state statute, local ordinance, administrative rule, or court decision. |
True or False |
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T or F 5. Statutory law is legslation |
True |
True or False |
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T or F 6. A federal statute takes precedence over the U.S Constitution |
False. With respect to federal statures, the U.S. Constitution is the supreme law of the land. A federal statute that conflicts with the U.S. Constitution may be struck as unconstitutional |
True or False |
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T or F 7. Congress enacted the Uniform Commercial Code for adoption by the states. |
False. The National Conference of Commissioners on Uniform State Laws drafter the Uniform Commercial Code (and other uniform laws and model codes) and proposed it for adoption by the states. |
True or False |
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T or F 8. Criminal law covers disputes between persons, and between persons and their governments. |
False. This is the definition of civil law. Criminal law relates to wrongs against society as a whole and for which society has established sanctions. |
True or False |
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T or F 9. In most states, the same courts can grant legal or equitable remedies. |
True |
True or false |
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T or F 10. A citation includes the name of the judge who decided the case. |
False. A citation may contain the names of parties, the year in which the case was decided, and the volume and page numbers of a reporter in which the opinion may be found, but it does not include the name of the judge who decided the case. |
True or false |
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Fill-In The common law system, on which the American legal system is base, involves the application of principles applied in earlier cases (with similar facts/whether or not the facts are similar). This use of precious case law or (precedent/preeminent), is known as the doctrine of Stare Decisis, and (emphasizes a flexible/permits a predictable) resolution of cases. |
With similar facts Precedent Permits a predictable |
Fill-In Question Pick what fits best |
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Multiple-Choice 1. Toby is a legal positivist. Toby believes that. |
D. Legal positivists believe that there can be no higher law than the written law of a given society at a particular time. They do not believe in "natural rights." |
A. the law should be applied the same in all cases in all circumstances B. the law should reflect universal principles that are part of human nature. C. the law should strictly follow decisions made in past cases. D. the written law of a society at a particular time is most significant.
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Multiple-Choice 2. In a suit between Best Products, Inc., and Central Sales Corporation, the court applies the doctrine of Stare Decisis. This means that the court follows riles of law established by |
B. The use of precedent- the doctrine of Stare Decisis- permits a predictable, relatively quick, and fair resolution of cases. Under this doctrine, a court must adhere to principles of law established by higher courts. |
A. all courts B. courts of higher rank only. C. courts of lower rank only. D. no courts. |
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Multiple-Choice 3. In a suit between Delta Data Company and Eagle Information, Inc., the court applies the doctrine of Stare Decisis. This requires the court to find cases that, compared to the case before it, has |
D. The doctrine of Stare Decisis attempts to harmonize the results in cases with similar facts. When the facts are sufficiently similar, the same rule is applied. Cases with identical facts could serve as binding authority, but it is more practical to expect to find cases with facts that are not identical but similar-as possible. |
A. entirely different facts. B. no facts, only conclusions of law. C. precisely identical facts D. Similar facts. |
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Multiple-Choice 4. In a suit between Fine Sales Company and Great Goods, Inc., the court orders a rescission, This is |
A. An order to do or refrain from a certain act is an injunction. An order to perform as promised is a decree for specific performance. There remedies, as well as rescission, are equitable remedies. An award of damages is a remedy at law. |
A. an action to cancel a contract and return the parties to the positions they held before the contract's formation B. an award of damages C. an order to do or refrain from doing a particular act. D. an order to perform what was promised. |
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Multiple-Choice 5. In a given case, most courts may grant |
D. Equity and law provide different remedies, and at one time, most courts could grant only one type. Today, most states do not maintain separate courts of law and equity, and a judge may grant either or both forms of relief. Equitable relief is generally granted, however, only if damages (the legal remedy) is inadequate. |
A. equitable remedies only. B. legal remedies only. C. equitable or legal remedies, but not both D. equitable remedies, legal remedies, or both. |
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Multiple-Choice 6. The U.S. Constitution takes precedence over |
C. The U.S. Constitution is the supreme law of the land. Any state or federal law or court decision in conflict with the constitution is unenforceable and will be struck. Similarly, provisions in a state constitution take precedence over the state's statutes, rules, and court decisions. |
A. a provision in a state constitution or statute only B. a state supreme court decision only C. a state constitution, statute, and court decision D. none of the above |
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Multiple-Choice 7. Case law includes interpretations of federal and state |
C. In establishing case law, or common law, the courts interpret and apply state and federal constitutions, rules, and statutes. Case law applies in areas that statutes or rules do not cover, Federal law applies to all states, and preempts state law in many area. |
A. administrative rules and statutes only. B. constitutions only. C. administrative rules, statutes, and constitutions D. none of the above |
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Multiple-Choice 8. Civil law concerns |
A. Law that defines, describes, regulates, or creates rights or duties is substantive law. Law that establishes methods for enforcing rights established by substantive law is procedural law. Criminal law governs wrongs committed against society for which society demands redress. |
A. disputes between persons, and between persons and their governments. B. only laws that define, describe, regulate, and create rights and duties. C. only laws that establish methods for enforcing rights. D. wrongs committed against society for which society demands redress. |
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Multiple-Choice 9. The sources of international law include |
D. International law comes from a variety of sources, and represent attempts to reconcile desires for national authority and profitable commerce. Enforcement of international law can only be accomplished by cooperation persuasion, or coercion. |
A. customs that have evolved among nations in their relations only. B. international organization and treaties only. C. laws of individual nations only. D. international customs, organizations, and treaties, and national law. |
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Multiple-Choice 10. A concurring opinion, written by one of the judges who decides a case before a multi-judge panel, is |
C. A concurring opinion makes or emphasizes a point different from those made or emphasized in the majority's opinion. An opinion written for the entire court is a unanimous opinion. An opinion that outlines only the majority's views is a majority opinion. A separate opinion that does not agree with the majority's decision is a dissenting opinion. |
A. an opinion that is written for the entire court. B. an opinion that outlines only the views of the majority C. a separate opinion that agrees with the court's ruling but for different reasons. D. a separate opinion that does not agree with court's ruling |
