Chapter 1—Introduction to Law TRUE/FALSE 1. Roscoe Pound, a distinguished American jurist, defined law as predictions of the way in which a court will decide specific legal questions. ANS: F
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2. The common law system is used in most of Europe, Scotland, and Latin America. ANS: F
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3. The primary function of the law is to maintain stability in the social, political, and economic system while simultaneously permitting change. ANS: T
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4. Substantive law creates legal rights and duties. ANS: T
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5. The Constitution provides that federal statutes are paramount to state constitutions and statutes. ANS: T
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6. The burden of proof in a criminal case is preponderance of the evidence. ANS: F
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7. The law does not change; it is based on unchanging and universal truths. ANS: F
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8. The main categories of the law are (a) substantive and procedural, (b) public and private, and (c) civil and criminal. ANS: T
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9. Law is an instrument of social control. ANS: T
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10. Under the civil law system, adversaries initiate and conduct litigation. ANS: F
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11. A judge deciding a common law case must look to similar cases previously decided for guidance. ANS: T
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12. The United States Constitution establishes the principle of judicial review, which divides the government into three distinct and independent branches: the judicial, executive, and legislative (Congress). ANS: F
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13. Since the end of the nineteenth century, case law developed from court opinions has been the primary source of new law and ordered social change in the United States. ANS: F
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14. A constitution restricts the powers of the government and specifies the rights and liberties of the people. ANS: T
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15. The Uniform Commercial Code is a federal law that applies to commercial transactions among the states. ANS: F
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16. Laws passed by Congress are the supreme law of the land in the United States and take precedence over the United States Constitution. ANS: F
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17. The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme Court of the United States. ANS: T
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18. The common law system of law uses the inquisitorial system of determining disputes. ANS: F
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19. Rodriguez and Compton asked a court for reformation of their contract based on a mutual mistake. They seek an equitable remedy. ANS: T
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20. The principle of stare decisis gives stability to our system of jurisprudence.
ANS: T
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21. Once a court has decided a case, the principle of stare decisis precludes correction of erroneous decisions. ANS: F
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22. Civil law systems, as found in the State of Louisiana and countries such as Scotland, depend on comprehensive legislative enactments. ANS: T
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23. The business law topics of contracts, agency, property, and trusts are governed primarily by the common law. ANS: T
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24. One important source of law in the United States is the Restatement of law. ANS: F
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25. The State of Minnesota has been negotiating with the Canadian government on issues involving acid rain and eventually reaches an agreement with Canadian officials. This is a valid treaty under the United States Constitution. ANS: F
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26. In the United States, treaties are not subject to judicial review. ANS: F
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27. Tate brings an action against Marsheen for damages from trespass to Tate’s property. Tate must prove the case by a preponderance of the evidence. ANS: T
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28. All laws are related to morals, but some moral precepts are not enforced by legal sanctions. ANS: F
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29. Business law is primarily public law. ANS: F
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30. Decisions of courts of appeals are published in volumes known as "reports" or "reporters." ANS: T
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31. The terms "law" and "justice" are interchangeable. ANS: F
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MULTIPLE CHOICE 1. A crime is: a. a private wrong that necessitates litigation between the victim and the perpetrator. b. any act prohibited by the government or an omission of an act required by public law and made punishable by the government in a judicial proceeding brought by it. c. litigation where the injured party sues to recover compensation for the damages and injury sustained as a result of the defendant's wrongful conduct. d. wrongful conduct as set forth in statutes that constitute the supreme law of the land. ANS: B
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2. What is the supreme law of the land in the United States? a. Criminal statutes. b. Treaties. c. Case law as developed through the U.S. Supreme Court. d. The U.S. Constitution. ANS: D
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3. Which of the following is not descriptive of the law? a. It is always prohibitive. b. It is pervasive. c. It may be permissive. d. Its function is to regulate human conduct and relations. ANS: A
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4. The courts are likely to provide remedies in all but which of the following cases? a. A person refuses to return your friend's book. b. A person refuses to help rescue a drowning child. c. A person pushes a man into the lake. d. A person does not drive carefully on a busy street. ANS: B
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5. Which one of the following is NOT true of a suit brought under criminal law? a. It must be brought by the government. b. It may be a state or a federal case. c. Proof of guilt must be "by preponderance of the evidence." d. Conviction may result in imprisonment. ANS: C
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6. Sources of federal law include all but which of the following? a. Rules of administrative agencies. b. Decisions of federal courts. c. Executive orders of the President. d. Hearings before the Senate. ANS: D
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7. American jurists __________ and __________ defined law in a functional sense as predictions of the way that a court will decide specific legal questions. a. Roscoe Pound and Alexander Hamilton b. Blackstone and Austin c. Roscoe Pound and Benjamin Cardozo d. Oliver Wendell Holmes and Benjamin Cardozo ANS: D
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8. The separation of powers involves: a. the federal judiciary. b. the Congress. c. the executive branch. d. All of the above. ANS: D
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9. Glenna has been charged with arson of a storage building. The prosecutor must prove Glenna’s guilt: a. by a preponderance of the evidence. b. by the greater weight of the evidence. c. beyond a reasonable doubt. d. beyond shadow of a doubt. ANS: C
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10. The President of the United States has the authority to issue laws, which are called: a. Restatements of law. b. executive orders. c. Constitutional amendments. d. codes. ANS: B
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11. An example of private law is: a. business law. b. administrative law. c. criminal law. d. All of the above. ANS: A
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