Question 1

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

Accepted Answer

The principle of stare decisis does not preclude correction of erroneous decisions. Courts can overrule previous decisions if they are deemed incorrect or outdated. However, the principle does encourage consistency and stability in the law by following established precedents unless there is a compelling reason to depart from them.

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 a civil case like this, the plaintiff (Tate) must prove their case by a preponderance of the evidence, meaning that it is more likely than not that the defendant (Marsheen) committed the alleged trespass.

Question 3

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

Accepted Answer

Decisions of courts of appeals are indeed published in volumes known as "reports" or "reporters." These volumes serve as an official record of the court's decision and are cited in legal briefs and arguments.

Question 4

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

Accepted Answer

Treaties are subject to judicial review by the Supreme Court of the United States. The Constitution grants the Court the authority to interpret treaties, along with other federal laws, and to settle disputes between states and foreign governments.

Question 5

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 do not result in the creation of federal law. The other options (rules of administrative agencies, decisions of federal courts, and executive orders of the President) are all sources of federal law.

Question 6

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 in Louisiana and Scotland rely heavily on written laws and statutes enacted by the government. These codes and laws provide a comprehensive framework for legal disputes and are interpreted and applied by judges in the court system.

Question 7

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

The definition of law in a functional sense as predictions of the way that a court will decide specific legal questions was defined by American jurists Oliver Wendell Holmes and Benjamin Cardozo.

Question 8

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 used by judges and lawyers to interpret the law.

Question 9

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

The courts are unlikely to provide a remedy in a situation where someone simply refuses to perform a moral obligation, such as helping to rescue a drowning child. However, in situations where there is a clear legal violation, such as someone pushing another person or driving recklessly, the courts are likely to provide remedies.

Question 10

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

Accepted Answer

While law and justice are often related, they are not interchangeable terms. Law refers to a set of rules and regulations imposed by a government or authority, while justice refers to the fair application of those laws and the moral principles underlying them. Sometimes the law itself may be unjust or applied unfairly, leading to a lack of justice.

Question 11

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

The standard of proof in a criminal case is not "by preponderance of the evidence," but rather "beyond a reasonable doubt." The other options are true - criminal suits must be brought by the government, may be at the state or federal level, and may result in imprisonment if the defendant is convicted.

Question 12

Business law is primarily public law.

Accepted Answer

Business law is primarily private law, which governs the relationships between individuals, businesses, and organizations. Public law, on the other hand, deals with the government's relationship with individuals and businesses, and includes areas such as constitutional law and administrative law.

Question 13

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 an act or omission prohibited and punishable by law. It is a violation of the law that is considered to be an offense against society as a whole, rather than just the victim of the crime. Therefore, choice B is the best option as it accurately defines crime.

Question 14

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 statement that the law is always prohibitory is not accurate. The law may also be permissive or enabling, allowing individuals to engage in certain activities or conduct.

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 the supreme law of the land in the United States, meaning that all other laws and government actions must comply with its provisions. Federal statutes and treaties must be consistent with the Constitution, and case law is only authoritative insofar as it is consistent with the Constitution.

Question 16

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 17

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

Although the agreement may be binding between the two governments, it does not become a treaty under the United States Constitution unless it is ratified by the Senate.

Question 18

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 prosecutor must prove the defendant's guilt beyond a reasonable doubt, which means that there should not be any other logical explanation for the defendant's guilt except that they committed the crime. This is a very high standard of proof that the prosecutor must meet.

Question 19

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

While equity courts still exist in some jurisdictions, they have largely been merged with common law courts. Equity cases typically did not involve juries because they concerned matters of fairness and justice rather than determining facts. While equity courts did recognize new rights, they also enforced existing rights in situations where the common law may not have provided a remedy. However, not all cases brought in equity courts introduced new rights.

Question 20

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

Accepted Answer

Contracts, agency, property, and trusts are governed primarily by the common law, which is developed through court decisions based on precedent, rather than by federal or state statutory law. However, there may be some variations in common law between different states.

Quiz 1: Introduction to Law

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

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.

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

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

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

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

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

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?

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

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

Business law is primarily public law.

A crime is:

Which of the following is not descriptive of the law?

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

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

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.

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

Courts of equity:

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