Chapter 1 Flashcards
Which of the following is designed in a civil case to make the wronged party whole?
Equitable Relief
Damages
Fine
Jail
Damages
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.
Examining the plain meaning of the words.
Investigative committee reports, hearings and press announcements make up:
Legislative history
Executive history
Judicial history
Administrative history
Legislative History
The freedom of speech granted by the United States Constitution is an example of __________.
procedural law
criminal law
civil law
substantive law
substantive law
Rules as to how a trial is conducted are part of procedural law.
True or false?
True
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.
create legally binding agreements through their power to contract.
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?
True
Which of the following lends predictability to decisional law by relying on prior decisions?
Res judicata
Public policy
Ex post facto laws
Stare decisis
Stare decisis
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
Common Law
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?
False
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.
tort of negligence.
Private persons may create legally binding obligations on one another through their power to:
Litigate
Review
Tax
Contract
Contract
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
The Commerce Clause
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
The Bill of Rights
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
The Legislative branch of government
The __________ is the most widely adopted uniform law.
Multistate Criminal Compact
Interstate Commerce Treaty
Uniform Commercial Code
Uniform Criminal Code
Uniform Commercial Code
The President may override stare decisis and change a common law rule by enacting a statute.
True or False?
False
A defendant of a criminal lawsuit may be sentenced to jail.
True or False?
True
Enactments by cities and counties are referred to as:
Common law
Regulations
Ordinances
Treaties
Ordinances
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.
courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule.
