Introduction to Law
Chapter Exam Questions
Course Introduction
Introduction to Law provides students with a foundational understanding of legal principles, systems, and institutions that govern society. The course explores the nature and purposes of law, the structure of courts, sources of legal authority, and the roles of various legal professionals. Key topics include an overview of constitutional, civil, and criminal law, as well as basic legal reasoning and analysis. Students will also examine the impact of law on individuals and communities, fostering essential skills in critical thinking, legal interpretation, and ethical decision-making. This course serves as a gateway for further study in law and related fields.
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Introduction to Law 5th Edition by Joanne B. Hames
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Chapter 1: Introduction to Law
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Q1) What is a set of rules and procedures usually intended to regulate some aspect of society?
A) Law
B) Canon
C) Bylaw
D) Precedent
Answer: A
Q2) Common law systems are those based on the concept of precedent.
A)True
B)False
Answer: True
Q3) Describe the three major philosophical theories of law.
Answer: The three major philosophical theories of law are the natural law theory, legal positivism, and legal realism. The natural theory of law is a philosophical theory holding that law reflects the moral and unchangeable laws of nature. Legal positivism is a philosophical theory holding that the validity of law is not related to morality. Legal realism is a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices.
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Chapter 2: The US Legal System
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Q1) A system of government in which the people are regulated by both federal and state governments is known as ______.
A) implied powers
B) divided government
C) federalism
D) concurrent jurisdiction
Answer: C
Q2) Which of the following powers is preempted by the federal government?
A) Power to regulate criminal conduct
B) Power to regulate civil tort liability
C) Power to regulate the coining of money
D) Power to regulate business organizations
E) Both a and c
Answer: C
Q3) The Supremacy Clause is found in which article of the U.S. Constitution?
A) Article I
B) Article II
C) Article III
D) Article IV
Answer: D
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Chapter 3: The Courts and Legal Personnel
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Q1) Federal court diversity of citizenship jurisdiction can be established where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000.
A)True
B)False
Answer: True
Q2) All federal court judges or justices are appointed by the President and subject to approval by which government body?
A) The Senate
B) The U.S. House of Representatives
C) Both the Senate and the U.S. House of Representatives
D) The U.S. Supreme Court
Answer: A
Q3) Prosecutors who refuse to give the defense evidence that helps the defendant are just doing their job.
A)True
B)False
Answer: False
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Chapter 4: Finding the Law: Legal Research
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Q1) What are the different factual categories into which facts often fall?
Q2) If you are unfamiliar with the area of law you are researching, you should begin the research with:
A) case law.
B) statutes.
C) secondary sources.
D) primary sources.
E) newspapers.
Q3) A removable supplement to a volume of statutory law that includes all changes or additions to the material contained in the hardbound volume is known as a ______ part.
Q4) The case brief is a short summary of a case.
A)True
B)False
Q5) What is a question that must be decided by a court?
A) A relevant fact
B) An issue
C) An explanatory fact
D) An unnecessary fact
Q6) A legal encyclopedia is arranged _____.
Page 6
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Chapter 5: Using the Law: Analysis and Legal Writing
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Q1) A case brief is an example of persuasive writing.
A)True
B)False
Q2) The judicial history in a case brief that explains how the case traveled through the courts.
A)True
B)False
Q3) "The actions were quickly regretted by her" is an example of:
A) active voice.
B) passive voice.
C) use of unnecessary words.
D) ambiguous terms.
E) None of the above
Q4) The rules section in a case brief should include every source discussed by the court.
A)True
B)False
Q5) When assigned to draft a case brief, what questions would you ask the supervising attorney at the outset of the project?
Q6) Where possible, replace forms of the verb "to ___" with verbs denoting action.
Page 7
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Chapter 6: Constitutional Law
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Q1) Which of the following types of speech is not protected by the Constitution?
A) Political speech
B) Advertising
C) Obscene material
D) None of the above; they are all protected
Q2) The power of judicial review:
A) is part of the system of separation of powers.
B) was first recognized in the case of Marbury v. Madison.
C) is expressly found in the original articles of the Constitution.
D) was first recognized in the case of Brown v. Board. of Education.
Q3) Article III section 2 of the U.S. Constitution limits the power of the federal judiciary to cases or _____.
Q4) Which article of the U.S. Constitution sets forth powers of the U.S. Supreme Court and lists the types of cases it can hear?
A) Article I
B) Article II
C) Article III
D) Article IV
Q5) The first ten amendments to the U.S. Constitution are known as the ______.
Q6) Why is judicial review important?
Page 8
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Chapter 7: Tort Law
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Q1) Under strict liability in tort, product liability requires a ______ product.
Q2) Negligence involves failing to act as a reasonable prudent person would act in the same or similar circumstances
A)True
B)False
Q3) Punitive damages are always recovered in negligence cases.
A)True
B)False
Q4) What type of tort is a willful act done with the knowledge or reckless disregard that the act will cause harm?
A) Negligence
B) Strict liability
C) Intentional
D) Criminal
Q5) The peculiar ____ doctrine makes an employer liable for the acts of an independent contractor when the independent contractor has been engaged to perform a nondelegable duty.
Q6) Contributory risk is a defense to negligence.
A)True
B)False
Page 9
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Chapter 8: Family Law
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Q1) The discovery process in family law will not involve:
A) depositions.
B) interrogatories.
C) request for production and inspection of documents.
D) a "complaint."
E) experts.
Q2) Family law is governed exclusively by federal statutes and federal cases.
A)True
B)False
Q3) The deponent is the person whose testimony is given under oath during a deposition.
A)True
B)False
Q4) Should states require that spouses enter into a premarital agreement before obtaining a marriage license? Explain your position.
Q5) A premarital agreement may help to protect the assets of persons who plan to marry.
A)True
B)False
Q6) What are the different discovery tools used in family law cases?
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Chapter 9: Estate Planning: Wills, Trusts, and Probate
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Q1) What type of will is oral will be made by one on his or her deathbed?
A) Formal
B) Holographic
C) Nuncupative
D) Statutory will
Q2) What type of will is handwritten by the testator?
A) Formal
B) Holographic
C) Nuncupative
D) Statutory will
Q3) A living trust becomes effective:
A) during the life of the settlor.
B) upon death of the settlor.
C) upon death of the beneficiary.
D) when an express trust is created.
E) during the probate process.
Q4) The person who creates a trust is called a(n)______ while the person who makes a will is called an testator/testatrix.
Q5) Wills fall into three broad categories: formal,_____, and nuncupative.
Q6) Explain the different types of trusts.
Page 11
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Chapter 10: Contract and Property Law
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Q1) Certain types of intellectual property have fixed duration while other types of intellectual property, such as trademarks and trade secrets, can receive protection indefinitely while still in use and efforts are made to protect the rights. Why do you think that some types of intellectual property have a fixed duration while others have perpetual duration?
Q2) The "Golden Arches" is an example of something that is entitled to protection under: A) patent law.
B) copyright law.
C) trade secret law.
D) trademark law.
E) All of the above
Q3) The key feature of joint tenancy is a right of survivorship.
A)True
B)False
Q4) What are the required elements for the formation of a contract?
Q5) The Statute of ______ is a rule requiring that certain types of contracts be evidenced by a writing.
Q6) Explain the parol evidence rule.
Q7) What is the difference between a joint tenancy and a tenancy in common?
Page 12
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Chapter 11: The Business Environment: Agency, Employment, Business Organizations, and Bankruptcy Laws
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Q1) Corporations are formed by filing which document with the secretary of state?
A) Bylaws
B) Articles of incorporation
C) Stock permit
D) Partnership agreement
E) Shareholder agreement
Q2) The law of agency holds that the principal is responsible for the torts of the agent that are committed in the course and scope of employment.
A)True
B)False
Q3) What are the differences between a limited liability partnership and a limited liability company?
Q4) In a business corporation, the board of directors is responsible for daily management.
A)True
B)False
Q5) The board of ______of a business corporation have general management power over the corporation and are responsible for setting general business policies.
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Q6) An employment arrangement without a fixed term is an employment ________.
Chapter 12: Civil Procedure Before Trial
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Q1) Lack of proper venue renders any judgment void.
A)True
B)False
Q2) What type of service of process is done with a notice appearing in a paper of general circulation?
A) Personal service
B) Substituted service
C) Service by publication
D) Service by mail
Q3) What is the name of the meeting where the attorneys meet with the judge prior to trial and try to reach a compromise?
A) Status conference
B) Settlement conference
C) Motion hearing
D) Trial-setting conference
Q4) A cause of action is a factual situation that creates a legally recognized right to damages or other relief.
A)True
B)False
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Chapter 13: Alternative Dispute Resolution
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Q1) A private ________ is an individual hired by the parties to preside over a trial who is often a retired judge.
Q2) ADR is never used in criminal cases.
A)True
B)False
Q3) Methods of alternative dispute resolution may be binding or nonbinding.
A)True
B)False
Q4) Arbitrators and mediators must be attorneys.
A)True
B)False
Q5) A discovery referee to decide disputed pretrial matters in a civil action is paid by the court and not the parties.
A)True
B)False
Q6) Early neutral ________ is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute.
Q7) What is the difference between arbitration with mediation?
Page 15
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Chapter 14: Criminal Practice: Criminal Law and Juvenile Law
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Q1) Second degree murder is a homicide that involves an impulsive act, rather than a premeditated act.
A)True
B)False
Q2) In many factual situations, assault and battery occur together but with assault, a touching does not have to take place.
A)True
B)False
Q3) What crime is a reckless or intentional, harmful, or offensive touching of another person?
A) Assault
B) Battery
C) Homicide
D) Invasion of privacy
Q4) Compare and contrast assault and battery.
Q5) A homicide that involves an impulsive act, rather than a premeditated act is ________ degree murder.
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Q6) The process of helping a person attain or regain his or her potential as a citizen that may take the form of counseling or therapy is called ______.
Chapter 15: Criminal Procedure Before Trial
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Q1) What did the U.S. Supreme Court decide in Mapp v. Ohio (1961)?
Q2) An information is filed by the prosecutor and an indictment is filed by a grand jury. A)True
B)False
Q3) An information is an accusation made by a prosecutor against a criminal defendant that does not involve a ______ jury.
Q4) In order to obtain a warrant from a neutral magistrate, the officer must have that the suspect committed the crime.
Q5) The defendant confessed to a crime in violation of Miranda. What pretrial motion would the defendant file to exclude evidence obtained from the confession?
A) Motion to transfer venue
B) Motion for continuance
C) Motion to suppress evidence
D) Motion to dismiss
Q6) Hot pursuit is an exception to the warrant requirement.
A)True B)False
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Chapter 16: Rules of Evidence
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Q1) Circumstantial evidence provides the jury with information from which _______ may be drawn.
Q2) Which types of witnesses add more value to a case: lay witnesses or expert witnesses? Does it make a difference on the type of case? If so, in which types of cases are expert witnesses more valuable?
Q3) There are four types of witnesses.
A)True
B)False
Q4) A chart that depicts an intersection and location of vehicles in an automobile negligence case is an example of __________ evidence.
Q5) What are methods used to attack the credibility of a witness?
Q6) Which of the following are types of exhibits?
A) Documentary evidence
B) Actual evidence
C) Demonstrative evidence
D) All of the above
E) None of the above
Q7) A common tool used to attack the credibility of a witness is ________.
Q8) Explain the four types of evidence.
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Chapter 17: The Trial
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Q1) The plaintiff will present his or her case in chief through the testimony of various witnesses.
A)True
B)False
Q2) Explain how a judge decides which jury instructions to give to a jury.
Q3) A motion for summary judgment requests that the judge decide the case on the legal issues without consideration of the factual issues.
A)True
B)False
Q4) The judge will make the first "opening statement."
A)True
B)False
Q5) A trial will always involve a jury.
A)True
B)False
Q6) Each side is allowed a limited number of ______ challenges where the attorney can excuse prospective jurors without stating a reason.
Q7) After closing arguments but before jury deliberations, the judge will give ________ to the jury.
Page 19
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