ISBN: 9798214045108
Chapter 1 - Introduction to Law
True / False
1. When Congress passes a law restricting the access of children to specific websites, the statute will be rendered void if the U.S. Supreme Court subsequently rules that the statute conflicts with the First Amendment of the U.S. Constitution.
a. True
b. False
ANSWER: True
2. In Anglo-Saxon society, men were put into groups of ten, known as a “tithing,” and were individually held responsible for any injury caused by any member of the group, and this is the forerunner of the idea of business partnerships.
a. True
b. False
ANSWER: True
3. A rule that establishes a maximum length of work shifts for air traffic controllers demonstrates an agency imposing a regulation.
a. True
b. False
ANSWER: True
4. 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. So, if in 2024 an 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.
a. True
b. False
ANSWER: True
5. Salvador was driving too fast for the icy road conditions and hit Xochitl's car, so Xochitl can sue Salvador in criminal court.
a. True
b. False
ANSWER: False
6. Lawyers originated in Anglo-Saxon courts, where they were used to mediate disputes.
a. True
b. False
ANSWER: False
7. When Yusuf breaches his contract with Alia and causes Alia a great deal of financial harm, Alia may prosecute Yusuf criminally.
a. True
b. False
ANSWER: False
8. If the president vetoes a bill, it can still become law if both the House and the Senate approve it with a 51 percent
Chapter 1 - Introduction to Law
majority.
a. True
b. False
ANSWER: False
9. The doctrine of precedent is binding on all courts from lower courts to the U.S. Supreme Court.
a. True
b. False
ANSWER: False
10. A case called Kuehn v. Pub Zone would reveal that Kuehn is the plaintiff because the plaintiff is always listed first.
a. True
b. False
ANSWER: False
11. Under the natural law theory of jurisprudence, an unjust law is no law at all.
a. True
b. False
ANSWER: True
12. Common law is a body of cases decided by legislatures.
a. True
b. False
ANSWER: False
13. To decide a current case, Judge Smith refers to prior rulings on the same subject because, as required, she is relying on precedent to make her decision.
a. True
b. False
ANSWER: True
14. DoorWay Computers, Inc., the trademark owner of "DoorWay," seeks a court injunction to prevent Handyman Hardware, Inc. from using the domain name, "DoorWay.com," and a jury will decide whether DoorWay is entitled to this remedy.
a. True
b. False
ANSWER: False
15. If the Ninth Circuit Court of Appeals affirms a district court's decision, this means that the Ninth Circuit Court of Appeals approved the district court's decision and upheld the outcome in the case.
a. True
b. False
ANSWER: True
Multiple Choice
Chapter 1 - Introduction to Law
16. Anh threatens Dirk, and Dirk fears for his life. Dirk is not sure how to handle this situation and consults with an attorney for assistance. The attorney advises Dirk that the county attorney in their county will prosecute Anh. The case against Anh thus involves
a. procedural law.
b. private law.
c. civil law.
d. criminal law.
ANSWER: d
17. What does the common law refer to?
a. Law that is the same or similar in all the 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.
ANSWER: b
18. Hasbro, Inc., the trademark owner of "Candy Land," seeks a court injunction to stop Internet Entertainment Group, LTD from using the domain name, "candyland.com." This injunction would have to be issued by a(n)
a. jury.
b. judge.
c. executive order.
d. lawyer.
ANSWER: b
19. Suppose the North Carolina Supreme Court rules in a case that when a substance in food causes injury to a consumer of the food, it is not a bar to recovery against the seller that the substance was natural to the food. Then, if in a later case involving a consumer’s injury caused by a fish bone in a bowl of fish chowder, that court follows the earlier North Carolina Supreme Court decision, the court's action in the second case would be an example of
a. stare decisis.
b. statutory law.
c. public law.
d. criminal law.
ANSWER: a
20. Research has shown that a new drug is dangerous when used by children. The FDA investigates this claim and decides to prohibit the drug from being marketed in the United States. This has the force of law. Because of this, what the FDA has done is
a. passed a private law.
b. passed an agency regulation.
c. engaged in a Congressional action legal negativism.
d. implemented an executive order.
ANSWER: b
21. The title of an appellate court case appears as Jones v. Smith Based on this citation, what is accurate?
a. The Jones is the plaintiff, and Smith is the defendant.
Chapter 1 - Introduction to Law
b. Smith won the trial court decision.
c. That someone cannot determine which party is the plaintiff because when a defendant loses a trial and files an appeal, some, but not all, courts reverse the names of the parties.
d. The trial judge was Jones, and the appellate judge is Smith.
ANSWER: c
22. What does precedent require?
a. That the victim testify.
b. That the defendant testify.
c. A 12-member jury of the defendant’s peers.
d. That judges base their rulings on previous cases.
ANSWER: d
23. Which of the following played a role in the creation of the U.S. government by solving the problem of federalism?
a. The Visigoths
b. The Iroquois Native Americans
c. Confucius
d. Alexis de Tocqueville
ANSWER: b
24. 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
ANSWER: b
25. The state of Ohio is concerned about gun violence and wants to institute a strong gun control measure. After a year and a careful writing of the law, Ohio passes a law that severely restricts gun ownership. A group of plaintiffs file a lawsuit regarding the constitutionality of the law, and the U.S. Supreme Court hears the case. The U.S. Supreme Court finds that the Ohio law conflicts with the U.S. Constitution. The Ohio law is
a. void.
b. valid, but only within the state of Ohio and can only be enforced against Ohio citizens.
c. valid within the state of Ohio and can be enforced against any U.S. citizen.
d. voidable by an Ohio legislature.
ANSWER: a
26. 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.
Chapter 1 - Introduction to Law
d. common law.
ANSWER: a
27. What is a power of the United States Supreme Court?
a. The power to appoint judges to serve on the Supreme Court.
b. The power to void laws passed by Congress.
c. The power to issue executive orders.
d. The power to ratify treaties.
ANSWER: b
28. What is a power the president of the United States has?
a. The power to create federal common law.
b. The power to veto Congressional legislation.
c. The power to determine the constitutionality of statutes.
d. The power to pass statutes.
ANSWER: b
29. Antonio assaulted Mando after the two argued about a parking space. The District Attorney's office prosecuted Antonio on assault charges. Subsequently, Mando filed a lawsuit against Antonio for money damages. Classify each legal action.
a. The District Attorney's case was a criminal case; Mando's lawsuit was a civil case.
b. The District Attorney's case was a civil case. Mando's lawsuit was a criminal case.
c. Both cases are criminal.
d. Both cases are civil.
ANSWER: a
30. Which school 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
ANSWER: c
31. The contemporary law principle of collective responsibility, such as all partners being personally responsible for the debts of the partnership, had its roots in the
a. Anglo-Saxon method of ensuring public order through tithing.
b. Anglo-Saxon practice of using “oath helpers.”
c. English use of “shire reeves.”
d. English system of feudalism.
ANSWER: a
32. President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was a(n)
a. illegal usurpation of legislative powers that belong to Congress.
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Chapter 1 - Introduction to Law
b. valid use of power based on Article II of the Constitution.
c. valid use of judicial power.
d. illegal usurpation of the regulatory powers of administrative agencies.
ANSWER: b
33. Sharif and Karen enter into a contract which requires Sharif to make ten bracelets each month and for Karen to pay Sharif $500 each month for these bracelets. Karen plans to then sell the bracelets in her boutique downtown. Three months later, Sharif makes ten bracelets, but Karen only pays Sharif $200. Sharif consults with his attorney to find out what he should do. The attorney will advise Sharif to
a. prosecute Karen criminally.
b. regulate Karen administratively.
c. sue Karen civilly.
d. pass a law against Karen’s actions legislatively.
ANSWER: c
34. Manuelita filed a lawsuit against Ulhoff for failure 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 in favor of Manuelita. Ulhoff appealed, and the Supreme Court of Iowa remanded the case. This means
a. Manuelita 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 do not know who wins yet because the case is being returned to the trial court for additional steps.
ANSWER: d
35. Which of the following is a correct description of legal realism?
a. There is no duty to follow unjust laws.
b. The law should advance morality.
c. The law is what the sovereign says it is.
d. Who enforces and by what process is the law enforced is most important.
ANSWER: d
36. Regarding legal positivism, which of the following is true?
a. It leaves no room for questions of morality.
b. It follows precedent.
c. Government powers should be separated.
d. Laws that are unjust are not laws at all.
ANSWER: a
37. If the U.S. Supreme Court makes a decision interpreting the U.S. Constitution, and Congress does not agree with this decision, how can Congress override the Supreme Court?
a. By amending the Constitution
b. Through an executive order
c. By separation of power
d. Through checks and balances
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