BUL 5810 FSU WOODYARD MIDTERM MULTIPLE
CHOICE
In the common law system of the United States, a crime is defined as:
(A) a private wrong that necessitates litigation between the victim and the perpetrator.
(B) any act or omission prohibited by the government and made punishable in a judicial
proceeding brought by the government.
(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) interstate compacts and the rules and regulations of federal and state agencies. -
Answer -(B) any act or omission prohibited by the government and made punishable in
a judicial proceeding brought by the government.
What is the supreme law of the land in the United States?
(A) Federal statutes
(B) The UCC
(C) The common law
(D) The U.S. Constitution - Answer -(D) The U.S. Constitution
Statutory law is:
(A) not well suited for making drastic or comprehensive changes, thus its importance as
a source of law has diminished since the end of the nineteenth century.
(B) the primary source of law for such business law topics as contracts, agency,
property, and trusts.
(C) a primary source of new law and ordered social change in the United States.
(D) created by legislatures, which are less likely to repeal prior enactments than courts
are likely to overrule prior decisions - Answer -(C) a primary source of new law and
ordered social change in the United States.
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 passerby refuses to help rescue a drowning woman.
(C) A person pushes a man into the lake.
(D) A person does not drive carefully on a busy street. - Answer -(B) A passerby
refuses to help rescue a drowning woman
44. A ____ is any act or omission prohibited by public law in the interest of protection of
the public
and made punishable by the government in a judicial proceeding brought by it, whereby
proof must
be beyond a reasonable doubt.
(A) rescission
(B) sanction
(C) crime
,(D) maxim - Answer -(C) crime
The courts in law systems such as the one in the United States have developed a body
of law that serves as precedent for determination of later controversies. This is
sometimes called:
(A) previous law.
(B) common law.
(C) equity law.
(D) administrative law - Answer -(B) common law.
In a court of equity, a chancellor could issue an order called a ____, compelling a
defendant to do or refrain from doing a certain act.
(A) judgment
(B) decree
(C) stare decisis
(D) rescission - Answer -(B) decree
The branch of public law that deals with the various regulatory functions and activities of
the government is:
(A) criminal law.
(B) administrative law.
(C) constitutional law.
(D) substantive law - Answer -(B) administrative law.
A constitution does not:
(A) restrict the powers of government.
(B) specifically enumerate certain liberties of the people.
(C) establish governmental structure.
(D) clearly define all the powers of the state governments. - Answer -(D) clearly define
all the powers of the state governments.
The person who files or commences a civil lawsuit is known as the:
(A) plaintiff.
(B) prosecuting attorney.
(C) defendant.
(D) attorney general. - Answer -(A) plaintiff.
Because of the increasing complexity of the social, economic, and industrial life of the
nation, the scope of ____ law has expanded enormously in the past century.
(A) common
(B) administrative
(C) procedural
(D) equity - Answer -(B) administrative
A court order requiring that a person do or refrain from doing a particular act is known
as a(n):
,(A) injunction.
(B) maxim.
(C) statute.
(D) executive order. - Answer -(A) injunction.
The three distinct and independent branches of the United States government are:
(A) the executive branch, the House of Representatives, and the U.S. Senate.
(B) the federal judiciary, the House of Representatives, and the U.S. Senate.
(C) the federal judiciary, the Congress, and the executive branch.
(D) the state government, the Congress, and the executive branch. - Answer -(C) the
federal judiciary, the Congress, and the executive branch.
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 is brought on the ground of public policy.
(C) Proof of guilt must be "by a preponderance of the evidence."
(D) Conviction may result in imprisonment. - Answer -C) Proof of guilt must be "by a
preponderance of the evidence."
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 of the United States
(D) Hearings before the Senate - Answer -(D) Hearings before the Senate
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 - Answer -(D) Oliver Wendell
Holmes and Benjamin Cardozo
The separation of powers involves:
(A) the federal judiciary, the federal Congress and the federal executive branch
(B) the federal House of Representatives and the federal Senate
(C) the executive branches at the federal, state, and local levels
(D) the court systems at the federal, state and local levels - Answer -(A) the federal
judiciary, the federal Congress and the federal executive branch
The law is a combination of:
(A) prohibitory, mandatory and permissive.
(B) mandatory, mundane and mediocre.
(C) permissive, passive and meditative.
(D) prohibitory, malevolent, and mandatory. - Answer -(A) prohibitory, mandatory and
permissive.
, A(n) ____ is the fundamental law of a particular level of government.
(A) Restatement of law
(B) executive order
(C) constitution
(D) code - Answer -(C) constitution
The ____ are orderly compilations of the general common law of the United States,
prepared by a
distinguished group of lawyers, judges, and law teachers.
(A) Statutes
(B) Executive Orders
(C) Maxims
(D) Restatements of Law - Answer -(D) Restatements of Law
The sources of law in the American legal system include ALL BUT which of the
following?
(A) State administrative regulations
(B) Executive orders
(C) Resolutions passed by the United Nations
(D) Federal legislation - Answer -(C) Resolutions passed by the United Nations
Which of the following is a common purpose of the civil and criminal law?
(A) Compensation
(B) Rehabilitation
(C) Deterrence
(D) Punishment - Answer -C) Deterrence
Which of the following is characteristic of a common law legal system?
(A) It relies heavily on the inquisitorial method for settling disputes.
(B) It depends heavily on comprehensive legislative enactments called Codes.
(C) It applies the principle of stare decisis.
(D) It is based on Roman law. - Answer -(C) It applies the principle of stare decisis.
The area of public law that creates the most rules and decides the most controversies
is:
(A) criminal law.
(B) judicial law.
(C) legislative law.
(D) administrative law - Answer -(D) administrative law
Which of the following is NOT considered to be an equitable remedy?
(A) Specific performance
(B) Injunction
(C) Reformation
(D) Money damages - Answer -(D) Money damages
CHOICE
In the common law system of the United States, a crime is defined as:
(A) a private wrong that necessitates litigation between the victim and the perpetrator.
(B) any act or omission prohibited by the government and made punishable in a judicial
proceeding brought by the government.
(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) interstate compacts and the rules and regulations of federal and state agencies. -
Answer -(B) any act or omission prohibited by the government and made punishable in
a judicial proceeding brought by the government.
What is the supreme law of the land in the United States?
(A) Federal statutes
(B) The UCC
(C) The common law
(D) The U.S. Constitution - Answer -(D) The U.S. Constitution
Statutory law is:
(A) not well suited for making drastic or comprehensive changes, thus its importance as
a source of law has diminished since the end of the nineteenth century.
(B) the primary source of law for such business law topics as contracts, agency,
property, and trusts.
(C) a primary source of new law and ordered social change in the United States.
(D) created by legislatures, which are less likely to repeal prior enactments than courts
are likely to overrule prior decisions - Answer -(C) a primary source of new law and
ordered social change in the United States.
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 passerby refuses to help rescue a drowning woman.
(C) A person pushes a man into the lake.
(D) A person does not drive carefully on a busy street. - Answer -(B) A passerby
refuses to help rescue a drowning woman
44. A ____ is any act or omission prohibited by public law in the interest of protection of
the public
and made punishable by the government in a judicial proceeding brought by it, whereby
proof must
be beyond a reasonable doubt.
(A) rescission
(B) sanction
(C) crime
,(D) maxim - Answer -(C) crime
The courts in law systems such as the one in the United States have developed a body
of law that serves as precedent for determination of later controversies. This is
sometimes called:
(A) previous law.
(B) common law.
(C) equity law.
(D) administrative law - Answer -(B) common law.
In a court of equity, a chancellor could issue an order called a ____, compelling a
defendant to do or refrain from doing a certain act.
(A) judgment
(B) decree
(C) stare decisis
(D) rescission - Answer -(B) decree
The branch of public law that deals with the various regulatory functions and activities of
the government is:
(A) criminal law.
(B) administrative law.
(C) constitutional law.
(D) substantive law - Answer -(B) administrative law.
A constitution does not:
(A) restrict the powers of government.
(B) specifically enumerate certain liberties of the people.
(C) establish governmental structure.
(D) clearly define all the powers of the state governments. - Answer -(D) clearly define
all the powers of the state governments.
The person who files or commences a civil lawsuit is known as the:
(A) plaintiff.
(B) prosecuting attorney.
(C) defendant.
(D) attorney general. - Answer -(A) plaintiff.
Because of the increasing complexity of the social, economic, and industrial life of the
nation, the scope of ____ law has expanded enormously in the past century.
(A) common
(B) administrative
(C) procedural
(D) equity - Answer -(B) administrative
A court order requiring that a person do or refrain from doing a particular act is known
as a(n):
,(A) injunction.
(B) maxim.
(C) statute.
(D) executive order. - Answer -(A) injunction.
The three distinct and independent branches of the United States government are:
(A) the executive branch, the House of Representatives, and the U.S. Senate.
(B) the federal judiciary, the House of Representatives, and the U.S. Senate.
(C) the federal judiciary, the Congress, and the executive branch.
(D) the state government, the Congress, and the executive branch. - Answer -(C) the
federal judiciary, the Congress, and the executive branch.
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 is brought on the ground of public policy.
(C) Proof of guilt must be "by a preponderance of the evidence."
(D) Conviction may result in imprisonment. - Answer -C) Proof of guilt must be "by a
preponderance of the evidence."
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 of the United States
(D) Hearings before the Senate - Answer -(D) Hearings before the Senate
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 - Answer -(D) Oliver Wendell
Holmes and Benjamin Cardozo
The separation of powers involves:
(A) the federal judiciary, the federal Congress and the federal executive branch
(B) the federal House of Representatives and the federal Senate
(C) the executive branches at the federal, state, and local levels
(D) the court systems at the federal, state and local levels - Answer -(A) the federal
judiciary, the federal Congress and the federal executive branch
The law is a combination of:
(A) prohibitory, mandatory and permissive.
(B) mandatory, mundane and mediocre.
(C) permissive, passive and meditative.
(D) prohibitory, malevolent, and mandatory. - Answer -(A) prohibitory, mandatory and
permissive.
, A(n) ____ is the fundamental law of a particular level of government.
(A) Restatement of law
(B) executive order
(C) constitution
(D) code - Answer -(C) constitution
The ____ are orderly compilations of the general common law of the United States,
prepared by a
distinguished group of lawyers, judges, and law teachers.
(A) Statutes
(B) Executive Orders
(C) Maxims
(D) Restatements of Law - Answer -(D) Restatements of Law
The sources of law in the American legal system include ALL BUT which of the
following?
(A) State administrative regulations
(B) Executive orders
(C) Resolutions passed by the United Nations
(D) Federal legislation - Answer -(C) Resolutions passed by the United Nations
Which of the following is a common purpose of the civil and criminal law?
(A) Compensation
(B) Rehabilitation
(C) Deterrence
(D) Punishment - Answer -C) Deterrence
Which of the following is characteristic of a common law legal system?
(A) It relies heavily on the inquisitorial method for settling disputes.
(B) It depends heavily on comprehensive legislative enactments called Codes.
(C) It applies the principle of stare decisis.
(D) It is based on Roman law. - Answer -(C) It applies the principle of stare decisis.
The area of public law that creates the most rules and decides the most controversies
is:
(A) criminal law.
(B) judicial law.
(C) legislative law.
(D) administrative law - Answer -(D) administrative law
Which of the following is NOT considered to be an equitable remedy?
(A) Specific performance
(B) Injunction
(C) Reformation
(D) Money damages - Answer -(D) Money damages
