Quiz (Chapters 1-3) Flashcards
Which of the following is NOT a general function of the law?
A) facilitating orderly change
B) facilitating planning
C) providing a basis or compromise
D) maximizing individual freedom
E) ensuring the supply of and demand for products in the United States economy
E) ensuring the supply and demand for products in the United States ecomony
Flexibility in the law most directly makes the law: A) static B) consistent C) adaptable D) predictable E) accountable
C) adaptable
Which of the following is true regarding priority of law in the United States?
A) Federal statutes take precedence over federal regulations.
B) Valid federal law takes precedence over any conflicting state or local law.
C) State constitutions rank as the highest state law.
D) Valid state law takes precedence over local laws.
E) Federal statutes take precedence over federal regulations, valid federal law takes precedence over any conflicting state or local law, state constitution rank as the highest state law, and valid state law takes precedence over local laws.
E) Federal statutes take precedence over federal regulations, valid federal law takes precedence over any conflicting state or local law, state constitution rank as the highest state law, and valid state law takes precedence over local laws.
The court’s decision in Brown v. Board of Education had what effect on the decision made in Plessy v. Ferguson?
A) It followed precedent.
B) If applied the doctrine of stare decisis.
C) It applied the principle of preemption.
D) It showed that precedent can be overruled and is not binding in every situation.
E) It showed that the United States Constitution is not subjected to interpretation.
D) It showed that precedent can be overruled and is not binding in every situation.
Which of the following is not a recognized school of jurisdictional thought? A) the Existential School B) the Natural Law School C) the Historical School D) the Analytical School E) the Sociological School
A) the Existential School
Which of the following is most consistent with the Natural Law School of jurisprudence?
A)Law is based on moral and an ethical principle of what or right, and it is the job of men and women through study, to discover what these principles are.
B) the law is a reflection of society, this the law must change naturally as society changes over time.
C) The laws of men are secondary to the laws of nature, and thus the laws of nature take precedence whenever the laws of man are in conflict with the laws of nature.
D) By applying the rules of logic to specific cases, the logical, or natural, result will be obtained.
E) Laws must first and foremost respect, preserve and promote the preservation of the environment and life in all its forms.
A) Law is based on moral and an ethical principle of what or right, and it is the job of men and women through study, to discover what these principles are.
The school of jurisprudence that believes that free free market forces should determine the outcome of lawsuits is: A) the Command School. B) the Sociological School. C) the Critical Legal Studies School. D) the Law and Economics School. E) the Analytical School.
D) the Law and Economics School
The remedy, or relief, that was available in the law courts of England was:
A) specific performance.
B) fines and imprisonment.
C) monetary awards for damages.
D) returning the parties to their positions before the dispute arose.
E) substantial performance.
C) monetary awards for damages.
Which branch of government has the power to enforce the law? A) executive B) legislative C) judicial D) state E) federal
A) executive
Assume that there is a provision in the Colorado state constitution that is in conflict with a valid federal statute that was passed by the U.S. Congress and enacted into law. Which is true?
A) The Colorado constitution provision will control; the federal statute is invalid.
B) The federal statute will control and make the state constitution provision invalid.
C) in Colorado, the Colorado constitution provision will control over the statute passed by Congress, but the federal statue will apply in the other 49 states.
D) Within Colorado, whichever was passed earlier will control over the other.
E) Within Colorado, whichever was passed later will control over the other.
B) The federal statute will control and make the state constitution provision invalid.
A local zoning law is an example of which of the following? A) ordinances B) statutes C) executive orders D) regulations E) judicial mandates
A) ordinances
Stare decisis is the doctrine of:
A) separation of powers so that decisions are not made by a single branch of government.
B) following precedent so that legal principles in earlier cases are followed in later cases.
C) constitutional principles applied when making any decision.
D) spending long periods of time looking at facts before making a decision.
E) legislative law approved by judges.
B) following precedent so that legal principles in earlier cases are followed in later cases.
Our country's form of government is referred to as: A) imperialism B) federalism C) altruism D) statism E) nationalism
B) federalism
When the states ratified the United States Constitution, they delegated certain powers called \_\_\_\_\_\_\_\_\_\_ powers to the federal government. A) holistic B) reserved C) shared D) enumerated E) prima facie
D) enumerated
Powers that are NOT mentioned in the U.S Constitution:
A) are held both by the states and by the federal government
B) are reserved to the states
C) are reserved to the federal government
D) can be delegated by the U.S. Supreme Court to either the states or the federal government.
E) cannot be exercised by either the states of the federal government.
B) are reserved to the states
The concept of federal law taking precedent over state or local law is commonly called the \_\_\_\_\_\_\_\_\_\_ doctrine. A) preemption B) circumvention C) supremacy D) assumption E) preeminence
A) preemption
The Commerce Clause of the United States Constitution gives the federal government the \_\_\_\_\_\_\_\_\_\_ power to regulate commerce with foreign nations. A) reserved B) exclusive C) shared D) qualified E) conditional
B) exclusive
States retain the power to regulate intrastate business activity and much interstate business activity that occurs within their borders. This is commonly referred to as states' \_\_\_\_\_\_\_\_\_\_ power. A) commerce B) supremacy C) autonomous D) police E) delegated
D) police
In addition to the Bill of Rights, \_\_\_\_\_\_\_\_\_\_ other amendments have been added to the United States Constitution. A) ten (10) B) fourteen (14) C) seventeen (17) D) twenty-seven (27) E) thirty-three (33)
C) seventeen (17)
When television personalities make fun of the President, they are engaging in: A) protected speech B) limited protected speech C) unprotected speech D) commercial speech E) disparagement
A) protected speech
\_\_\_\_\_\_\_\_\_\_ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. A) Courts of record B) Intermediate appellate courts C) Inferior trial courts D) State supreme courts
A) Courts of record
Decisions of the \_\_\_\_\_\_\_\_\_\_ are final unless a question of law is involved that is appealable to the U.S. Supreme Court. A) courts of appeals B) courts of records C) highest state courts D) general-jurisdiction trial courts
C) highest state courts
The \_\_\_\_\_\_\_\_\_\_ hears cases brought against the United States. A) U.S. Supreme Court B) U.S. Tax Court C) U.S. Court of Federal Claims D) U.S. District Court
C) U.S. Court of Federal Claims
Judges for federal courts are selected __________.
A) by election by the voters within the state where they preside
B) by the president, subject to confirmation by the Senate
C) by the U.S. Supreme Court justices
D) by the sitting federal judges within the same circuit
B) by the president, subject to confirmation by the Senate
Which of the following courts are the federal court system's trial courts of general jurisdiction? A) U.S. district courts B) U.S. Tax Courts C) U.S. courts of appeals D) U.S courts of federal claims
A) U.S. district courts
The geographical area served by each U.S. court of appeals is referred to as a \_\_\_\_\_\_\_\_\_\_. A) district B) county C) range D) circuit
D) circuit
Which of the following courts are considered as the federal court system’s intermediate appellate courts?
A) U.S Courts of Appeals for Veterans Claims
B) U.S. Courts of appeals
C) U.S. district courts
D) U.S. courts of federal claims
B) U.S. Courts of appeals
The U.S. Supreme Court is composed of \_\_\_\_\_\_\_\_\_\_ justices. A) nine B) six C) ten D) three
A) nine
How are the justices of the U.S. Supreme Court appointed?
A) They are nominated by the President and confirmed by the Senate.
B) They are directly appointed by the President of the United States.
C) They are nominated and confirmed by the Chief Justice of the Supreme Court.
D) They are nominated by the Associate Justices and confirmed by the Chief Justice.
A) They are nominated by the President and confirmed by the Senate.
\_\_\_\_\_\_\_\_\_\_ refers to an official notice that the Supreme Courts will review a case. A) Wit of certiorari B) Stare decisis C) En banc review D) Sua sponte
A) Wit of certiorari
In the U.S. Supreme Court, if a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a \_\_\_\_\_\_\_\_\_\_ decision. A) unanimous B) majority C) plurality D) tie
C) plurality
Which of the following similarities is observed between tie and plurality decision reached by the U.S. Supreme Court?
A) the decisions can be appealed against in the U.S. courts of appeals
B) the decisions do not set precedent for later cases
C) the decision of the lower court is affirmed
D) new evidence and testimony is heard before reaching decisions.
B) the decisions do not set precedent for later cases
While dealing with lawsuits regarding the diversity of citizenship, federal courts should __________.
A) ensure that the dollar amount of the controversy is limited to the value of $75,000
B) ensure that the plaintiff does not transfer the case to a state court
C) ensure that the defendant does not transfer the case to a stat court
D) ensure the application of the relevant stat law is deciding the case
D) ensure the application of the relevant stat law is deciding the case
\_\_\_\_\_\_\_\_\_\_ refer to cases arising under the U.S. Constitution, treaties, or federal statutes and regulations. A) Federal question cases B) Diversity of citizenship cases C) Federal crimes cases D) Copyrights and trademarks cases
A) Federal question cases
Altonvista, Inc., a company based in California, is sued by a plaintiff from the state of Texas. Which of the following statements would apply to this situation?
A) The case must be heard in the California federal court as this is a subject matter in which federal courts have exclusive jurisdiction.
B) If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court.
C) If the plaintiff decides to bring the case to the California federal court, Altonvista Inc. can have the case moved to a California state court.
D) The case can only be heard in a California state court as the matter is not subject to federal jurisdiction.
B) If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court
