Legal Foundations
Fill in the Blank Questions
1. Much of the origins of the law dealt with issues related to _______.
________________________________________
2. When the United States Supreme Court formally recognized its role in achieving equality for
all Americans during the civil rights movement, it was following a ________ philosophy.
________________________________________
3. Attorneys who work for a company and are part of the executive or midlevel management
team are specifically referred to as ________ counsel.
________________________________________
4. Attorneys, particularly in a business context, are also referred to as _______.
________________________________________
5. Measures of judicial action intended to compensate an injured party in a civil lawsuit are
called _______.
________________________________________
6. Equitable rules used in the context of common law rules that guide courts in deciding cases
or controversies are called equitable _______.
________________________________________
7. Judicial opinions are also known as the ________ of the case.
________________________________________
8. A collection of uniform legal principles focused on a particular area of traditional state law is
called ________ of the Law.
________________________________________
,9. Trial lawyers are also referred to as _______.
________________________________________
10. ________ are recognized as binding between two parties even though no specific statute or
regulation provides for the rights of the parties.
________________________________________
True / False Questions
11. Legal positivists believe that agreed-upon laws should be uniformly and strictly enforced and
may be changed only by the government.
True False
12. Law today is crucial to business by creating some degree of reliability to be used in business
planning and commercial transactions.
True False
13. States tend to amend their constitutions less frequently than is the case with the U.S.
Constitution.
True False
14. A presidential veto may be overridden by a two-thirds majority vote of the Senate.
True False
15. Legal realism is the oldest form of American jurisprudence; it was founded during the
American Revolution and forms the basis for the U.S. Constitution.
True False
16. Courts regularly question and overturn administrative-agency decisions involving how and
when an agency enforces a regulation.
True False
17. The power of courts to establish law in matters not specifically addressed by statutes is very
limited in common law countries.
True False
,18. Equitable remedies are available to compensate injured parties in both civil and criminal
lawsuits.
True False
19. Most states have separate courts of law and equity.
True False
20. A statute of limitations determines the maximum and minimum amounts of monetary relief
that may be granted in different types of civil lawsuits.
True False
21. The purpose of secondary sources of law is to increase uniformity and fairness across courts
in the 50 states.
True False
22. A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.
True False
23. A zoning law that regulates what a landowner may or may not do with his or her privately
owned property is an example of a public law.
True False
24. Laws requiring that the police show reasonable cause and obtain a search warrant before
entering a place of business to search for evidence are examples of substantive laws.
True False
25. Criminal law is designed to compensate parties for money lost as a result of another's
unlawful conduct.
True False
26. For private law to be applied, there must be a statute or ordinance enacted that provides for
the rights of the parties.
True False
27. Criminal law can be characterized as public law but can never be considered private law.
True False
, 28. Freedom of speech, as defined in the Constitution, is an example of substantive law.
True False
29. Restatements of the Law are written and revised by Congress and state legislatures as
needed.
True False
30. All statutes have a statutory scheme, but not all statutes have a legislative history.
True False
31. The common law is the law that all states follow to avoid confusion and to promote
consistency from state to state.
True False
32. Civil law systems reject and prohibit the use of precedent, relying solely on strict
interpretations of statutes.
True False
33. When a Pennsylvania appellate court makes a decision, stare decisis requires that Delaware
trial courts follow the case precedent when a case with a similar fact situation arises.
True False
34. Aggressive litigation generally results in a high monetary cost for a corporation.
True False
35. Arbitration and mediation are preferred dispute resolution methods because they always
result in a satisfactory outcome for both sides of the dispute.
True False
36. Ordinances will preempt state-level statutes.
True False
37. Alternative dispute resolution, when used to settle a business dispute, is usually not subject to
appeal to a court.
True False
38. Laws relating to contracts for the sale of goods are primarily found in the common law.
True False