exam 1 Flashcards
which part of the government creates statutory law ?
voters
courts
executive
legislative
legislative
the florida legislature passed a law prohibiting masks in public buildings what type of law is this ?
ordinance
state statute
executive order
federal statute
state statute
which of the following is a uniform statutory law prepared by the national conference of commissioners on uniform state law?
uniform commercial code
us constitution
federal register
uniform federal code
uniform commercial code
the national conference of commissioners on uniform state law drafted the uniform commercial code (UCC) the UCC is adopted by?
the federal government
cities
states
the executive
states
the president of the united states want to eliminate wasterful spending the president creates a law prohibting federal agencies from purchasing paper clips what type of law may the president independently create?
ordinance
state statute
executive order
federal statute
executive order
the EPA enforces regulations related to the environment which part of the government creates regulations ?
the executive
us constitution
administrative agencies
city councils
administrative agencies
OSHA regulates workplace safety OSHA created a law requiring hospitals to protect its workforce against covid 19 which type of law is this?
consitutional
common law
ordinance
regulation
regulation
a system of law that developed primarily on legal precedent is known as?
sharia law
civil law
common law
statutory law
consitutional law
common law
the common law system relies on which of the following?
written codes or statutes
rule 11
stare decisis
constitutional law
administrative regulations
stare decisis
the doctrine of stare decisis is most closely associated with?
statutes passed by congress
crinimal law
executive orders issued by the president of the US
religious law
common law
religious law
in 1803 the us supreme court decided the landmark case of marbury v madison this case established the legal precednet that the final interpretation of the us constitution is within the authority of?
congress
the attorney general
the secretary of state
the president
the us supreme court
the us supreme court
fictitious fact pattern the Massachusetts legislature creates a statute making it a criminal offense to disparage tom brad or bill Belichick which branch of government has the power to decide whether the Massachusetts statue is constitutional?
A.no part of government may determine that a statute is unconstitutional
B.the us department of justice because the agency’s enabling statute grants judicial review powers
C.the us president becuase the executive has power to enforce or deny laws under the constitution
D. the us congress because the supremacy clause gives the federal legislature power over state legislature
E. the judiciary because of the power of judical review as established in marbury v madison
the judiciary because of the power of the judicial review as established in marbury v madison
what important rule o flaw was first announced in the famous us supreme court case of marbury v madison?
courts have the power of judicial review
if a federal statute conflicts with the constitution the statute controls
the congress has the power to amend the constitution provided there is a 2/3 vote by both house or congress
if a state statute conflicts with the constitution the statute controls under the doctrine of state action
the congress can overrule a decision of the us supreme court by a 2/3 vote by both houses of congress
courts have the power of judicial review
which of the following best decsribes the doctrine of judicial review?
the right of congress to approve nnominations of fedral judges
the right of the judicial branch to determine whether the actions of the others branches of government are constitutional
the right of the executive branch to overrule the decisions of the supreme court
the right of the individual states operating through their judicial system to determine whether or not federal laws are enforceable in their state
the power of state court to overturn decisions of federal courts which are deemed to be in violation of states rights
the right of the executive branch to overrule the decisions of the supreme court
the doctrine of judicial review refers primarily to which of the following?
A.congress has the power to review constitutional interpretations made by courts
B.the president has the power to review constitutional interstation made by
C.the courts have the power to review governmental actions to determine whether they violate the constitution
D.the decisions of the state supreme courts on matters of state law are subservient to the federal courts
the courts
the courts have the power to review governmental actions to determine whether they violate the constitution
walmart sues a vendor for breaching a contract which of the following is correct?
walmart is the defendant
the vendor is the plaintiff
walmart is the plaintiff
walmart is the appellant
walmart is the plaintiff
you love the target dog so much that you incorporate it into yor website. if target sues you for trademark infringement which of the following is correct?
you are the plaintiff
you are the appellant
you are the defendant
target is the prosecutor
you are the defendant
the principle of federalism is most closely associated with?
the incorporation doctrine
the doctrine that the us constitution is superior to all state laws
the separation of powers between the legislative executive and judicial branches
the allocation of powers between the federal and state government
the doctrine of state action
the doctrine of state action
the principle hat all powers not delegated to the federal government in the us constitution are reserved to the states or the people come from the?
federal laws
10th amendment
judicial review
legislature
the doctrine of state action
10th amendment
the origin of the common law system is based primarily on which of the following?
rules of law developed by british merchants
statutory law passed by the british parliament
written decisions of british judges
legal doctrines primarily established by the napoleonic code
the united states constitution written in 1776
written decisions of british judges
you have been involved in a car accident and sustained damages you have hired an attorney to bring a lawsuit against the driver of the other car in order to win your case the attorney would have to prove that the other driver was responsible for your damages by what standard of proof?
by a reasonable doubt
by a preponderance of the evidence
by a minimal amount of evidence
beyond a reasonable doubt
beyond a shadow of doubt
by a preponderance of the evidence
you are serving on a jury which is hearing a lawsuit filed by a plaintiff who is alleging that a defendants negligent driving caused the plaintiff serious bodily harm after hearing the case you determine that it is more likely that not that the plaintiff has proven his allegation that the defendants negligence caused the plaintiff harm however you are not sure of this beyond a reasonable doubt what should you as a juror in this situation?
vote in favor of the defendant
vote in favor of the plaintiff
vote to have the trial judge declare a mistrial
vote to have the trial judge decide the case
vote to have an appellate court decide the case
vote in favor of the plaintiff
the doctrine of burden of proof is an important part of the us law which of the following is correct regarding this doctrine?
1. in a civil case the plaintiff has the burden of proof
2. in a criminal case the defendant has the burden of proof
3. in a civil case the standard burden of proof is by a preponderance of the evidence
1 only
2 only
3 only
1 and 2 only
1 and 3 only
1 and 3 only
a jury voted that a defendant was not guilty which of the following is correct?
the jury was convinced beyond a preponderance of the evidence that the defendant did not steal the car
the jury was convinced beyond a reasonable doubt that the defendant did not steal the car
the plaintiff in the case is seeking damages from the defendant
the prosecuting attorney failed to prove its case beyond a reasonable doubt
the case ended in a mistrial
the prosecuting attorney failed to prove its case beyond a reasonable doubt
