Law: SB #1 Flashcards
What is stare decisis?
the requirement that courts be consistent in making present decisions conform to the rulings in earlier decisions the power of the U.S. Supreme Court to overrule any legal action that is not constitutional the requirement that every decision must have a precedent
a
the requirement that courts be consistent in making present decisions conform to the rulings in earlier decisions
The case of City of Piggott v. Eblen dealt with a conflict between laws. Which laws were conflicting?
an ordinance and a state constitution a state constitution and a statute a statute and an ordinance
The conflict was between a city ordinance prohibiting pinball machines and a state statute allowing pinball machines.
This question focuses on the case of Loving v. U.S. The question in that case is whether the Congress or the president has the exclusive power to regulate the armed forces or whether that power is shared. Which of the following is correct?
Congress has the exclusive power to regulate the armed forces. The power to regulate the armed forces is a shared power. The president has the exclusive power to regulate the armed forces.
b
The president has the power to regulate the armed forces on a particular issue unless Congress overrides him. The power to regulate the armed forces is a shared power.
Ricky ignores a stop sign and drives his car into an intersection located in the city of Utopia. He hits and injures a pedestrian named Kate. Which of the following is the most correct answer?
The city may prosecute Ricky, and Kate may sue him for damages. Kate may sue Ricky for damages, but if that occurs, the city may not prosecute Kate. The city may prosecute Ricky, but if that occurs, he cannot be sued by Kate for damages.
a
The city may prosecute Ricky, and Kate may sue him for damages.
One of the most famous documents in English legal history is the Magna Carta, signed by King John in 1215 at Runnymede in Southern England. Which of the following is true?
Magna Charta is binding and enforceable in U.S. law. Magna Charta is not always binding and enforceable in U.S. law.
b
English legal principles are used in the United States on a pick-and-choose basis. That is, courts in the United States are free to use English legal principles if they choose, but it is not required. English legal principles are not binding and enforceable in the United States.
Suppose that the provision of a state constitution conflicted with the provisions of the U.S. constitution. What would happen?
Under the Supremacy Clause of the U.S. Constitution, the provisions of the U.S. Constitution would stand, except when those provisions conflict with a state constitution. Under the Supremacy Clause of the U.S. Constitution, the provisions of the U.S. Constitution would prevail.
b
The Supremacy Clause explains, “This Constitution . . . shall be the supreme Law of the land . . . any Thing in the constitution or Laws of any State to the Contrary notwithstanding.”
Which of the following is the most correct?
Crimes and contracts are divisions of civil law. Contracts and torts are divisions of civil law. Crimes and torts are divisions of civil law.
b
Note the Law Classified table in the lesson; contracts and torts are civil law. Crimes are not classified as civil law
At the beginning of the lesson, it is stated that “law may be defined as a rule or requirement made and enforced by government.” Which governmental bodies can make law?
legislative bodies judges regulatory agencies all of these options
d
Legislative bodies, judges, and regulatory agencies all make law.
9. Place the following in their general order of importance, from greatest to least: I. regulations II. cases III. constitution IV. statutes
II, III, IV and I III, IV, I and II IV, I, II and III II, III, IV and I
b
The following is the general order of importance: III, constitution; IV, statutes; I, regulations; and II, cases.
Which of the following is correct?
Statutes are found in codes and case opinions in reporters. Case opinions are found in codes and statutes are found in reporters.
a
Statutes are found in codes and case opinions are found in reporters.