Quiz #1 Chapters 1-3 Flashcards
“Law” does not
govern relationships among individuals
To Pete, the written law of a particular society at a particular time is most significant. Pete is:
a legal positivist.
Inferior company sells products that are poorly made. Jack, who has never bought an inferior product, files a suit against Inferior, alleging that its products are defective. The firm’s best ground for a dismissal of the suit is that Jack does not have:
standing
Leo, a resident of Missouri, owns a warehouse in Nebraska. A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Opal files a suit against Leo in Nebraska. Regarding the suit, Nebraska has:
in rem jurisdiction
Much of American law is based on the ___________________ legal system.
English
Wisconsin, like other states, may regulate private activities to protect or promote the public order, health, general welfare and safety under its
police power
The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that
each branch of government may exercise the authority of other branches.
Consumer Products, Inc., distributes it’s merchandise on an interstate basis to local stores. Under the commerce clause, Congress has the power to regulate
only commercial activities that are in interstate commerce.
Under the U.S. Constitution, the legislative branch of the government:
makes the laws
In a suit against Charles, Diana obtains the cancellation of their contract, which is:
a rescission.
Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion’s principles. The first amendment guarantees Mike’s freedom of:
religion, speech, and the press.
The First Ten Amendment(s) of the U.S. Constitution are called:
The Bill of Rights
The best definition of a precedent is:
a court decision that furnished an example or authority for deciding subsequent cases involving identical or similar facts
Cyberspace has:
no jurisdiction
The First Amendment protects Gail and other individuals who engage in speech that harms other’s good reputations:
none of the time.
The law establishes rights, duties and privileges that are consistent with the values of society.
True
Law is a body of enforceable rules governing relationships among individuals and between individuals in their society.
True
The natural law philosopher believes that the law should reflect universal moral and ethical principles that are part of human nature.
True
The U.S. Constitution contains more words than an average State Constitution.
False
A federal law that conflicts with the U.S. constitution will be deemed unconstitutional.
True
Each state has its own constitution.
True
A court may depart from a precedent if the court decides that the precedent should know longer be followed.
True
Equity is a branch of unwritten law that seeks to award damages in most cases.
False
Under the commerce clause, a state may charge a higher tax on out of state products shipped to in-state locations.
False
