Quiz #1 Chapters 1-3

Question 1

“Law” does not

Answer 1

govern relationships among individuals

Question 2

To Pete, the written law of a particular society at a particular time is most significant. Pete is:

Answer 2

a legal positivist.

Question 3

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:

Answer 3

standing

Question 4

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:

Answer 4

in rem jurisdiction

Question 5

Much of American law is based on the ___________________ legal system.

Answer 5

English

Question 6

Wisconsin, like other states, may regulate private activities to protect or promote the public order, health, general welfare and safety under its

Answer 6

police power

Question 7

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

Answer 7

each branch of government may exercise the authority of other branches.

Question 8

Consumer Products, Inc., distributes it’s merchandise on an interstate basis to local stores. Under the commerce clause, Congress has the power to regulate

Answer 8

only commercial activities that are in interstate commerce.

Question 9

Under the U.S. Constitution, the legislative branch of the government:

Answer 9

makes the laws

Question 10

In a suit against Charles, Diana obtains the cancellation of their contract, which is:

Answer 10

a rescission.

Question 11

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:

Answer 11

religion, speech, and the press.

Question 12

The First Ten Amendment(s) of the U.S. Constitution are called:

Answer 12

The Bill of Rights

Question 13

The best definition of a precedent is:

Answer 13

a court decision that furnished an example or authority for deciding subsequent cases involving identical or similar facts

Question 14

Cyberspace has:

Answer 14

no jurisdiction

Question 15

The First Amendment protects Gail and other individuals who engage in speech that harms other’s good reputations:

Answer 15

none of the time.

Question 16

The law establishes rights, duties and privileges that are consistent with the values of society.

Answer 16

True

Question 17

Law is a body of enforceable rules governing relationships among individuals and between individuals in their society.

Answer 17

True

Question 18

The natural law philosopher believes that the law should reflect universal moral and ethical principles that are part of human nature.

Answer 18

True

Question 19

The U.S. Constitution contains more words than an average State Constitution.

Answer 19

False

Question 20

A federal law that conflicts with the U.S. constitution will be deemed unconstitutional.

Answer 20

True

Question 21

Each state has its own constitution.

Answer 21

True

Question 22

A court may depart from a precedent if the court decides that the precedent should know longer be followed.

Answer 22

True

Question 23

Equity is a branch of unwritten law that seeks to award damages in most cases.

Answer 23

False

Question 24

Under the commerce clause, a state may charge a higher tax on out of state products shipped to in-state locations.

Answer 24

False

Question 25

The supremacy clause of the Constitution provides that a state law is invalid when it directly conflicts with a federal law.

Answer 25

True

Question 26

Local governments, including cities can exercise police powers.

Answer 26

True

Question 27

A federal law that promotes religion is not unconstitutional.

Answer 27

False

Question 28

The first amendment requires a total and complete separation of church and state.

Answer 28

True

Question 29

Under the first amendment ones right to free exercise of religion is not absolute.

Answer 29

False

Question 30

What are the first 10 amendments in the US Constitution called?

Answer 30

Bill of rights

Question 31

How many words are in the US Constitution?

Answer 31

Approximately 7000

Question 32

What does the first amendment protect?

Answer 32

Speech, religion, the press

Question 33

What amendments or amendment guarantee you a right to a jury trial?

Answer 33

6 and 7

Question 34

What amendment or amendments guarantee you right of due process?

Answer 34

5 and 14

Question 35

What amendment or amendments prevents or prohibits indentured servitude?

Answer 35

13

Question 36

What amendment or amendment protects and individuals from unreasonable searches and seizures?

Answer 36

4