Chapter 1

Front 1

Congress passed a law imposing penalties on 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. True or False

Back 1

True

Front 2

A rule that establishes maximum length of work shifts for air traffic controllers is an example of an administrative regulation. True or false?

Back 2

True

Front 3

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. True or false?

Back 3

True

Front 4

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. True or false?

Back 4

False

Front 5

Because U.S. 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. True or False?

Back 5

False

Front 6

Congress can create a statute only on topics that are suggested by the President. True or false?

Back 6

False

Front 7

Under the natural law theory of jurisprudence, an unjust law is no law at all. True or false?

Back 7

True

Front 8

Common law is a body of cases decided by legislatures. True or False?

Back 8

False

Front 9

The Constitution ensures that the states retain all power not given to the national government. True or false?

Back 9

True

Front 10

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

Back 10

D. criminal law

Front 11

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

Back 11

D. administrative law

Front 12

Common law refers to:
A. law that is the same or similar in all 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.

Back 12

B. law made when judges decide cases and then follow those decisions in later cases.

Front 13

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.

Back 13

C. the executive, legislative, and judicial.

Front 14

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.

Back 14

C. makes the law more predictable.

Front 15

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

Back 15

B. an administrative regulation

Front 16

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 execute order
B. an ordinance
C. a statute
D. an administrative order.

Back 16

C. a statute

Front 17

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

Back 17

D. judges to base rulings on previous cases

Front 18

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

Back 18

B. administrative law

Front 19

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

Back 19

B. natural law

Front 20

The federal judicial branch of the U.S. government:
A. interprets statutes
B. passes statutes
C. issues executive orders
D. creates administrative agencies

Back 20

A. interprets statutes

Front 21

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

Back 21

A. legal positivism

Front 22

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.

Back 22

B. declare an act of Congress unconstitutional.

Front 23

The notion of civil disobedience is founded on what principle?
A. legal positivism
B. natural law
C. legal realism
D. foreseeability

Back 23

B. natural law

Front 24

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.

Back 24

A. The District Attorney's case was a criminal case; Jane's lawsuit was a civil case.

Front 25

Which schools 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

Back 25

C. legal realism.

Front 26

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 usurpation of legislative powers which belong to 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 usurpation of the regulatory powers of the administrative agencies.

Back 26

C. a valid use of executive power creating a treaty.

Front 27

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 cities keg ordinance.

Back 27

C. Gretta hit Rita in a bar during happy hour. Rita is now suing for her injuries.