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PRACTICE EXAM – LJU4802 Exam 2026/2027 – Formatted: Centered
Thomas Edison State University – Revised Formatted: Top: (Single solid line, Auto, 2.25 pt Line
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Questions & Answers for Undergraduate Law and Right: (Single solid line, Auto, 2.25 pt Line width)
Justice Students
Section 1: Foundations of Law and Justice
Question 1: Which of the following is considered the supreme law of the United States?
A) The Constitution
B) Federal statutes
C) Executive orders
D) State constitutions
*Answer: A) The Constitution Rationale: The U.S. Constitution is the supreme law of the land, as
established by the Supremacy Clause in Article VI. All federal and state laws, executive actions, and
judicial decisions must comply with the Constitution. It serves as the foundational document for the
American legal system.
Question 2: What is the primary difference between criminal law and civil law?
A) Criminal law involves wrongs against society; civil law involves wrongs against individuals
B) Criminal law involves individuals; civil law involves corporations
C) Criminal law has lower burden of proof
D) Civil law involves imprisonment as punishment
*Answer: A) Criminal law involves wrongs against society; civil law involves wrongs against
individuals Rationale: Criminal law addresses offenses against society or the state (e.g., murder, theft)
and is prosecuted by the government, with punishment including incarceration. Civil law addresses
disputes between private parties (e.g., contracts, torts) and typically results in monetary damages or
equitable relief.
Question 3: Which legal philosophy holds that law is a set of rules created by human beings and that
there is no inherent or universal connection between law and morality?
A) Legal positivism
B) Natural law theory
C) Legal realism
D) Critical legal studies
*Answer: A) Legal positivism Rationale: Legal positivism (associated with philosophers like John Austin
and H.L.A. Hart) maintains that law is created by human authorities and is valid based on social rules and
procedures, not on moral considerations. Natural law theory holds that law is derived from universal
moral principles. Legal realism focuses on how law is actually applied in practice.
, Question 4: Which of the following is NOT a source of law in the American legal system?
A) Statutory law
B) Common law
C) Administrative law
D) Religious law
*Answer: D) Religious law Rationale: The American legal system is based on sources including statutory
law (legislation), common law (judicial precedent), administrative law (regulations), and constitutional
law. While religious law influences some legal systems (e.g., Sharia law), it is not a formal source of law
in the U.S. legal system due to the separation of church and state.
Question 5: What is the doctrine of stare decisis?
A) The principle that courts should follow precedents established in previous cases
B) The principle that courts should create new laws
C) The principle that courts should ignore prior decisions
D) The principle that laws should be interpreted strictly
*Answer: A) The principle that courts should follow precedents established in previous
cases Rationale: Stare decisis (Latin for "to stand by things decided") is a legal doctrine requiring courts
to follow precedents established in previous court decisions. This promotes consistency, predictability,
and stability in the law. It is a foundational principle of common law systems, including the U.S. legal
system.
Question 6: What is the difference between a felony and a misdemeanor?
A) Felonies are more serious crimes with harsher penalties (over 1 year in prison)
B) Felonies are less serious crimes
C) Misdemeanors carry higher fines
D) There is no difference
*Answer: A) Felonies are more serious crimes with harsher penalties (over 1 year in prison) Rationale:
Felonies are serious crimes (e.g., murder, rape, burglary) punishable by imprisonment for more than one
year, and may carry the death penalty. Misdemeanors are less serious offenses (e.g., petty theft,
disorderly conduct) punishable by fines or imprisonment for up to one year.
Question 7: Which of the following is an example of a tort?
A) Breach of contract
B) Assault
C) Theft
D) Murder
*Answer: B) Assault Rationale: A tort is a civil wrong that causes injury or harm to another, leading to
legal liability. Assault (intentional creation of apprehension of harmful or offensive contact) is a tort.
Breach of contract is a contract law issue, theft is a criminal offense, and murder is a criminal offense
(though it may also lead to a tort claim).
Question 8: What is the purpose of the Bill of Rights?
A) To protect individual liberties from government interference
B) To establish the structure of government
PRACTICE EXAM – LJU4802 Exam 2026/2027 – Formatted: Centered
Thomas Edison State University – Revised Formatted: Top: (Single solid line, Auto, 2.25 pt Line
width), Bottom: (Single solid line, Auto, 2.25 pt Line
width), Left: (Single solid line, Auto, 2.25 pt Line width),
Questions & Answers for Undergraduate Law and Right: (Single solid line, Auto, 2.25 pt Line width)
Justice Students
Section 1: Foundations of Law and Justice
Question 1: Which of the following is considered the supreme law of the United States?
A) The Constitution
B) Federal statutes
C) Executive orders
D) State constitutions
*Answer: A) The Constitution Rationale: The U.S. Constitution is the supreme law of the land, as
established by the Supremacy Clause in Article VI. All federal and state laws, executive actions, and
judicial decisions must comply with the Constitution. It serves as the foundational document for the
American legal system.
Question 2: What is the primary difference between criminal law and civil law?
A) Criminal law involves wrongs against society; civil law involves wrongs against individuals
B) Criminal law involves individuals; civil law involves corporations
C) Criminal law has lower burden of proof
D) Civil law involves imprisonment as punishment
*Answer: A) Criminal law involves wrongs against society; civil law involves wrongs against
individuals Rationale: Criminal law addresses offenses against society or the state (e.g., murder, theft)
and is prosecuted by the government, with punishment including incarceration. Civil law addresses
disputes between private parties (e.g., contracts, torts) and typically results in monetary damages or
equitable relief.
Question 3: Which legal philosophy holds that law is a set of rules created by human beings and that
there is no inherent or universal connection between law and morality?
A) Legal positivism
B) Natural law theory
C) Legal realism
D) Critical legal studies
*Answer: A) Legal positivism Rationale: Legal positivism (associated with philosophers like John Austin
and H.L.A. Hart) maintains that law is created by human authorities and is valid based on social rules and
procedures, not on moral considerations. Natural law theory holds that law is derived from universal
moral principles. Legal realism focuses on how law is actually applied in practice.
, Question 4: Which of the following is NOT a source of law in the American legal system?
A) Statutory law
B) Common law
C) Administrative law
D) Religious law
*Answer: D) Religious law Rationale: The American legal system is based on sources including statutory
law (legislation), common law (judicial precedent), administrative law (regulations), and constitutional
law. While religious law influences some legal systems (e.g., Sharia law), it is not a formal source of law
in the U.S. legal system due to the separation of church and state.
Question 5: What is the doctrine of stare decisis?
A) The principle that courts should follow precedents established in previous cases
B) The principle that courts should create new laws
C) The principle that courts should ignore prior decisions
D) The principle that laws should be interpreted strictly
*Answer: A) The principle that courts should follow precedents established in previous
cases Rationale: Stare decisis (Latin for "to stand by things decided") is a legal doctrine requiring courts
to follow precedents established in previous court decisions. This promotes consistency, predictability,
and stability in the law. It is a foundational principle of common law systems, including the U.S. legal
system.
Question 6: What is the difference between a felony and a misdemeanor?
A) Felonies are more serious crimes with harsher penalties (over 1 year in prison)
B) Felonies are less serious crimes
C) Misdemeanors carry higher fines
D) There is no difference
*Answer: A) Felonies are more serious crimes with harsher penalties (over 1 year in prison) Rationale:
Felonies are serious crimes (e.g., murder, rape, burglary) punishable by imprisonment for more than one
year, and may carry the death penalty. Misdemeanors are less serious offenses (e.g., petty theft,
disorderly conduct) punishable by fines or imprisonment for up to one year.
Question 7: Which of the following is an example of a tort?
A) Breach of contract
B) Assault
C) Theft
D) Murder
*Answer: B) Assault Rationale: A tort is a civil wrong that causes injury or harm to another, leading to
legal liability. Assault (intentional creation of apprehension of harmful or offensive contact) is a tort.
Breach of contract is a contract law issue, theft is a criminal offense, and murder is a criminal offense
(though it may also lead to a tort claim).
Question 8: What is the purpose of the Bill of Rights?
A) To protect individual liberties from government interference
B) To establish the structure of government
