Question 1

Sources of federal law include all but which of the following?
A) Rules of administrative agencies.
B) Decisions of federal courts.
C) Executive orders of the President.
D) Hearings before the Senate.

Accepted Answer

Hearings before the Senate are not a source of federal law; they are part of the legislative process but do not themselves create law.

Question 2

Tate brings an action against Marsheen for damages from trespass to Tate's property. Tate must prove the case by a preponderance of the evidence.

Accepted Answer

In civil cases like trespass, the plaintiff must prove their case by a preponderance of the evidence, meaning it is more likely than not that the claim is true.

Question 3

In the United States, treaties are not subject to judicial review.

Accepted Answer

Treaties in the United States can be subject to judicial review to ensure they comply with the Constitution.

Question 4

The business law topics of contracts, agency, property, and trusts are governed primarily by the common law.

Accepted Answer

These topics have traditionally been developed and governed by common law principles, although statutes may also play a role.

Question 5

Glenna has been charged with arson of a storage building. The prosecutor must prove Glenna's guilt:
A) by a preponderance of the evidence.
B) by the greater weight of the evidence.
C) beyond a reasonable doubt.
D) beyond shadow of a doubt.

Accepted Answer

In criminal cases, the standard of proof is "beyond a reasonable doubt," which is the highest standard of proof required to convict a defendant.

Question 6

Assume the state of Minnesota has been negotiating with the Canadian government on issues involving acid rain and eventually reaches an agreement with Canadian officials. This is a valid treaty under the United States Constitution.

Accepted Answer

Under the United States Constitution, only the federal government, not individual states, has the power to negotiate and enter into treaties with foreign governments.

Question 7

Business law is primarily public law.

Accepted Answer

Business law is primarily private law as it deals with the relationships between individuals and organizations in commercial matters, rather than the relationship between individuals and the state.

Question 8

Decisions of courts of appeals are published in volumes known as "reports" or "reporters."

Accepted Answer

Court of appeals decisions are published in volumes called "reporters," which compile judicial opinions from various courts.

Question 9

The terms "law" and "justice" are interchangeable.

Accepted Answer

The terms "law" and "justice" are not interchangeable; "law" refers to a system of rules created and enforced by institutions, while "justice" is a broader concept concerning fairness and moral righteousness.

Question 10

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

Accepted Answer

Oliver Wendell Holmes and Benjamin Cardozo are known for defining law in a functional sense, focusing on predictions of court decisions.

Question 11

Which of the following is not descriptive of the law?
A) It is always prohibitory.
B) It is pervasive.
C) It may be permissive.
D) Its function is to regulate human conduct and relations.

Accepted Answer

The law is not always prohibitory; it can also be permissive, allowing certain actions or behaviors.

Question 12

A crime is:
A) a private wrong that necessitates litigation between the victim and the perpetrator.
B) any act prohibited by the government or an omission of an act required by public law and made punishable by the government in a judicial proceeding brought by it.
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) wrongful conduct as set forth in statutes that constitute the supreme law of the land.

Accepted Answer

A crime is defined as an act prohibited by the government or an omission of an act required by public law, which is punishable by the government in a judicial proceeding.

Question 13

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 may be a state or a federal case.
C) Proof of guilt must be "by preponderance of the evidence."
D) Conviction may result in imprisonment.

Accepted Answer

In criminal law, the standard of proof is "beyond a reasonable doubt," not "by preponderance of the evidence," which is the standard used in civil cases.

Question 14

Once a court has decided a case, the principle of stare decisis precludes correction of erroneous decisions.

Accepted Answer

Stare decisis is the legal principle of determining points in litigation according to precedent. However, higher courts can overturn erroneous decisions made by lower courts, and courts can also overturn their own previous decisions if deemed necessary.

Question 15

What is the supreme law of the land in the United States?
A) Federal statutes.
B) Treaties.
C) Case law as developed through the U.S. Supreme Court.
D) The U.S. Constitution.

Accepted Answer

The U.S. Constitution is considered the supreme law of the land in the United States, meaning it takes precedence over all other laws and treaties.

Question 16

Civil law systems, as found in the state of Louisiana and countries such as Scotland, depend on comprehensive legislative enactments.

Accepted Answer

Civil law systems are based on codified laws and comprehensive legislative enactments, unlike common law systems which rely more on case law and judicial decisions.

Question 17

All laws are related to morals, but some moral precepts are not enforced by legal sanctions.

Accepted Answer

The answer of All laws are related to morals, but...

Question 18

Courts of equity:
A) have remained separate court systems in nearly every jurisdiction in the United States.
B) ordinarily do not involve juries.
C) in all cases recognized new rights that were not enforceable at common law.
D) All of these.

Accepted Answer

Courts of equity typically do not involve juries as they focus on remedies other than monetary damages, such as injunctions or specific performance, which are decided by a judge.

Question 19

One important source of law in the United States is the Restatement of law.

Accepted Answer

The Restatement of Law is not a source of law in the United States. It is a set of guidelines and principles that are not binding on courts.

Question 20

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 stranger refuses to help rescue a drowning child.
C) A person pushes a stranger into the lake.
D) A driver maneuvers recklessly on a busy street.

Accepted Answer

A stranger is not legally obligated to help rescue a drowning child.

Quiz 1: Introduction to Law

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

Tate brings an action against Marsheen for damages from trespass to Tate's property. Tate must prove the case by a preponderance of the evidence.

In the United States, treaties are not subject to judicial review.

The business law topics of contracts, agency, property, and trusts are governed primarily by the common law.

Glenna has been charged with arson of a storage building. The prosecutor must prove Glenna's guilt:

Assume the state of Minnesota has been negotiating with the Canadian government on issues involving acid rain and eventually reaches an agreement with Canadian officials. This is a valid treaty under the United States Constitution.

Business law is primarily public law.

Decisions of courts of appeals are published in volumes known as "reports" or "reporters."

The terms "law" and "justice" are interchangeable.

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

Which of the following is not descriptive of the law?

A crime is:

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

Once a court has decided a case, the principle of stare decisis precludes correction of erroneous decisions.

What is the supreme law of the land in the United States?

Civil law systems, as found in the state of Louisiana and countries such as Scotland, depend on comprehensive legislative enactments.

All laws are related to morals, but some moral precepts are not enforced by legal sanctions.

Courts of equity:

One important source of law in the United States is the Restatement of law.

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