Chap. 1 BLAW 3201- FRY

In the common law system of the US, a crime is defined as:

A: A private wrong that necessitates litigation between the victim and the perpetrator

B: Any act or omission prohibited by the gov. and made punishable in a judicial proceeding brought by the gov.

C: Litigation where the injured party sues to recover compensation for the damages and injury sustained as a result of the defendant's wrongful conduct

D: Interstate compacts and the rules and regulations of federal and state agencies.

B: Any act or omission prohibited by the gov. and made punishable in a judicial proceeding brought by the gov.

What is the supreme law of the land in the US?

A: Fed. statutes

B: The state UCC statue

C: The common law

D: The US constitution

D: The US Constitution

Which of the following is a remedy that can be obtained from a court of equity?

A: A maximun

B: Specific performance

C: Money damages

D: Stare decisis

B: Specific performance

Explanation: Remedy that requires a party to fulfill their contractual obligations. Non-monetary

The courts are likely to provide remedies in all but which of the following cases?

A: A person refuses to return your friend's book.

B: A passerby refuses to help rescue a drowning

woman.

C: A person pushed a man into a lake

D: A person does not drive carefully on a busy street

C: A person pushed a man into a lake

Explanation: There is no remedy about this specific instance. The court cannot do anything about this unless acted upon

Which one of the following is NOT true of a suit brought under criminal law?

A: It must be brought by the government

B: It is brought on the ground of public policy.

C: Proof of guilt must be "by preponderance of the evidence."

D: Conviction may result in imprisonment.

C: Proof of guilt must be "by preponderance of the evidence."

Sources of the federal law include all but which of the following?

A: Rules of administration agencies

B: Decisions of federal courts

C: Executive orders of the President of the US

D: Hearings before the Senate

D: Hearings before the Senate

American jurists ____ and ___ defined law in a functional sense as predictions of the way that a court will decide specific legal questions.

A: Roscoe Pound and Alexander Hamilton

B: Blackstone and Austin

C: Roscoe Pound and Benjamin Cardozo

D: Oliver Wendell Holmes and Benjamin Cardozo

D: Oliver Wendell Holmes and Benjamin Cardozo

The seperation of powers involves:

A: The federal judiciary

B: Congress

C: Executive Branch

D: ALL

D: ALL

The law is in part:

A. Prohibitory.

B. Mandatory.

C. Permissive.

D. All of the above.

D: All of the above

A(n) _____ is the fundamental law of a particular level of government.

A: Restatement of law

B: Executive Order

C: Constitution

D: Code

C: Constitution

A _____ is any act of omission prohibited by public law in the interest of protection of the public and made punishable by the government in a judicial proceeding brought by it, whereby proof must be beyond a reasonable doubt.

A: Rescission

B: Sanction

C: Crime

D: Maxim

C: Crime

The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies. This is called:

A: Jude-made law

B: Case Law

C: Common law

D: All of the above

D: All of the above

In a court equity, a chancellor could issue an order called a ____, compelling a defendant to do or refrain from doing a certain act.

A: Judgement

B: Decree

C: Stare decisis

D: Rescission

D: Decree

The branch of public law that deals with various regulatory functions and activities of the gov is:

A: Criminal law

B: Administrative law

C: Constitutional Law

D: Substantive Law

B: Administrative Law

The Common law system is found in:

A: Australia

B: Louisiana

C: England

D: A & C

D: A & C

A consititution

A: Restricts the powers of government

B: Specifically enumerates certain liberties of the people

C: Establishes governmental structure

D: All of the above

D: All of the above

The person who files or commences a civil lawsuit is known as the:

A: Plaintiff

B: Prosecuting attorney

C: Defendant

D: Attorney General

A: Plaintiff

Because of the increasing complexity of the social, economic, and industrial life of the nation, the scope of ____ law has expanded enormously.

A: Common

B: Administrative

C: Procedural

D: Equity

B: Administrative

A court order requiring that a person do or refrain from doing a particular act is known as a(n):

A: Injunction

B: Maxim

C: Statue

D: Executive Order

A: Injunction

The three distinct and independent branches of the United States government are:

A: The executive branch, the House of

Representatives, and the U.S. Senate.

B: The federal judiciary, the House of Representatives, and the U.S. Senate.

C: The federal judiciary, the Congress, and the executive branch.

D: The state government, the Congress, and the executive branch.

C: The federal judiciary, the Congress, and the executive branch.

Which of the following is a true statement?

A: A treaty signed by the President and approved by the Senate has the legal force of a federal statute.

B: A federal statute may supersede a prior treaty.

C: Both (a) and (b).

D: Neither (a) nor (b).

C: Both (a) and (b).

The ___ are orderly compilations of the general common law of the US, prepared by a distinguished group of lawyers, judged, and law teachers.

A: Statues

B: Executive Orders

C: Maxims

D: Restatements of Law

D: Restatements of Law

The sources of law in the American legal system include which of the following?

A: State administrative regulations

B: Executive orders

C: Ordinances

D: ALL

D: ALL

Which of the following is a common purpose of the civil and criminal law?

A: Compensation

B: Rehabilitation

C: Deterrence

D: Punishment

C: Deterrence

Which of the following is a characteristic of a common law legal system?

A: It relies heavily on the adversary method for

settling disputes.

B: It depends heavily on comprehensive legislative enactments called Codes.

C: It applies the principle of stare decisis.

D: Both (a) and (c) are characteristics of common law systems.

D: Both (a) and (c) are characteristics of common law systems.

The area of public law that creates the most rules and decides the most controversies is:

A: Criminal law

B: Judicial law

C: Legislative Law

D: Administrative Law

D: Administrative

Which of the following is NOT considered to be an equitable remedy?

A: Specific performance

B: Injunction

C: Reformation

D: Money damages

D: Money damages

Which of the following is NOT true about the equity courts?

A: They were originally presided over by a chancellor.

B: They provided remedies not available in courts of law.

C: They provided for trials by jury.

D: They followed maxims.

C: They provided for trials by jury.

Characteristics of a common law system include which of the following?

A: A common law system relies heavily on comprehensive legislative enactments and an inquisitorial system of determining disputes.

B: In a common law system the judiciary initiates litigation, investigates pertinent facts, and conducts the presentation of evidence.

C: The common law system prevails in most of Europe and Scotland.

D: A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.

D: A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.

The doctrine of stare decisis means that:

A: The common law has not been able to evolve in a stable and predictable manner.

B: Decisions can be overruled.

C: Courts adhere to and rely on rules of law that they or superior courts announced and applied in prior similar decisions.

D: Courts are not allowed to correct erroneous decisions or choose among conflicting precedents.

C: Courts adhere to and rely on rules of law that they or superior courts announced and applied in prior similar decisions.

Which of the following is correct with regard to treaties in the US legal system?

A: They have no legal effect

B: Under the US constitution they must be signed by the president and approved by the senate

C: They have no effect on business law

D: They must be approved by the Senate before they have the force of law

B: Under the US constitution they must be signed by the president and approved by the senate

Which of the following is correct regarding the decisions of state trial courts?

A: They are generally not reported.

B: They are reported in regional reports.

C: They are reported in state court reports.

D: They are binding upon higher courts based upon the principle of stare decisis.

A: They are generally not reported.

The law that creates, defines, and regulates legal rights and obligations is known as:

A: Substantive Law

B: Procedural Law

C: Constitutional Law

D: Criminal Law

A: Substantive

Which of the following is correct regarding the English courts of equity?

A: They were presided over by a chancellor.

B: They could only award money damages.

C: They could issue a decree ordering a defendant to do or refrain from doing a specific act.

D: Both A & C

D: Both A & C

The _____ to the US constitution make it clear that the enumeration of rights found in the constitution does not in any way deny or limit other rights that the people retain:

A: 1st amendment

B: 10th amendment

C: 12th amendment

D: 9th amendment

D: 9th amendment

The party who files for the appeal is the:

A: Appellant

B: Appellee

C: Defendant

D: Plaintiff

A: Appellant

The ____ is composed of a distinguished group of lawyers, judges, and law teachers, who have assumed and task of preparing "an orderly restatement of the general common law of the US"

A: New York City Bar

B: American Law Institute

C: US Supreme Court

D: National Reporter System

B: American Law Institute