Administrative agencies get the power to make law through a process called delegation. |
true |
The government cannot be a party to a civil suit. |
false |
A state homicide statute is both criminal and substantive |
true |
To a legal positivist, morality or rightness is an essential component of any valid law. |
false |
Because the U.S. Constitution says that the president only executes the laws, |
false |
A treaty defeats an inconsistent state constitutional provision in case of clash between them. |
true |
Today, our common law courts tend to take an instrumentalist attitude toward law, viewing it as a flexible tool for accomplishing various social purposes. |
true |
"I’m really in a quandary over Case A. There’s an Indiana statute, passed in 1982, that directly addresses the specific issue in the case, but I’ve found several Indiana Supreme Court cases from the 1960’s and 1970’s. All of those apply a common law rule that is the opposite of the rule stated in the statute. I’ve thought this over carefully, and I’m convinced that the rule contained in the statute makes for horrendous public policy, and that the common law rule is better. Can I decide Case A according to the common law rule?" |
That he is bound by the statute because statutes defeat inconsistent common law court made rules in case of a clash between them. |
The school of jurisprudence known as Legal Realism: |
Defines law as the behavior of those persons and institutions charged with enforcing and applying the law, rather that the law as it appears in written form. |
The common law: |
Is judge-made law that controls if no other type of law applies. |
Which of the following will defeat a federal administrative regulation in case of a clash between them? |
A treaty. federal treaty is deemed to carry more weight/ is given a higher priority than a federal administrative agency regulation. And, remember that treaties can only be made/passed at the federal level |
Which of the following jurisprudential schools would be most likely to say that judge should just follow the law as it’s written, and not worry about anything else? |
Legal Positivism |
In case of a clash between them, which of the following will defeat a federal administrative regulation? |
A federal statuate |
Which of the following is both civil and procedural? |
The rules for presenting evidence at a trial |
This question lists some common statements about law. Which of those statements is most typical of natural law? |
An immoral law isn’t really law. |
Only the federal legislature can enact statutes |
False |
Maryland Country was being sued by a former prisoner who claimed she was sexually harassed, assaulted and battered by the sheriff while being held in the county jail on a drunk and disorderly charge. This is a criminal law suit. |
The answer is false because this would be a civil lawsuit for money damages. |
The legal rights you have termed substantive law and the way you go about enforcing these rights is referred to as procedural law. |
true |
Lacy Peters is suing Jack Smith for the intentional tort of emotional distress. Last year a similar case in this same court defined the requirements of this typical lawsuit. The prior case will have no influence on Lacy’s case. |
false |
Wilfred was hit by Sally, a neighbor, when he went to confront Sally about her car blocking the entrance to his driveway. Wilfred can sue Sally in criminal court. |
The answer is false because this would also be a civil lawsuit for money damages. Also, only the state/government can bring a criminal action; not a private party |
Most administrative agencies such as FCC, INS, IRS, and EPA were created by Congress to oversee the respective legislation created by Congress. In other words, for example, the IRS was created to regulate and administer the Federal Internal Revenue Code enacted by Congress |
true |
Mitchell v. Noring is a contract case decided in 1990. The Anderson v. Holmes case being decided today is similar. The Mitchell case is a precedent. |
true |
Nazi war criminals, those convicted of crimes against humanity by the international tribunal of judges at Nuremberg, were convicted by applying the principles of natural law. |
true |
Common law refers to: |
law that is made when judges decide cases and then follow those decisions in later cases |
The three branches of government in the United States are: |
the executive, legislative, and judicial |
The doctrine of stare decisis: |
is based on English common law tradition. b. literally means "let the decision stand" c. help makes the law predictable d. All of the above Answer: D |
Last year, Tim intentionally ran over Harry’s prize rose bushes. Judge Novack ruled that Tim must pay Harry the fair market value of the rose bushes. Today, in Judge Novack’s court, Jan says that Kristi intentionally destroyed her new apple tree. Judge Novack decides that Jan must pay Kristi the fair market value of the apple tree. This decision is an example of: |
stare decisis and civil law |
All powers not granted to the federal government by the U.S. Constitution are: |
retained by the states |
The legislature of the state of AAA makes a law that makes it a crime to assist someone in committing suicide. This law is called a(n): |
statuate |
The President of the United States has been traveling the world, meeting with heads of foreign nations and has negotiated an agreement with regard to world environment policies. He is back in the U.S. and is asking the Senate to ratify the agreement. This is an example of: |
a treaty, if the Senate ratifies the agreement |
A law that violates the United States Constitution: |
cannot be enforced by any branch of state or federal government |
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 and in part created the Securities and Exchange commission as an independent regulatory entity whose function was to administer these acts, these rules and regulations are referred to as: |
administrative laws |
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? |
Natural Law |
If Henry David Thoreau’s neighbor agreed that war was unjust but paid his taxes any ay because the law required him to pay the tax, then he would be applying the jurisprudence theory of: |
Legal Positivism |
The United States Constitution divided power between the federal and state governments, and then divided federal power among three branches of government. Which of the following best describes this situation? |
The Legislative branch of the government makes statutes. |
The notion of civil disobedience is founded on what principle? |
Natural Law |
Jane was mugged and raped by a man who was waiting by her car, which was parked in the university parking lot. The local police apprehended the mugger. The first trial was initiated by the District Attorney’s office. Jane initiated the second lawsuit for money and damages. Classify each legal action. |
The first case was a criminal case. The second was a civil case |
Civil law regulates: |
rights and duties between persons and businesses in our society. |
Which of the following would be an example of a civil lawsuit? |
Gretta hit Rita in the bar after getting a little too happy during happy hour. Rita is now suing for her injuries. |
Curtis filed a lawsuit against Ulhoff 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 (i.e., remember that this is a "safety valve" motion to dismiss the case so that it does not/ is not allowed to proceed a trial.) in favor of Curtis. Ulhoff has appealed and the Supreme Court of Iowa has "remanded" the case. This means: |
We don’t know who wins yet because the case is being returned to the trial court for additional consideration. |
The Doctrine of stare decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society. |
False |
The largest source of new law is created by court decisions. |
false because Congress (through statutes) and/or administrative agencies (through rules and regulations) are probably the source of the most newly created law. However, remember that courts/ court decisions are/remain darn important because, for example, many times Congress or administrative agencies pass statutes/regulations that have gaps in them, terms that are ambiguous, etc. |
If a statute is clearly worded and not subject to more than one interpretation, a court does not have the power to invalidate it. |
false |
The concept of stare decisis focuses most on: |
Precedent |
Statutory law is to legislative bodies as common law is to: |
judges |
An administrative regulation: |
A |
Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. |
true |
Proponents of natural law believe that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. |
true |
The natural law philosopher assumes that people have created laws because there is no ideal state of being. |
false |
The positivists believe that there can be no higher law than a nation’s positive law — law created by a particular society at a particular point in time. |
true |
The body of rules that evolved in the king’s court, called the curia regis, was the beginning of the common law — law that was common to the entire realm. |
true |
Judges use precedent when deciding a case in common law legal system. |
true |
The doctrine of stare decisis helps makes the law more stable and predictable. |
true |
Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions. |
true |
A court may sometimes depart from a precedent whenever it decides that the precedent is no longer correct in view of changed technology. |
true |
If there is no precedent on which to base a decision, a court may consider legal principles and policies, fairness, social values, public policy, and concepts from the social sciences. |
true |
Which of the following is not true of the "law"? |
C |
The common law began |
as a body of general rules that was applied in the courts throughout england |
The general body of law that evolved from the king’s court (curia regis) after the Norman Conquest of England in 1066. |
is referred to as common law |
In the case of Simmons v. Hart, decided in 1965, a state supreme court held that a minor (i.e., someone under the age of 18) could cancel a contract for the sale of a car. A similar case, Chavez v. Jones, is being decided today by a trial court in the same state. If stare decisis is used to decide the Chavez case |
the court will probably allow the minor to cancel the sale. |
The doctrine of stare decisis |
D |
Which of the following descriptions of stare decisis is false? |
It makes a law less predictable |
If there is no precedent on which a court can base a decision, the court can consider a. legal principles underlying previous court decisions or existing statutes. |
D |
When there is a case with no binding precedent, a court |
a. cannot refuse to decide a case |
A state law that violates the U.S Constitution |
can not be enforced |
Which of the following is not a source of law? |
Rules issued by a chamber of commerce |
Legislation is a synonym for |
a. statutory law |
Which of the following is the highest-ranking (superior) law? |
D |
Civil law is concerned with disputes between |
C. the word "persons" can/does also mean consumers, businesses, etc. |
Which of the following cases would involve private law? |
B |
There is a word that explains why administrative agencies and chief executives have the power to make administrative regulations and executive orders. What is it? |
B. Delegation |
Which of the following types of law is made by legislature? |
Statutes |
Which of the following defeats a federal statute in case of a clash between them? |
D |
Which of the following is both civil and substantive law? |
A |
Legal positivists typically say that: |
B |
Which of the following statements is most typical of legal realists? |
C |
The doctrine of stare decisis: |
D |
Only a state court can refuse to enforce a state statute that, in the court’s view, violates the Constitution. |
F |
Jurisdiction relates to the power of a court to hear and decide a case. |
true |
A long arm statute is a law that permits courts to obtain jurisdiction over non- resident (i.e., out of state) defendants. |
true |
In rem jurisdiction enables a court to exercise jurisdiction over property owned by a defendant. |
true |
In rem jurisdiction refers to the power of a court to enter a personal judgment against a party to the action. |
false |
Only cases involving federal questions (i.e., questions of federal law) can originate in federal courts. |
false |
One basis for federal court jurisdiction over a case is "diversity of citizenship" with more than $75,000 being involved. |
true |
For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated. |
false |
A cause of action based on the Constitution, a treaty, or a federal statute is said to involve a "federal question." |
true |
Appellate courts normally examine the record of the case on appeal and determine whether the trial court committed an error of law. |
true |
An arbitrator’s decision typically is binding on the parties, while a mediator’s decision is not. |
true |
One of the purposes of the pretrial conference is to get the parties to stipulate (i.e. agree) to facts that are not in dispute. |
True. Remember this is the part of the case where the court/judge set the case for trial, address any housekeeping matters that remain in the case, tries to get the parties to agree to narrow the issues and/or facts in dispute in the case, maybe pressures the parties to settle, etc. |
A party who receives a favorable judgment after a trial cannot appeal that judgment. |
false |
With respect to alternative dispute resolution [ADR], the trend is toward the use of ADR as an alternative to civil lawsuits. |
true |
In the mediation process, the mediator proposes, selects, and imposes a solution on the parties. |
false |
A mini-trial is a procedure used by courts to reduce caseloads. |
false it is a form of ADR |
Arbitration decisions may be legally binding. |
true |
In certain instances, an arbitration award may be set aside. |
true |
Increasingly, the courts are requiring that parties attempt to settle their differences through some form of alternative dispute resolution [ADR] before preceding a trial. |
true |
The two primary methods of dispute resolution are [1] litigation and [2] mediation. |
false |
The majority of disputes are resolved by negotiation. |
true |
A trial court is the ONLY court that hears testimony from witnesses, receives evidences, may have a jury, etc. |
true |
The person who files or requests an appeal is called the "appellee" |
false. apppellant |
A motion to dismiss can be filed by one of the parties provided the parties agree on all the facts of the case. |
false |
In a civil case, the plaintiff must prove her case beyond a reasonable doubt. |
false |
Jury instructions are read by the judge to the jury before the attorneys make their closing arguments. |
false. after closing argument |
An appeals court can rule that a trial court’s ultimate ruling/decision was correct even if the trial court made some minor errors during the trial. |
true |
A decision in a case decided in a U.S. district court is final. |
false |
U.S. district courts have appellate jurisdiction in federal matters. |
false |
Decisions in cases decided in U.S. courts of appeal are final. |
false |
The United States Supreme Court can review any decision by any U.S. court of appeal. |
true |
In certain cases, the United States Supreme Court must issue a writ of certiorari. |
false. not "must" it may |
The refusal by the United States Supreme Court to issue a writ of certiorari unless at least four justices approve of it is called the "rule of four." |
true |
An answer can deny, but cannot admit, the statements or allegations set out in a complaint. |
false |
There is no difference between depositions and interrogatories. |
false |
State appellate courts review the trial court record to determine whether the trial court correctly found the facts. |
false |
For federal district court diversity jurisdiction to exist, the amount in controversy must exceed $75,000. |
true |
In rem jurisdiction is based on the fact that property of the defendant is located within the state. |
true |
Interrogatories are a form of discovery requiring a party to submits to the other side/party written answers to written questions submitted to him. |
true |
State court "long-arm" jurisdiction is in personam jurisdiction. |
true |
For a state trial court to have the power to decide a case, it must have been both in |
false, only need one |
In response to the plaintiff’s complaint, the defendant must timely file a pleading called the answer. |
true |
One difference between arbitration and mediation is that an arbitrator’s decision binds the parties, while a mediator’s does not. |
true |
A federal statute can preempt state law only when the statute explicitly says that it preempts state law. |
false |
A court that is without subject matter jurisdiction cannot render a judgment which binds the parties in the case. |
true |
Suppose that P, who lives in State A, wants to sue D, who lives in State B. The only way that P can sue D is to use the federal courts’ diversity jurisdiction. |
false |
The Supreme Court must decide all appeals coming from the federal courts of appeals. |
false |
As a general rule, trial courts decide both questions or law and questions of fact. |
true |
The federal district courts: |
D |
Which of the following motions, if granted by the judge, basically "takes the case away from the jury" and gives a judgment to one party during the trial (i.e., while the trial is still in progress)? |
C |
Which of the following is the pleading that the defendant normally files in response to the plaintiff’s complaint? |
B |
Which of the following will give a state trial court the power to hear a civil case? |
B |
Which of the following is not a recognized method of alternative dispute resolution (ADR)? |
C |
Which of the following normally comes latest in the course of a civil case? |
B |
Potter sues Davis for "aesthetic pollution." The basis for his suit is Davis’s extreme ugliness. Potter’s complaint details Davis’s ugliness in many separate, numbered paragraphs. Potter’s suit, however, does not stand a chance, because no legal rule requires one to pay damages for being ugly and for causing aesthetic dissatisfaction to some other party. Thus, Davis wants to defeat Potter’s case as fact as possible. His best procedural device for doing so is: |
B |
Don is upset about the computer his company purchased from Computers, Inc. Don and the attorney for Computers, Inc. agreed to let Laurie, an expert in computer technology, work with them to help settle the dispute. Laurie discusses the matter with both sides and after a few weeks of shutting back and forth between parties, is successful in helping the parties reach a solution. This is an example of: |
B |
What is a commonly touted (i.e., purported) advantage of alternative dispute resolution as compared to litigation? |
a. ADR is cheaper and faster than a formal lawsuit. b. ADR allows the parties to reach an agreement to their problem that will be mutually satisfactory to both parties. c. ADR takes away the fear of "total defeat" so often present in litigation and allows both sides to work together to reach a mutually agreeable settlement. d. ADR allows a third party, often a non-lawyer, to get involved in the dispute and work to resolve the problem. ALL THE ABOVE |
Which of the following types of ADR is most formal? |
D |
"Jurisdiction" refers to: |
B |
Which of the below statements is correct? |
A |
Tonya slipped and hurt herself in a Mega Toy Store. Mega Toy Store is a nationwide company incorporated in Delaware. It also has stores in every state. Tonya is a resident of Nevada but fell in a Mega Toy Store located in Arizona. Tonya’s medical bills alone were nearly $100,000. If Tonya decides to sue Mega Toy Store: |
she may file her lawsuit in Arizona state court. |
Big Corp. is incorporated under Nevada law and has its principal place of business in Texas. Adam, a resident of Texas, wants to sue Big Corp. relative to a product liability claim. Adam is suing for $1 million. The injury occurred in Texas. |
D |
About how many cases does the United States Supreme Court actually decide to hear in any given year? |
B |
Which of the following discovery technique can only be used against the opposing party (not a witness)? |
D |
A court can enter a summary judgment (i.e., grant a party’s motion for summary judgment) only if: |
both sides agree on the facts surrounding the case but disagree on the appropriate law to be applied. |
A jury trial would not be allowed in: |
The answer is B because all bankruptcy cases are heard in a specialized court |
Roxanne was injured when she fell in a hole while walking across her landlord’s parking lot. She and her lawyer hope they can settle Roxanne’s claim. Which of the following statements is correct about settlements? |
A case can be settled at any time. It can be settled between parties even if the jury has heard all the evidence and is contemplating a decision. |
a civil case, the plaintiff must prove her case by evidence showing she is: |
The answer is ‘A’ because this is the preponderance of the evidence standard. It’s just rephrased/in different words!!] |
John witnessed a terrible car accident. Unfortunately, john has an advanced terminal illness and may not be alive at the time of the trail. The best discovery method to use relative to getting John’s information to a jury is: |
B |
Does a jury hearing a civil case have to reach a unanimous verdict? |
B. In California we require verdicts to be at least 9-3 (we have, usually, 12 member jury panels in civil cases); Note: that in criminal cases, the verdict must be unanimous |
When an appellate court hears a case: |
It will listen to oral arguments of the attorneys and read briefs completed by each attorney |
Immediately after the plaintiff has finished presenting her case to the judge/jury at trial, the defendant may move for a |
A |
Randi lives in Oregon. She was involved in a car accident while in Idaho. The man who hit her car lives in Wyoming and he has never been to Oregon or done business there. Randi wishes to sue the man for negligence (i.e., a claim that arises under state law, not federal law) to recover the $28,000 it cost to repair her car. Of the choices listed below the most appropriate court for her to file her lawsuit in is: |
C |
Your next-door neighbor is a resident of your state. One night, he drives over a portion of your property causing substantial damage to your lawn. You could sue your neighbor in your state court. |
by asking the court to assert in personam jurisdiction over you neighbor. |
For a court to exercise valid authority over a case. |
B |
A long arm statute enables |
D |
To bring a case before the United States Supreme Court, a party asks the court to issue a writ of |
B |
The United States Supreme Court may review a lower court decision that |
D |
In a California court, Smith files a suit against Jones, who lives in New York. The dispute concerns an office building in Los Angeles. In this suit, the California court has |
B |
Mark has lived on a parcel of land for thirty years, believing that he owns it. Now Mary, who is the resident of another state, appears, claiming she owns it. Mark wants a court to decide who owns the land. This could be done based on |
A |
Diversity of citizenship is a basis for |
A |
federal district court has the power to resolve an automobile accident lawsuit if |
C |
A state superior court can hear a case even if it involves |
D |
Under our legal system, it is possible that a particular lawsuit could be heard |
C |
Federal courts have exclusive (i.e. sole) jurisdiction in cases involving |
C |
A state court system can include |
D |
Appellate courts |
A |
Federal cases originate (i.e., start/are filed) in |
B |
The federal court system is composed of |
D |
Which statement is true? |
answer B. A is not right and is a red herring; C is not correct because bankruptcy, tax courts, etc. are "specialized" federal courts. D is not correct because it is not Congress, it’s the President |
Which of the following will not give a state trial court the power to hear a civil case? |
C |
Which of the following is true about alternative dispute resolution (ADR)? |
D |
Which of the following comes latest in the course of a civil case? |
D |
Depositions are |
C |
For federal "diversity" jurisdiction to exist: |
B |
Which of the following comes earliest in the course of a civil case? |
A |
Which of the following basically involves a "mini-trial" or a "trial by affidavit/paper"? |
B |
State trial courts: |
D |
In a civil suit, a plaintiff normally must prove each element of her case: |
B |
P gets a state court civil judgment against D, but does not pay. Which of the following is one of the tools available to P to enforce the judgment against D (assuming D has assets, they can be located, etc.)? |
C |
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