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Ch 1 Law exam. Name: Class: Date: True/False Indicate whether the statement is true or false.

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Ch 1 Law exam

True/False

Indicate whether the statement is true or false.

____ 1. Our law codes today are similar to those of civilizations thousands of years old. ____ 2. A group of laws put together in an organized form is called a statute.

____ 3. The Supreme Court of the United States is the final interpreter of the federal Constitution. ____ 4. The world's two great systems of law are the English common law and the Napoleonic Code. ____ 5. Intrastate commerce is commerce between two or more states.

____ 6. Administrative agencies are usually controlled by the judicial branch of the government. ____ 7. The Uniform Commercial Code (UCC) is a federal statute.

____ 8. The system of law in the United States is based on the English common law.

____ 9. The doctrine of stare decisis requires lower courts to follow established case law in deciding similar cases. ____ 10. In the United States today, law courts and equity courts generally are merged.

Multiple Choice

Identify the choice that best completes the statement or answers the question.

____ 11. The power to decide a case is termed

a. fiat. c. sanction.

b. the long arm of the law. d. jurisdiction.

____ 12. When Dorothea moved into her community and wanted to start a home-based business, the city required her to purchase a $20 permit and to register her business name with the local county government. This situation is an example of a(n)

a. ordinance. c. administrative law.

b. constitutional law. d. criminal law. ____ 13. Which type of law allows for flexibility within a legal system?

a. jurisdictional law c. positive law

b. common law d. sovereign law

____ 14. Governing rules and regulations passed by a city council or county government are referred to as

a. statutes. c. case law.

b. ordinances. d. promulgations.

____ 15. Which of the following is true regarding federal case law? a. created by legislature

b. created after a trial has ended and one of the parties appeals case to a higher court c. created by the judicial branch

d. both b and c

____ 16. In order to provide stability to a legal system, courts use prior cases as a guide for deciding similar new cases. These prior cases are known as

a. precedents c. jurisdiction.

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Name: ________________________ ID: A

____ 17. At what level are laws created in the United States?

a. federal government c. local government b. state government d. all of these

____ 18. Meryle Ann's mother recently died and, unfortunately, did not leave any type of will for her estate. In order to properly divide her mother's estate among her and her brothers, Meryle Ann will hire a lawyer to handle this case. In which specialty area should she seek to find a lawyer?

a. criminal law c. civil law

b. statutory law d. case law

____ 19. Raye and Yasmin own and operate a trucking company in which they transport goods and supplies from their home state to 43 other states in the United States. Who has the power to provide regulations that Raye and Yasmin must follow in their type of commerce?

a. federal government c. local government b. state government d. both a and b

____ 20. The division of powers between people and their governments protecting U.S. citizens from government actions is set forth in the

a. U.S. Constitution. b. Bill of Rights.

c. first ten amendments of the U.S. Constitution. d. both b and c.

____ 21. The courts of equity were created to handle cases that the ____ courts could not.

a. jurisdictional c. common law

b. property d. appellate

____ 22. The document that sets forth the framework of a government and its relationship to the people it governs is a. the Bill of Rights. c. a constitution.

b. an ordinance. d. the Uniform Commercial Code. ____ 23. If a state constitution and the U.S. Constitution conflict, which prevails?

a. the U.S. Constitution b. the state constitution

c. neither prevails—the matter is referred to Congress d. neither prevails—the matter is referred to the President ____ 24. The third stage in the growth of law is

a. personal revenge.

b. substitution of damages for revenge.

c. leader or central authority gives power to a system of courts. d. leader or central authority sets down a constitution.

____ 25. Which of these is based on the current standards or customs of the people?

a. civil law c. codes

b. positive law d. common law

____ 26. Which state has its legal system based on the Roman civil law format of organized, comprehensive sets of statutes in code form?

a. Missouri c. Florida

b. California d. Louisiana

____ 27. The panel of citizens chosen to help interpret a region’s customs for a court is referred to today as a(n)

a. jury. c. factual panel.

b. agency. d. court.

____ 28. An open, peaceful violation of a law to protest its alleged, or supposed, injustice is referred to as a. political protest. c. civil disobedience.

(3)

____ 29. Laws made by administrative agencies are often called

a. ordinances. c. standards.

b. rules and regulations. d. guidelines.

____ 30. Which of these terms describes using prior cases as a guide for deciding similar new cases?

a. injunction c. precedent

b. code d. jurisdiction

____ 31. The subject area of business law would include which of the following topics?

a. commercial torts c. criminal conspiracies to fix prices

b. contracts d. all of the above

Completion

Complete each statement.

32. In order to produce stability in a society, its laws should have two qualities: ____________________ and ____________________.

33. Marcos is completing his criminal justice degree at a local university hoping to become a law enforcement officer. In addition to his degree he will complete an officer training program in his city. He will learn when and how police officers can make arrests as well as the methods used in trials. Marcos will study

____________________ law to understand the steps involved in making arrests. 34. Because it is a higher, appellate court, the Supreme Court is not bound to follow the

_________________________ regarding case law in deciding similar cases.

35. Trevor's driver's license expires on his birthday next month. Law requires that on or before his birthday he must contact his state's motor vehicle division to apply and pay for a renewal. The motor vehicle division is an example of a(n) ____________________.

36. Many state legislatures throughout the country established laws regarding emission control systems on motor vehicles. Drivers within these states have two years to comply with this new law. These emission control laws are examples of ____________________.

37. A(n) ____________________ is an insurance policy that pays the employer money in case of unethical conduct such as theft by employees.

38. When a law is invalid because it conflicts with either the federal or a state's constitution, it is said to be ____________________.

39. Esteban and Ana own a two-story home with a swimming pool in the backyard. Last weekend, they invited their neighbors to their home for a "springtime pool party" in their backyard. During this party, their neighbor, Cliff, slipped over a garden hose resulting in a broken ankle and head wound requiring several stitches. Cliff decides to sue Esteban and Ana to pay for the medical expenses. ____________________ law applies giving Cliff the right to sue Esteban and Ana.

40. Yoko obtained a secured loan from a local finance company. In finalizing the loan documents, Yoko agreed that should she default on the loan, the finance company could seize several items of her personal property to resell to pay off the balance of the loan. The law protecting the finance company from loan defaults is part of a body of widely adopted business laws known as the ______________________________.

41. The law defines burglary as "entering a building without permission when intending to commit a crime." ____________________ law defines burglary and other offenses such as murder, breach of contract, and negligence.

(4)

Name: ________________________ ID: A

Essay

42. Describe the four stages in the evolution of a society’s legal system. 43. Explain when civil disobedience is ethical.

44. Explain what is meant by the doctrine of stare decisis.

45. What is the difference between substantive law and procedural law?

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Ch 1 Law exam

Answer Section

TRUE/FALSE 1. ANS: T PTS: 1 2. ANS: F . PTS: 1 3. ANS: T PTS: 1 4. ANS: F PTS: 1 5. ANS: F PTS: 1 6. ANS: F PTS: 1 7. ANS: F PTS: 1 8. ANS: T PTS: 1 9. ANS: T PTS: 1 10. ANS: T PTS: 1 MULTIPLE CHOICE 11. ANS: D PTS: 1 12. ANS: A PTS: 1 13. ANS: B PTS: 1 14. ANS: B PTS: 1 15. ANS: D PTS: 1 16. ANS: A PTS: 1 17. ANS: D PTS: 1 18. ANS: C PTS: 1 19. ANS: A PTS: 1 20. ANS: D PTS: 1 21. ANS: C PTS: 1 22. ANS: C PTS: 1 23. ANS: A PTS: 1 24. ANS: C PTS: 1 25. ANS: D PTS: 1 26. ANS: D PTS: 1 27. ANS: A PTS: 1 28. ANS: C PTS: 1 29. ANS: B PTS: 1 30. ANS: C PTS: 1 31. ANS: D PTS: 1

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ID: A

COMPLETION

32. ANS: flexibility, predictability PTS: 1

33. ANS: procedural law PTS: 1

34. ANS: doctrine of stare decisis

PTS: 1

35. ANS: administrative agency PTS: 1

36. ANS: statutes PTS: 1

37. ANS: fidelity bond PTS: 1

38. ANS: unconstitutional PTS: 1

39. ANS: Civil PTS: 1

40. ANS: Uniform Commercial Code (UCC) PTS: 1

41. ANS: Substantive PTS: 1

ESSAY

42. ANS:

Chaos caused by individuals taking bloody personal revenge (first stage) for wrongs causes a powerful leader (or other form of central authority) to force the substitution of damages for revenge (second stage). Because of the need for the adjudication of such issues among the common people, the leader or authority gives power to a system of courts (third stage). Rather than be content with adjudicating wrongs, the lead or authority creates a true legal system that sets down laws to define, prevent, and punish wrongs (fourth stage). PTS: 1

(7)

43. ANS:

Civil disobedience is ethical when a written law is in conflict with ethical reasoning and no effective political methods are available to change it. A nonviolent, non-self-serving public protest that breaks the law with the goal of changing it and is participated in by individuals who are willing to accept the punishment for violating it is ethical.

PTS: 1

44. ANS:

Stare decisis is Latin for “let the decision stand” and reflects a principle that generally established case law should be utilized in deciding cases similar to those in which the case law was formulated.

PTS: 1

45. ANS:

Substantive law defines the rights and duties that comprise a code of conduct for citizens in our society. Procedural law is comprised of the rules and regulations that detail how that code of conduct is to be enforced.

PTS: 1

46. ANS:

Rule-based ethical reasoning judges conduct as right or wrong regardless of the consequences.

Consequences-based ethical reasoning judges acts as right or wrong depending on the results being good or bad for the greatest number affected.

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ID: A

Ch 1 Law exam [Answer Strip]

_____ 1.T _____ 2.F _____ 3.T _____ 4.F _____ 5.F _____ 6.F _____ 7.F _____ 8.T _____ 9.T _____ 10.T _____ 11.D _____ 12.A _____ 13.B _____ 14.B _____ 15.D _____ 16.A _____ 17.D _____ 18.C _____ 19.A _____ 20.D _____ 21.C _____ 22.C _____ 23.A _____ 24.C _____ 25.D _____ 26.D _____ 27.A _____ 28.C _____ 29.B _____ 30.C _____ 31.D

References

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