Question 1

Which of the following played a role in the creation of the U.S.government by solving the problem of federalism?
A)The Visigoths
B)The Iroquois Native Americans
C)Confucius
D)Alexis de Tocqueville

Accepted Answer

The Iroquois Native Americans played a role in the creation of the U.S. government by providing inspiration for the idea of federalism, which divides power between a central government and smaller state or local governments. The Iroquois Confederacy, which formed in the late 16th century, had a similar structure with a central governing body and individual tribes that retained some autonomy. This model influenced early American political thinkers like Benjamin Franklin and Thomas Jefferson.

Question 2

The President of the United States
A)creates federal common law.
B)can veto Congressional legislation.
C)determines the constitutionality of statutes.
D)passes statutes.

Accepted Answer

The President of the United States has the power to veto Congressional legislation, which means they can reject a bill passed by Congress and prevent it from becoming law. The President does not have the power to create federal common law or determine the constitutionality of statutes, as those are powers reserved for the judicial branch. Additionally, the President cannot pass statutes, as that power resides with the legislative branch.

Question 3

President Nixon issued wage-price controls in an effort to stabilize the economy.This use of executive power was
A)an illegal usurption of legislative powers which belong to the Congress.
B)a valid use of power based on Article II of the Constitution.
C)a valid use of judicial power.
D)an illegal usurption of the regulatory powers of administrative agencies.

Accepted Answer

The issuance of wage-price controls by President Nixon was a valid use of power, based on Article II of the Constitution, which grants the President authority to act as the chief executive and commander-in-chief of the armed forces. The use of executive power to stabilize the economy during times of crisis has been recognized as a valid exercise of presidential authority. While the Congress may have a role in regulating the economy, it does not have exclusive authority in this area, and presidential action is often necessary to address economic challenges in a timely and effective manner.

Question 4

In the United States,the powers of government are divided between a national,state,and several local governments.What is this type of system called?
A)federalism
B)democracy
C)confederation
D)oligarchy

Accepted Answer

This type of system is called federalism, in which power is divided between a central/national government and individual states, with each level having some degree of autonomy and authority over specific matters. The United States is an example of a federalist system of government. The other options are not applicable as they either do not relate to this type of system or are not reflective of the US government structure.

Question 5

Antonio assaulted Mark after the two argued about a parking space.The District Attorney's office prosecuted Antonio on assault charges.Subsequently,Mark filed a lawsuit against Antonio for money damages.Classify each legal action.
A)The District Attorney's case was a criminal case;Mark's lawsuit was a civil case.
B)The District Attorney's case was a civil case.Mark's lawsuit was a criminal case.
C)Both cases are criminal.
D)Both cases are civil.

Accepted Answer

The District Attorney's case against Antonio was a criminal case because it was brought by the state and the prosecution was seeking punishment for the crime. Mark's lawsuit against Antonio was a civil case because it was a private legal action seeking money damages for the harm suffered.

Question 6

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico.If Henry David Thoreau's neighbor agreed that war was unjust but paid his taxes because the law required him to pay the tax,the neighbor would be applying the jurisprudence theory of
A)legal positivism.
B)natural law.
C)legal realism.
D)common law.

Accepted Answer

The neighbor is applying legal positivism, which holds that the validity of law is determined by its source, rather than its morality or justice. This means that even if the neighbor personally disagrees with the law, they must still obey it because it is a legal requirement. Thoreau, on the other hand, was applying natural law, which emphasizes the need for laws to conform to moral principles.

Question 7

Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note.The trial ended before it began,with the trial judge granting a motion for summary judgment in favor of Curtis.Ulhoff has appealed,and the Supreme Court of Iowa has remanded the case.This means
A)Curtis automatically wins because he won in the lower court.
B)Ulhoff automatically wins because he lost in the lower court.
C)Neither party wins because the case is being thrown out.
D)We don't know who wins yet because the case is being returned to the trial court for additional steps.

Accepted Answer

The case is being remanded, which means it is being sent back to the trial court for additional steps. This indicates that a final decision has not been reached and the outcome is still uncertain.

Question 8

When the Food and Drug Administration prohibits a certain drug from being marketed in the United States,this is
A)private law.
B)an agency regulation.
C)legal negativism.
D)an executive order.

Accepted Answer

When the FDA prohibits a certain drug, it is exercising its regulatory authority as an agency. Therefore, it is an agency regulation.

Question 9

Which type of law regulates the rights and duties between parties?
A)criminal law
B)administrative law
C)civil law
D)judicial law

Accepted Answer

Civil law typically deals with the private rights and duties between parties, such as contracts, property disputes, and personal injury lawsuits. Criminal law, on the other hand, deals with crimes and their punishments. Administrative law deals with the relationship between individuals and government agencies. Judicial law (also known as case law or common law) refers to legal decisions made by judges in court cases.

Question 10

If the title of an appellate court case appears as Jones v.Smith,
A)then it is correct to say that Jones is the plaintiff and Smith is the defendant.
B)it means that Smith won the trial court decision.
C)you cannot determine 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 Jones and the appellate judge is Smith.

Accepted Answer

In appellate court case titles, the order of names does not necessarily indicate who the plaintiff or defendant is. The naming convention can change based on who is appealing the case, meaning the appellant (the party filing the appeal) is listed first. This does not always reflect the original positions of plaintiff or defendant at the trial level.

Question 11

Treaties with foreign nations can be made by only ________ and ratified by ________.
A)the Secretary of State;the President
B)the President;the Senate by a two-thirds vote
C)the Department of Defense;the Senate by a plurality
D)the President;the House of Representatives by a three-fourths vote

Accepted Answer

According to Article II, Section 2 of the US Constitution, the President has the power to make treaties but they must be ratified by the Senate by a two-thirds vote. Therefore, choice B is the correct answer. The other choices are incorrect because they do not reflect the proper constitutional procedures for making and ratifying treaties.

Question 12

Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities.The Securities Exchange Act of 1934 was passed a year later.This law created the Securities and Exchange Commission (SEC)as an independent regulatory entity whose function is to administer the two laws.The SEC has generated rules and regulations to administer these acts.These rules and regulations are
A)statutes.
B)administrative law.
C)executive orders.
D)common law.

Accepted Answer

The rules and regulations generated by the SEC are administrative law, which is the body of law created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out their duties and responsibilities. Statutes are laws passed by Congress, executive orders are directives issued by the President, and common law is the body of law created by court decisions.

Question 13

Which is an example of a statute?
A)President Donald Trump issues an executive order banning the use of federal funds for abortion.
B)A North Dakota judge issues an injunction prohibiting a man from contacting his ex-wife.
C)The Ohio legislature passes a law requiring all bicycle riders to wear a helmet.
D)The Federal Communications Commission instructs all radio stations to refrain from broadcasting "indecent" programming during daylight hours.

Accepted Answer

A statute is a law created by a legislative body, and in this case, the Ohio legislature passed a law requiring all bicycle riders to wear a helmet. The other options are not statutes, as they were not created by a legislative body - they were issued by the executive (A), judicial (B), or administrative (D) branches of government.

Question 14

Contemporary law's principle of collective responsibility,such as all partners being personally responsible for the debts of the partnership,had its roots in the
A)Anglo-Saxon method of ensuring public order through tithing.
B)Anglo-Saxon practice of using "oath helpers."
C)English use of "shire reeves."
D)English system of feudalism.

Accepted Answer

The principle of collective responsibility has its roots in the Anglo-Saxon method of ensuring public order through tithing, where groups of ten households were responsible for each other's behavior and any fines or penalties imposed on any member were shared among the group. This principle was later adopted in English law, where all partners in a partnership are jointly and severally liable for the debts of the partnership.

Question 15

In 1992,the North Carolina Supreme Court ruled in a case entitled Goodman v.Wenco Foods,Inc. ,that when a substance in food causes injury to a consumer of the food,it is not a bar to recovery against the seller that the substance was natural to the food.If,in a 2008 case involving a consumer's injury caused by a fish bone in a bowl of fish chowder,the court followed the decision in Goodman v.Wenco Foods,Inc. ,the court's action in the second case is an example of
A)stare decisis.
B)statutory law.
C)public law.
D)criminal law.

Accepted Answer

The court's action in the second case demonstrates the principle of stare decisis, which means "let the decision stand." This principle requires courts to follow previous decisions made by higher courts in similar cases, which helps ensure consistency and predictability in the law.

Question 16

The doctrine of stare decisis
A)makes the legal process more expensive.
B)is an equitable remedy.
C)makes the law more predictable.
D)is unimportant to the common law.

Accepted Answer

The doctrine of stare decisis means that courts should follow precedent and rulings from higher courts, which makes the law more predictable and consistent. Option A is incorrect because following precedent actually helps to reduce legal costs by providing guidance and avoiding the need to re-litigate issues. Option B is incorrect because the doctrine of stare decisis is not an equitable remedy, but rather a principle of law. Option D is incorrect because the doctrine of stare decisis is central to the common law system.

Question 17

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico.Thoreau felt that there was a higher law than the law of the land.Which theory of jurisprudence was he applying?
A)Legal positivism
B)Natural law
C)Legal realism
D)Common law

Accepted Answer

Thoreau was applying the theory of natural law, which posits that there is a higher moral law that is universal and applies to all human beings, even if it conflicts with the positive law created by governments. Thoreau believed that paying taxes to support an unjust war violated this higher law.

Question 18

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law,but who enforces the law and by what process?
A)Legal positivism
B)Natural law
C)Legal realism
D)Sovereign selection

Accepted Answer

The school of jurisprudence based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process is legal realism. Legal realism emphasizes the importance of understanding how laws are actually enforced, rather than just focusing on the written laws themselves. It recognizes that the interpretation and enforcement of the law are subject to human biases and discretionary decision-making, and that legal outcomes can depend on factors such as the power dynamics between judges, lawyers, and other actors involved in the legal system.

Question 19

The United States Supreme Court has the power to
A)appoint judges to serve on the Supreme Court.
B)void laws passed by Congress.
C)issue executive orders.
D)ratify treaties.

Accepted Answer

The United States Supreme Court has the power to void laws passed by Congress through the process of judicial review. This is one of the fundamental checks and balances built into the American political system, which allows the Supreme Court to ensure that Congress does not overstep its constitutional authority. The Supreme Court does not have the power to appoint judges, issue executive orders, or ratify treaties.

Question 20

The doctrine of precedent requires
A)that the victim testify.
B)that the defendant testify.
C)a 12-member jury of the defendant's peers.
D)judges to base rulings on previous cases.

Accepted Answer

The doctrine of precedent requires judges to base their rulings on previous cases, which have set legal precedents for future cases. This practice helps ensure consistency and predictability in the legal system. The other choices presented (A, B, and C) are not accurate descriptions of the doctrine of precedent.

Quiz 1: Introduction to Law

Which of the following played a role in the creation of the U.S.government by solving the problem of federalism?

The President of the United States

President Nixon issued wage-price controls in an effort to stabilize the economy.This use of executive power was

In the United States,the powers of government are divided between a national,state,and several local governments.What is this type of system called?

Antonio assaulted Mark after the two argued about a parking space.The District Attorney's office prosecuted Antonio on assault charges.Subsequently,Mark filed a lawsuit against Antonio for money damages.Classify each legal action.

When the Food and Drug Administration prohibits a certain drug from being marketed in the United States,this is

Which type of law regulates the rights and duties between parties?

If the title of an appellate court case appears as Jones v.Smith,

Treaties with foreign nations can be made by only and ratified by .

Which is an example of a statute?

Contemporary law's principle of collective responsibility,such as all partners being personally responsible for the debts of the partnership,had its roots in the

The doctrine of stare decisis

Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico.Thoreau felt that there was a higher law than the law of the land.Which theory of jurisprudence was he applying?

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law,but who enforces the law and by what process?

The United States Supreme Court has the power to

The doctrine of precedent requires