Chapter 1 Flashcards

1
Q

Which of the following is designed in a civil case to make the wronged party whole?

Equitable Relief

Damages

Fine

Jail

A

Damages

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2
Q

Which of the following is generally the first step in interpreting a statute?

Reviewing the statute’s legislative history.

Determining the purpose of the law.

Examining the plain meaning of the words.

Considering the public purpose best served by the law.

A

Examining the plain meaning of the words.

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3
Q

Investigative committee reports, hearings and press announcements make up:

Legislative history

Executive history

Judicial history

Administrative history

A

Legislative History

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4
Q

The freedom of speech granted by the United States Constitution is an example of __________.
procedural law

criminal law

civil law

substantive law

A

substantive law

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5
Q

Rules as to how a trial is conducted are part of procedural law.
True or false?

A

True

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6
Q

According to private law, private persons may:

create legally binding agreements through their power to contract.

make their own rules only after studying practice of similar precedents.

enter into contracts, but the contracts will not be upheld in court.

create their own rules when there is no prior statute.

A

create legally binding agreements through their power to contract.

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7
Q

Generally, a court’s first step in interpreting a statute or other source of law is to look at the plain meaning of the words.
True or False?

A

True

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8
Q

Which of the following lends predictability to decisional law by relying on prior decisions?

Res judicata

Public policy

Ex post facto laws

Stare decisis

A

Stare decisis

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9
Q

Which of the following arises when courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule?

Statutory law

Common law

Executive orders

Judicial review

A

Common Law

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10
Q

State constitutions are equal in force to the U.S. Constitution, and they are superior to law derived from other sources within a state.
True or False?

A

False

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11
Q

If a person carelessly runs a car into yours, that person has committed the:

crime of negligence.

crime of assault.

tort of assault.

tort of negligence.

A

tort of negligence.

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12
Q

Private persons may create legally binding obligations on one another through their power to:

Litigate

Review

Tax

Contract

A

Contract

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13
Q

On which section of the U.S. Constitution would Congress most likely rely in seeking to pass legislation strengthening laws prohibiting discrimination against certain categories of people?

The Commerce Clause

The Anti-Discrimination Clause

The Federalism Clause

The Checks and Balances Clause

A

The Commerce Clause

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14
Q

The first ten Amendments to the United States Constitution are referred to as:

Multiple Choice

The Articles

The Ten Commandments

The Bill of Rights

The Preamble

A

The Bill of Rights

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15
Q

Which of the following delegate powers to administrative agencies to enact binding rules?

The Executive branch of government

The President

The Legislative branch of government

The Judicial branch of government

A

The Legislative branch of government

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16
Q

The __________ is the most widely adopted uniform law.

Multistate Criminal Compact

Interstate Commerce Treaty

Uniform Commercial Code

Uniform Criminal Code

A

Uniform Commercial Code

17
Q

The President may override stare decisis and change a common law rule by enacting a statute.
True or False?

A

False

18
Q

A defendant of a criminal lawsuit may be sentenced to jail.
True or False?

A

True

19
Q

Enactments by cities and counties are referred to as:

Common law

Regulations

Ordinances

Treaties

A

Ordinances

20
Q

Common law arises when:

the government wishes to encourage certain kinds of investments.

constitutional statutes are found to interfere with the freedom of expression.

there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law.

courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule.

A

courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule.