Deck 1: Introduction to Law

Question 1

States do not have administrative laws.

Answer 1

False

Question 2

Constitutions exist at both state and federal levels.

Answer 2

True

Question 3

Jurisprudence is legal philosophy.

Answer 3

True

Question 4

The Internal Revenue Code is part of federal statutory law.

Question 5

Terms of a consulting contract are an example of private law.

Question 6

Ordinances are generally found in state legislative codes.

Question 7

Stare decisis is Latin for "let the decision stand."

Question 8

Substantive laws provide the means and mechanisms for the enforcement of laws.

Question 9

Violations of civil laws can result in imprisonment.

Question 10

Citations are a form of legal shorthand for referring to statutes,ordinances,and cases.

Question 11

The Code of Federal Regulations includes the enactments of federal administrative agencies.

Question 12

The scholars of jurisprudence generally agree on the theory of law.

Question 13

Equitable remedies are not available in courts of law in the United States.

Question 14

If conduct is a criminal violation,it cannot also be a civil violation.

Question 15

The United States Code includes laws on anticompetitive activities as well as laws regulating the sale of securities.

Question 16

There are no criminal laws at the federal level.

Question 17

Zoning laws are substantive only.

Question 18

Statutory law exists at all levels of government.

Question 19

The common law in each state is the same.

Question 20

City ordinances generally cover the legal aspects of incorporation and securities registration.

Question 21

There are agency regulations at both the state and federal levels.

Question 22

Criminal laws are generally enforced by individuals.

Question 23

Union/management laws demonstrate the role of law as a compromiser.

Question 24

The act of state doctrine permits other countries to intervene in a nation's government when human rights are violated.

Question 25

Party autonomy is not permitted in international contracts.

Question 26

The EU will be disbanded in 2018.

Question 27

A curfew is an example of the type of law that would be found in city or town ordinances.

Question 28

A personnel manual is an example of private law.

Question 29

Custom has no impact on international law.

Question 30

Treaties are a source of international law.

Question 31

Laws' flexibility allow adjustments for technology changes.

Question 32

A multilateral treaty is a treaty among several nations.

Question 33

The Uniform Commercial Code and the Uniform Partnership Act are both enactments of Congress.

Question 34

The uniform laws on partnerships and corporations are found codified in the United States Code.

Question 35

Courts create and apply the common law.

Question 36

Most countries follow a philosophy of caveat emptor.

Question 37

If you run a red light and hit and injure a pedestrian,both civil and criminal laws will apply.

Question 38

The Uniform Commercial Code (UCC)has been adopted in all 50 states.

Question 39

Once a court decision is issued,it cannot be reversed without legislative action.

Question 40

The EU has its own currency.

Question 41

Courts interpret all levels of statutes and regulations.

Question 42

Judicial review is one means for clarifying the meaning of laws.

Question 43

Context is a factor in types of legal systems.

Question 44

The U.S.Constitution does not apply to the states.

Question 45

Which is the proper cite for Executive Orders?

A)CFR
B)USC
C)E.O.O.c.
D)none of the above

Question 46

Several states have recently enacted legislation to permit casino gambling on river boats docked in their states.Gambling is permitted only while the boats are traveling in the rivers surrounding or inside the states.One governor issued the following statement: "It wouldn't matter how many gaming statutes are passed or how many legislatures passed them,the fact of the matter is that commercial gambling is wrong." This governor's views:

A)indicate that he follows the positive law theory.
B)indicate that he follows the natural law theory.
C)indicate that he is against principles of justice.
D)are most parallel to those of Oliver Wendell Holmes.

Question 47

Uniform laws are:

A)required to be adopted by states.
B)written to make interstate business less complicated.
C)found in USc.
D)none of the above

Question 48

Bill Blackburn is the new mayor of Oceanside,Washington.He discovered that the city-run utility requires a deposit of $50 from new customers in homes.However,new customers who reside in apartments,condominiums,or townhouses must pay a $500 deposit.Mayor Blackburn proposed that the utility deposit be $100 for all new customers.Blackburn's change fits best under which theory of law?

A)positive law theory
B)natural law theory
C)theory of justice
D)theory of custom

Question 49

Which is the proper cite for the Code of Federal Regulations?

A)CFR
B)USC
C)USCFR
D)none of the above

Question 50

Enactments of federal administrative agencies are found in:

A)the United States Code.
B)the Code of Federal Regulations.
C)the U.S.c.
D)none of the above

Question 51

Which of the following is not a purpose of law?

A)keeping order
B)influencing conduct
C)promoting equality
D)providing compromises
E)All of the above are purposes of law.

Question 52

Zoning is an example of private law.

Question 53

In "cite 15 U.S.C.sec.77," the 15 represents:

A)the page number.
B)the volume number.
C)the session of Congress when enactment occurred.
D)none of the above

Question 54

Which of the following is not part of the United States Code?

A)1933 Securities Act
B)Sherman Act
C)Equal Employment Opportunity Act
D)Uniform Commercial Code
E)All of the above are part of the United States Code.

Question 55

Statutes that eliminate constitutional protections are still valid if they are federal statutes.

Question 56

Which of the following is not an example of a law that promotes equality?

A)employment discrimination laws
B)antisegregation statutes
C)Social Security statutes
D)trespassing statutes
E)All of the above laws promote equality.

Question 57

The UCC has been adopted by:

A)all 50 states.
B)over half the states.
C)49 states.
D)a quarter of the states, but it is rapidly gaining in adoptions.

Question 58

A question about a licensing exam for a real estate agent is best answered by going to federal laws.

Question 59

The CISG is another name for the UCC.

Question 60

Scalping ordinances are an example of criminal laws.

Question 61

A state statute that prohibits "baby buying" regardless of circumstances is a law that most closely follows which theory of jurisprudence?

A)justice
B)natural law
C)positive law
D)custom

Question 62

Criminal laws:

A)carry fines and/or imprisonment penalties.
B)are enforced by individuals.
C)are generally not enforced by government agencies.
D)are the same as private laws.
E)none of the above

Question 63

Which of the following is not true regarding constitutional law?

A)exists at the state and federal levels
B)establishes government structure
C)establishes individual rights
D)can be changed by Congress

Question 64

Which is not an example of private law?

A)lease on a residential home
B)lease on a commercial building
C)zoning ordinances
D)contract for the sale of a car
E)employer regulations

Question 65

Ellen Benson has been operating a small catering business out of her home.Business growth is now requiring an office and kitchen facilities.Before expanding facilities,Ellen wishes to incorporate her business.Where would Ellen find the laws of incorporation?

A)state statutes
B)zoning ordinances
C)Code of Federal Regulations
D)county ordinances

Question 66

When is precedent not followed?

A)when circumstances have changed
B)when technology has changed
C)when there are changes in the factual circumstances from those in which the precedent was established
D)It is possible that precedent would not be followed in all of the above circumstances.

Question 67

The federal statute that carries imprisonment as a penalty for trading securities on inside information is an example of a:

A)private law.
B)civil law.
C)procedural law.
D)criminal law.
E)all of the above

Question 68

Legal and equitable remedies:

A)are available in all courts in the United States.
B)are awarded by separate courts of equity and law.
C)are the same remedies.
D)exist only in the United States.
E)none of the above

Question 69

Which of the following is not an example of a law that promotes order?

A)disclosure statutes for securities sales
B)curfew
C)speed limits
D)trespassing laws

Question 70

Which of the following is not a source of international law?

A)custom
B)treaties
C)private law
D)Code of Federal Regulations

Question 71

Anna Elleson has just opened her plumbing business in a small industrial park located within the boundaries of the city of Tempe,Arizona.Upon opening her plumbing business,Anna receives a notice from the landlord that her largest pieces of equipment (backhoes)may not be parked in the parking lot of the industrial park overnight.Anna asks why and the landlord explains that there is a restriction in her lease.The restriction against parking equipment in the complex is:

A)enforceable as a private law.
B)unenforceable unless a city zoning ordinance prohibits such parking.
C)an unconstitutional regulation of private property.
D)unenforceable unless signs are posted.

Question 72

Phil's Corner Mart is a convenience store and gasoline station.A representative from the Environmental Protection Agency (EPA)has just notified Phil that there is some leakage from his underground gasoline storage tanks.The EPA representative explains to Phil that he will be issuing a citation for violation of federal environmental laws and that Phil could be liable for clean-up costs and penalties.Which of the following statements is true?

A)Phil has been charged with a crime.
B)Phil has been charged with violation of a state statute.
C)Phil is facing civil penalties for the violation.
D)The EPA promulgates USC provisions.

Question 73

Which of the following is an example of a law that provides compromises?

A)curfews
B)antitrust laws
C)traffic laws
D)union/management laws

Question 74

Common law:

A)no longer exists today.
B)began in the United States.
C)exists only in England.
D)was eliminated with the courts of equity.
E)none of the above

Question 75

The European Union:

A)was disbanded by GATT.
B)is an organization of European countries.
C)has established trade barriers.
D)has strict customs controls among the members.

Question 76

Which of the following is not a source of private law?

A)lease
B)employment agreement
C)ordinance
D)marriage prenuptial agreement

Question 77

Administrative regulations are promulgated by:

A)Congress.
B)constitutional conventions.
C)administrative agencies.
D)state legislatures.
E)none of the above

Question 78

Which of the following subjects is not generally covered by local ordinances?

A)zoning
B)curfews
C)dog licensing
D)partnerships
E)traffic

Question 79

On faxed documents,it is often difficult to tell if a signature is authentic,both because clarity is a problem and also because signatures can be cut and pasted onto new documents from old documents.The Uniform Commercial Code provides that anything placed on a document with the intent to authenticate it is a binding signature for a valid contract.The UCC definition:

A)did not anticipate the technology problems arising from the fax.
B)will apply even in these fax situations.
C)is a common law definition.
D)is part of federal law.

Question 80

Changes in laws that are made because of changes in technology illustrate which characteristic of law?

A)consistency
B)pervasiveness
C)flexibility
D)none of the above