CH 1 Test 1 Flashcards
TRUE/FALSE
The pattern of rules that society uses to control the conduct of individuals in their relationships is called law
True
TRUE/FALSE
The law works to cause our society to operate in an inefficient manner.
False
TRUE/FALSE
Law is often defined as the body of principles that courts will enforce.
True
TRUE/FALSE
Jane asserts she has a legal right. Jane is really saying she has an obligation to perform or refrain from performing an act.
False
TRUE/FALSE
Rights always stand alone, without any duties.
False
TRUE/FALSE
Rights guaranteed in the United States Constitution are accompanied by duties.
True
TRUE/FALSE
Court decisions and statutes can take away rights created by the United States Constitution.
False
TRUE/FALSE
One of our most important rights is the right of privacy.
True
TRUE/FALSE
The right to be secure against unreasonable searches and seizures conducted by the police is guaranteed by state statute.
False
TRUE/FALSE
The United States Constitution provides that we have a right to be free from intrusions by others.
True
TRUE/FALSE
The private life of a nonpublic citizen is subject to public scrutiny.
False
TRUE/FALSE
One advantage of our current legal system is that the growth of technology has not created many new laws.
False
TRUE/FALSE
The right of privacy does not apply to intrusions into our privacy by means of new technology.
False
TRUE/FALSE
Several layers of law are enacted at different levels of government to provide the framework for business and personal rights and duties. At the base of this framework of laws is constitutional law.
True
TRUE/FALSE
A constitution is a body of principles that establishes the structure of a government and the relationship of that government to the people who are governed.
True
TRUE/FALSE
Statutes are the only source of law.
False
TRUE/FALSE
Within each state in the United States, only one constitution is in force.
False
TRUE/FALSE
In addition to state legislatures and the United States Congress, all cities, counties, and other governmental subdivisions have some power to adopt ordinances within their sphere of operation.
True
TRUE/FALSE
Both Congress and state legislatures enact statutory law.
True
TRUE/FALSE
Administrative regulations are a type of law.
True
TRUE/FALSE
Administrative regulations generally do not have the force of a statute.
False
TRUE/FALSE
Case law consists of the rules and regulations parties agree to as part of their contractual relationship.
False
TRUE/FALSE
Courts can create law.
True
TRUE/FALSE
When a court decides a new question or problem, the decision is called a precedent.
True
TRUE/FALSE
The group of time-honored rules that courts have used to solve similar problems for decades is called stare decisis.
True
TRUE/FALSE
Time honored rules of the community are called the common law.
True
TRUE/FALSE
Treaties made by the United States are not deemed part of the law.
False
TRUE/FALSE
Uniform State Law generally is not applicable to business.
Falsehttps://www.brainscape.com/decks/4764333/cards/quick_new_card
TRUE/FALSE
Those uniform state laws that have been adopted by individual states were first written by Congress.
False
TRUE/FALSE
Substantive law creates rights and duties.
True
TRUE/FALSE
Civil laws define wrongs against society.
False
TRUE/FALSE
Law may be classified in terms of principles of law and principles of equity.
True
TRUE/FALSE
In the United States today, we generally have one law court and one equity court.
False
Law is:
a. a body of religious principles held by all members of society.
b. a body of principles that society establishes to keep things running smoothly.
c. always the result of case-law decisions.
d. derived solely from the United States Constitution.
b. a body of principles that society establishes to keep things running smoothly.
Law consists of:
a. principles that govern conduct.
b. mere guidelines.
c. arbitrary rules.
d. none of the above.
a. principles that govern conduct.
The law could best be described as:
a. only statutory in nature.
b. only the creation of our courts.
c. a collection of rights.
d. none of the above.
c. a collection of rights.
Our rights flow from:
a. the Constitution.
b. federal statutes.
c. city ordinances.
d. all of the above.
d. all of the above.
A right can exist:
a. by itself.
b. only if created by a court.
c. only if there is a corresponding duty.
d. only under local law.
c. only if there is a corresponding duty.
A right is defined as:
a. an obligation of law imposed to perform an act.
b. a legal capacity to require another party to perform an action.
c. any written promise.
d. none of the above.
b. a legal capacity to require another party to perform an action.
Individual rights guaranteed in the United States Constitution:
a. have no accompanying duties.
b. apply only to a small number of individuals.
c. are subject to state legislative laws.
d. generally have accompanying duties.
d. generally have accompanying duties.
Rights guaranteed in the United States Constitution:
a. cannot be taken away by statutes or court decisions.
b. can be taken away by statutes.
c. can be taken away by court decisions.
d. can be taken away by local ordinances.
a. cannot be taken away by statutes or court decisions.
The right of privacy consists of:
a. the right to be secure against unreasonable searches by the government only.
b. the right to protection against intrusions by others only.
c. both the right to be secure against unreasonable searches by the government and the right to protection against intrusions by others.
d. none of the above.
c. both the right to be secure against unreasonable searches by the government and the right to protection against intrusions by others.
Sheriff Jane desires to search your home. What law requires that the sheriff obtain a search warrant?
a. the Fourth Amendment of the United States
Constitution
b. the Equal Protection Clause
c. state statute
d. local uniform police ordinances
a. the Fourth Amendment of the United States Constitution
The right to privacy applies to protect you from unreasonable searches:
a. to you personally.
b. to your home.
c. to your business.
d. all of the above.
d. all of the above.
Your private life is protected from intrusions by other people by:
a. the Fourth Amendment of the United States Constitution.
b. the Equal Protection Clause.
c. court decisions of the United States Supreme Court.
d. local ordinance.
c. court decisions of the United States Supreme Court.
Interpretations of aspects of the right to privacy are often found in:
a. statutes.
b. customs.
c. societal guidelines.
d. none of the above.
a. statutes.
Technology:
a. has not created situations that require the application of new rules of law.
b. has indeed created situations that require the application of new rules of law.
c. has done away with the right of privacy.
d. has made it easier to identify when one’s privacy has been invaded.
b. has indeed created situations that require the application of new rules of law.
Several layers of law are enacted at different levels of government to provide the framework for business and personal rights and duties. At the base of this framework of laws is:
a. statutory law.
b. case law.
c. constitutional law.
d. all of the above.
c. constitutional law.
Sources of American law include:
a. state constitutions.
b. statutes enacted by state legislatures.
c. court decisions.
d. all of the above.
d. all of the above.
____ is a body of principles that establishes the structure of a government and the relationship of that government to the people.
a. A constitution
b. Statutory law
c. Stare decisis
d. The common law
a. A constitution
Statutory law is created by:
a. Congress.
b. state legislatures.
c. local governments.
d. all of the above.
d. all of the above.
Administrative regulations:
a. are essentially industry advisories.
b. are case-law precedents.
c. generally have the force of statute.
d. are Constitutional principles.
c. generally have the force of statute.
Legal principles expressed for the first time in court decisions are called:
a. statutory law.
b. stare decisis.
c. common law.
d. precedents.
d. precedents.
Statutes which are drafted from Uniform State Laws are often used to regulate:
a. business.
b. foreign countries.
c. criminal behavior.
d. none of the above.
a. business.
Uniform State Laws are used as a basis for laws by which of the following entities?
a. Congress
b. international trade associations
c. state legislatures
d. local governmental entities
c. state legislatures
Substantive law:
a. specifies the steps to follow to enforce legal rights.
b. concerns equitable relief only.
c. creates, defines, and regulates rights and liabilities.
d. draws solely on English legal principles.
c. creates, defines, and regulates rights and liabilities.
Criminal laws:
a. define wrongs against society.
b. define the rights of one person against another.
c. carry damage remedies against the wronged individual.
d. all of the above.
a. define wrongs against society.
______ is a body of law that provides justice when the law does not offer an adequate remedy.
a. Ethics
b. Regulations
c. Equity
d. None of the above.
c. Equity
CASE
Jacob just won the state lottery. Discuss his right to privacy.
Within the context of the Fourth Amendment, Jacob continues to be protected to the same extent he was prior to winning. Regarding his right to be protected from intrusions by others, however, he most likely will have to give up some privacy rights because of his good fortune; that is, although he remains a private citizen, he will not have quite the same degree of privacy protection in this arena as he had before winning the lottery.
CASE
A new state law mandates that all employers must prohibit smoking on employer premises. The law further provides that any employer who allows an employee or a client/ customer to smoke on its premises is subject to a court order requiring the employer to enforce the law. Describe this statute in terms of all possible classification methods.
The law is substantive because it defines rights and liabilities of business owners. The law is also equitable, based on the remedy of specific performance, since it subjects the employer to a court order requiring the employer to actually do something; i.e., forbid smoking on its premises.
administrative regulations
rules made by state and federal administrative agencies.
case law
law that includes principles that are expressed for the first time in court decisions.
civil law
the law that defines the rights of one person against another.
common law
the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts.
constitution
a body of principles that establishes the structure of a government and the relationship of the government to the people who are governed.
criminal law
the law that defines wrongs against society.
duty
an obligation of law imposed on a person to perform or refrain from performing a certain act.
equity
the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England.
law
the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them.
precedent
a decision of a court that stands as the law for a particular problem in the future.
private law
the rules and regulations parties agree to as part of their contractual relationships.
procedural law
the law that must be followed in enforcing rights and liabilities.
right of privacy
the right to be free from unreasonable intrusion by others.
right
legal capacity to require another person to perform or refrain from an action.
stare decisis
“let the decision stand”; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future.
statutory law
legislative acts declaring, commanding, or prohibiting something.
substantive law
the law that defines rights and liabilities.
