Question 1

Which of the following is not ordinarily a part of a reported opinion?
A)The essential facts.
B)The names of the attorneys representing the parties.
C)What pleadings are material to the issues.
D)The application of legal principles involved in the case.

Accepted Answer

The names of the attorneys representing the parties are not essential to the content of a reported opinion. While they may be listed in some cases, they are not typically considered a necessary component. The essential facts, material pleadings, and application of legal principles are all important parts of a reported opinion.

Question 2

You have just been asked to serve as a host for a visitor from France who is very interested in the American legal system and the formation of law in the United States.How would you explain the system of law in this country to your guest?

Accepted Answer

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Question 3

Explain how the terms civil law and civil law system differ.

Accepted Answer

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Question 4

What is law? Discuss the various definitions of law by legal scholars.What is the relationship between law and morality and between law and justice?

Accepted Answer

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Question 5

Compare and contrast civil and criminal law.Include in your discussion definitions,how the cases are commenced,the purposes of civil and criminal law,the burdens of proof,and principal sanctions.

Accepted Answer

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Question 6

Which of the following is correct regarding the English courts of equity?
A)They were presided over by a chancellor.
B)They could only award money damages.
C)They would issue a decree ordering a defendant to do or to refrain from a specific act.
D)Both (a) and (c) are correct.

Accepted Answer

The English courts of equity were presided over by a chancellor and had the power to issue a decree ordering a defendant to do or refrain from a specific act, in addition to being able to award money damages.

Question 7

In the common law system of the United States,the reported opinion in a case provides what specific information that can be used to understand and apply legal analysis?

Accepted Answer

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Question 8

The doctrine of stare decisis means that:
A)the common law has not been able to evolve in a stable and predictable manner.
B)decisions can be overruled.
C)courts adhere to and rely on rules of law that they or superior courts relied on in similar decisions.
D)courts are not allowed to correct erroneous decisions or to choose among conflicting precedents.

Accepted Answer

Stare decisis means "to stand by things decided" and is a legal principle that requires courts to adhere to and rely on rulings from prior cases that involved similar facts and legal issues. This promotes consistency, predictability, and stability in the law. However, this does not mean that decisions cannot be overruled if they are found to be incorrect or outdated.

Question 9

What are the various kinds or sources of American law? Discuss how these various types of law interrelate to form the system of law in the United States.

Accepted Answer

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Question 10

Which of the following is correct regarding the decisions of state trial courts?
A)They are generally not reported.
B)They are reported in regional reports.
C)They are reported in state court reports.
D)They are binding upon lower courts based upon the principle of stare decisis.

Accepted Answer

State trial court decisions are generally not reported, unlike appellate court decisions which are often published in state or regional reporters. Trial court decisions do not typically set precedent in the same way that higher court decisions do.

Question 11

Characteristics of a common law system include which of the following?
A)A common law system relies heavily on comprehensive legislative enactments and an inquisitorial system of determining disputes.
B)In a common law system, the judiciary initiates litigation, investigates pertinent facts, and conducts the presentation of evidence.
C)The common law system prevails in most of Europe and Scotland.
D)A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.

Accepted Answer

A common law system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes. Comprehensive legislative enactments are not as relied upon in common law systems, and an inquisitorial system (in which the judge takes an active role in investigation and questioning) is not as common as the adversarial system. While common law does prevail in some European countries and Scotland, it is most commonly associated with the United Kingdom and its former colonies.

Question 12

A decision of an appeals court in Minnesota would be recorded in the:
A)state's statutory code.
B)Minnesota administrative code.
C)North Western regional reporter.
D)Federal Supplement.

Accepted Answer

The North Western regional reporter covers decisions from Minnesota state courts, including appeals court decisions. Options A, B, and D are not applicable for recording and publishing decisions of state appeals courts in Minnesota.

Question 13

The __________ is composed of a distinguished group of lawyers,judges,and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States."
A)New York City Bar
B)American Law Institute
C)National Conference of Commissioners on Uniform State Laws
D)National Reporter System

Accepted Answer

The American Law Institute is the organization composed of a distinguished group of lawyers, judges, and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States." The other options do not fit this description.

Question 14

The category of law that creates,defines,and regulates legal rights and obligations is known as:
A)substantive law.
B)procedural law.
C)Constitutional law.
D)criminal law.

Accepted Answer

Substantive law deals with the substance of the law, creating, defining, and regulating legal rights and obligations. It is different from procedural law which outlines the steps to be taken in legal proceedings. Constitutional law deals with the structure and function of government, while criminal law deals with crimes and their enforcement.

Question 15

What is stare decisis? Discuss its role in the American legal system.

Accepted Answer

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Question 16

The party who files an appeal is the:
A)plaintiff.
B)appellant.
C)appellee.
D)defendant.

Accepted Answer

The party who files an appeal is called the appellant, as they are the one initiating the appeal and seeking to have the decision of the lower court reviewed or overturned. The plaintiff and defendant are typically the parties in the original case or trial, while the appellee is the party who is responding to the appeal and defending the lower court's decision.

Question 17

Identify three essential functions of law.

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Question 18

Which of the following is correct with regard to treaties in the United States legal system?
A)They have no legal effect.
B)Under the U.S. Constitution, they must be signed by the President and approved by the U.S. Senate.
C)They have no effect on business law.
D)They must be approved by the states before they have the force of law.

Accepted Answer

Under the U.S. Constitution, treaties must be signed by the President and approved by the U.S. Senate in order to be valid and have the force of law.

Quiz 1: Introduction to Law

Which of the following is not ordinarily a part of a reported opinion?

You have just been asked to serve as a host for a visitor from France who is very interested in the American legal system and the formation of law in the United States.How would you explain the system of law in this country to your guest?

Explain how the terms civil law and civil law system differ.

What is law? Discuss the various definitions of law by legal scholars.What is the relationship between law and morality and between law and justice?

Compare and contrast civil and criminal law.Include in your discussion definitions,how the cases are commenced,the purposes of civil and criminal law,the burdens of proof,and principal sanctions.

Which of the following is correct regarding the English courts of equity?

In the common law system of the United States,the reported opinion in a case provides what specific information that can be used to understand and apply legal analysis?

The doctrine of stare decisis means that:

What are the various kinds or sources of American law? Discuss how these various types of law interrelate to form the system of law in the United States.

Which of the following is correct regarding the decisions of state trial courts?

Characteristics of a common law system include which of the following?

A decision of an appeals court in Minnesota would be recorded in the:

The __________ is composed of a distinguished group of lawyers,judges,and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States."

The category of law that creates,defines,and regulates legal rights and obligations is known as:

What is stare decisis? Discuss its role in the American legal system.

The party who files an appeal is the:

Identify three essential functions of law.

Which of the following is correct with regard to treaties in the United States legal system?