Deck 1: Introduction to Law

Question 1

Apostasy,the renunciation of one's religion,is illegal in some countries in which religious law is the law of the country.

Answer 1

True

Question 2

Utilitarianism is a philosophical theory,first developed by Jeremy Bentham.

Answer 2

True

Question 3

The doctrine of supremacy is a court doctrine requiring that trial court decisions comply with appellate court decisions.

Answer 3

False

Question 4

The term judicial activist is used to describe legislators and executives who seek to increase the workload of the courts.

Question 5

A code is a compilation of statutes grouped by topic.

Question 6

It is often impossible to tell the plaintiff and the defendant by the title of a reported appellate court decision.You must read the facts of each case carefully to identify each party.

Question 7

The part of a court opinion that determines the resolution of the dispute is called the dicta

Question 8

Syllogisms help to identify incorrect premises and flawed thinking.

Question 9

Common law and statutory law are both laws created by the executive branch of government.

Question 10

A major strength of utilitarian ethics is its flexible application.

Question 11

Stare decisis is a common-law principle that is fundamental to the U.S.modern system of justice.

Question 12

It is generally understood that the phrase common law has one clear meaning.

Question 13

One definition of law is static,a "snapshot",emphasizing law's nature as a set of written rules.A better definition of law is dynamic,emphasizing its changing and evolving nature in responding to new issues and problems.

Question 14

A doctrine of American law holds that courts may only decide cases to which an actual conflict exists rather than offer advisory opinions.

Question 15

Under a duty model of ethics,an action is morally correct or right when,among people it affects,it produces the greatest amount of good for the greatest number.

Question 16

For hundreds of years,the common law of England had evolved into a framework of principles found in both customs and statutes that were brought to the New World by early colonial settlers.

Question 17

Procedural law is that law that establishes rights and prohibits wrongs.

Question 18

The new science of biotechnology promises to bring new cures of old diseases without creating serious legal issues and problems.

Question 19

Case law is also often referred to as court law.

Question 20

Federal common law is limited to disputes involving obligations of the United States,interstate and international disputes,and admiralty cases.

Question 21

That lawyers may not question prospective jurors about their sexual preference is an example of the application of ____________________law.

Question 22

The common law is sometimes referred to as the law.

Question 23

A set of rules for appropriate professional behavior is often called a ..

Question 24

Some fundamentals of our present constitutional law dates to the year 1215 when King John of
England accepted the ,which established,among other important matters,
trial by jury in criminal cases.

Question 25

Any part of a court opinion that is unnecessary to the resolution of a dispute before the court is called .

Question 26

The concept that subsequent courts will adhere to the principles of law espoused in decisions of
earlier courts is called .

Question 27

Statements of fact that are neutral as to any expression of values are called .

Question 28

Law that concerns relations among sovereign nations is called .

Question 29

is a method of logical reasoning from two or more propositions to a
conclusion.

Question 30

Common law refers to

A)statutory law.
B)criminal law.
C)court-made law.
D)ordinary law.

Question 31

The term is a fanciful reference to a case that is identical or virtually
identical to a case previously decided by a high court in the same court system.

Question 32

Judges who purposefully expand on the law in their decisions are often referred to as
and judges who narrowly interpret the law by relying heavily on precedent
are often referred to as ________________ .

Question 33

There must be a .properly presented to a court before judicial action will be
taken.

Question 34

The body of legal rules of today that were derived from fundamental usages and customs of antiquity,particularly as they appeared in medieval England,and from modern judgments of appellate courts that recognize and apply those customs in specific cases,is called the
.

Question 35

is the study of the general nature of morals and of the specific moral choices
to be made by the individual in his relationship with others;the philosophy of morals.

Question 36

A city ordinance that requires all landlords to change locks each time an apartment is rented or face a $1,000 fine is an example of the __________law.

Question 37

The Food and Drug Administration (FDA)has recently proposed new laws concerning inspection of meat before its sale for human consumption.A new meat inspection requirement would be an example of law.

Question 38

Statements that reflect what should be or how one should act are called .

Question 39

Forcible rape is an example of both and law.Thus,
the victim can begin legal proceedings against the wrongdoer in two separate courts.

Question 40

A(n)is a party who appeals a case to another court.A(n)
is the party against whom an appeal is made.

Question 41

Assume that Michael brought home his new girlfriend,Marsha,and her six -year-old daughter,Fiona,to meet his parents.The relationship between the two continued,and Marsha and Fiona were

A)Michael's parents have a legal duty,in most states,to tell Marsha about their son's past.
B)Michaels's parents do not have a legal duty,in most states,to tell Marsha about their son's past.
C)If Marsha were to sue Michael's parents for their failure to disclose,it would be a criminal action.
D)Any lawsuit brought by Marsha would most likely be a federal lawsuit.

Question 42

The common law has been called each of the following except

A)the unwritten law.
B)case law.
C)decisional law.
D)administrative law.

Question 43

Large administrative agencies possess functions suggesting each of the different branches of government.However,they are usually classified as being part of the

A)Executive Branch.
B)Judicial Branch.
C)Legislative Branch.
D)Security Council.

Question 44

Penal codes and civil codes are examples of

A)statutory law.
B)common law.
C)administrative law.
D)procedural law.

Question 45

Administrative agencies do all of the following except

A)conduct hearings,often calling witnesses.
B)enact rules that have the force and effect of law.
C)impose financial penalties upon violators of rules.
D)review judicial opinions and judgments.

Question 46

A reasonable definition of utilitarianism would be:

A)An action is morally correct if it creates the greatest amount of good for the greatest amount of people.
B)One is obligated to treat every individual as an end and never exclusively as a means.
C)One must act as though they are a person who both makes the law and is bound it.
D)Individuals look for a central authority or set of rules to guide them in ethical decision-making.

Question 47

Which of the following is not an example of lawmaking by the executive branch of government?

A)a directive by the governor of a state
B)a directive by the president
C)adoption of a rule by an administrative agency
D)adoption of the RICO statute

Question 48

A syllogism is

A)a misleading statement causing difficulty in problem analysis.
B)a form of situational ethics.
C)unrelated to moral reasoning.
D)a pattern of deductive logic that contains a major or general premise,a minor or specific premise,and a conclusion,always in that order.

Question 49

Fact finding processes are not static and they have evolved over the years.A process sometimes used in 11th century in England was

A)truthing.
B)Saxon-hunting.
C)beaver tale.
D)ordeal.

Question 50

A process begun by citizens to change a state statute or constitution by popular election was the

A)initiative.
B)legislative ballot.
C)referendum.
D)signature measure.

Question 51

The strength of Kant's theory of duty lies in its

A)simplicity.
B)complexity.
C)expressed basis in religious thought.
D)ability to balance action against the greater good.

Question 52

Federalism is:

A)A union of states under a central government.
B)The preclusion of a government undertaking significant international affairs.
C)a government made up of royal or imperial leadership.
D)Leadership selected on the basis of intellectual criteria

Question 53

You are given the title of an appellate court case,and it is Herbert v.Singh.

A)Herbert is the plaintiff and Singh is the defendant.
B)Singh won the trial court decision.
C)You cannot determine with absolute certainty which party is the plaintiff,because when a defendant loses a trial and files an appeal,some courts (but not all)reverse the names of the parties.
D)The trial judge was Herbert and the appellate judge is Singh.

Question 54

Normative judgments are value statements about things we believe or observe.Which of the statements below is not a normative judgment?

A)Fees at the University are so expensive they are the equivalent of tuition.
B)The rainfall in New York City is less than the average for this year.
C)The President's health plan is a fair way to provide medical services.
D)This test is hard.
E)The Congressional Social Security Plan is more prudent than the President's.

Question 55

The written law includes all of the following except

A)constitutions.
B)statutes.
C)case law of appellate courts.
D)ordinances.

Question 56

A compilation of statutes grouped to gather is called a(n)

A)code.
B)constitution.
C)treaty.
D)unwritten law.

Question 57

The doctrine of stare decisis

A)is expressed in statutes.
B)promotes predictability of the law.
C)promotes judicial activism.
D)is product of Roman civil law.

Question 58

For purposes of determining the value of an appellate case as precedent,the strongest precedent would occur from a

A)concurring opinion.
B)dissenting opinion.
C)majority opinion.
D)unanimous opinion.

Question 59

Wrongful conduct by one person that causes harm to another person

A)is a crime.
B)is a tort.
C)can be both a tort and a crime.
D)is neither a tort or a crime.

Question 60

There are several definitions of common law which among the below is the best offered.

A)Uniform codes passed by elected authorities.
B)Judge-made law reflecting the customs and usages of the people.
C)Statements that reflect what should and should not be or how one should act
D)The law of France evolved into a framework of principles,found in both customs and statutes that were brought to the New World by the early colonial settlers.

Question 61

Is it appropriate for courts to change well settled law,or should that be the sole province of legislatures? For example,assuming it is desirable,should Courts or the legislature now make a law that two-stroke outboard engines violate the public's right to pollution free waterways?

Question 62

An important benefit of the doctrine of stare decisis is the stability and predictability that the doctrine brings to the law.How do the courts deal with legal disputes when new scientific information or methods and/or changes in societal values render certain existing legal rules obsolete,or even absurd,if applied to these new legal disputes?

Question 63

The Code of Hammurabi is:

A)the basis of Saxon common law before the Norman invasion.
B)the more common reference for Roman Civil Law.
C)A common reference for common law civil codes.
D)A code prepared by a Babylonian King in what is now modern Iraq.

Question 64

A dissenting opinion

A)An appeal by a losing defendant.
B)A judicial ruling that conflicts with stare decisis.
C)A judicial opinion where a judge states a different result should have been reached by the court.
D)A written opinion where a judge agrees with the result reached by another judge,but for different reasons.

Question 65

Which situation is an appropriate application of the doctrine of stare decisis?

A)A reference to a dissenting opinion in the highest court in the same state with the same or similar facts.
B)A reference to a majority opinion in the highest court in the same state with the same or similar facts.
C)A reference to a statute in an appropriate state covering the same or similar facts.
D)A reference to a majority opinion in the highest court in a neighboring state with the same or similar facts.

Question 66

Take the pro or the con side of the following proposition: Persons in elective political offices who
commit crimes involving moral turpitude (e.g. ,tax evasion,theft,rape,or fraud)should be sentenced more harshly,because of their positions of public trust,than should other nonpolitical persons who commit similar crimes.Both pro and con writers should state whether or not they think penalties do,in fact,differ for such persons.

Question 67

Remember the Kitty Genovese story from this article: "Are There No Good People in This
Neighborhood?"
Friday 13 March
A young woman returns from work just after 3:00 a.m.on a typical street in Queens,New York.She parks her car and begins a 100-foot walk to her apartment building.Concerned about a man standing between her path and the apartment building she
changes course and heads in the opposite direction.She was right to be concerned,as he follows and grabs her.She screams.No less than 38 neighbors turn on their lights and open their windows.Again she screams,"He stabbed me!" and "Help!" An
observer shouts,"Leave the girl alone" and the attacker walks away.Then,the lights all go out,and windows are slammed shut.While the victim staggers to reach the
nearest apartment building the attacker returns and stabs her again.The victim yells,"I'm dying!" The commotion again gets the attention of the apartment dwellers and again the attacker leaves.So the lights go out and windows close.The victim crawls toward the apartment house,but the attacker returns again one last time to stab and kill the young woman.
Consider the behavior of the observer who shouted "Leave the girl alone." Has the observer behaved ethically? Choose an ethical approach,analyze the behavior,and make a moral judgment based on your analysis.

Question 68

Define the following terms and provide examples of each?
Criminal and Civil law
Substantive and procedural law