BUL4310 EXAM 1 QUESTIONS AND ANSWERS
1.True or False: Mark has recently been having issues with his next-door neighbor
trespassing into his backyard. He decides to sue his neighbor in a small claims court.
Not knowing much about what goes on in court, Mark decides to do some research by
watching several episodes of Judge Judy. He takes notes on the way the judge acts
and
how the plaintiff and defendant act. This show tends to give a reasonably accurate
portrayal of the American legal system, at least with respect to the role of the judge in
deciding the law and finding the facts. - Answer -Answer - False: Lecture. LSB 41-43.
2.Common law is distinct from the Civil Law (Code system - the Roman Law). In
judgemade
law (the common law system), the law bubbles up from court cases, as decisions
are written down and put in yearbooks. The result is that the law increasingly becomes
universal, understood, and spread throughout the kingdom. Which of the following is
true?
A. Nowadays, the common law is found principally in English speaking countries.
B. Under the civil law, courts are subject to stare decisis.
C. Opinions from Georgia are binding in Florida.
D. When the United States became a nation, law was created from a blank slate.
E. None of the above. - Answer -Answer: A, LSB 39-40, Barron's Page 7.
2
3. A case decided in 2004 by the Massachusetts Supreme Court and reported by
NorthEastern Reports in volume 808 page 301, involved the First Congregational
Church of Haverhill (defendant) and Callahan (plaintiff). How would this court case be
cited?
A. Callahan v. First Congregational Church of Haverhill, Mass. 2004 (301 N.E. 2d 808).
B. First Congregational Church of Haverhill v. Callahan, Mass. 2004 (301 N.E. 2d 808).
C. Callahan v. First Congregational Church of Haverhill, 808 N.E. 2d 301 (Mass. 2004).
D. First Congregational Church of Haverhill v. Callahan, 808 N.E. 2d 301 (Mass. 2004).
E. Callahan v. First Congregational Church of Haverhill, 301 N.E. 2d 808 (Mass. 2004).
- Answer -Answer: C. Lecture.
4. Shrek, a law student, is doing research about court cases in a far away land. While
online, he finds the case he is looking for, and the following summation is shown:
Farquad v. Fiona, 808 N.E. 2d 301 (New York, 2004). As a competent law student,
Shrek can assume which of the following:
A. Farquad, the Defendant (or Appellee), was likely sued by Fiona, the plaintiff
(although in some cases she could be the defendant but also the appellant), in 2004
by the New York State Supreme Court and published in the 300th edition of
Northeastern Reports.
B. Fiona, the Defendant (or Appellee), was likely sued by Farquad, the plaintiff (or the
appellant, although in some cases Farquad could be the defendant). The decision, in
2004, was by the New York Court of Appeals and published in the 2nd edition of
,Northeastern Reports.
C. Fiona, the Defendant, was likely sued by Farquad, the plaintiff, in 2004. This case
was published in - Answer -Answer—B, Lecture and very early LSB.
5.Some laws are codified, while others arise out of the common law. All of the following
are examples of public laws, except:
A. Tax law
B. Contract Law
C. Constitutional Law
D. Administrative Law
E. Criminal Law - Answer -Answer: B, Contract law = private law, LSB 18.
6.True or False: Ethics is more likely to influence law rather than vice-versa. - Answer -
Answer: TRUE. LSB 7-9, Lecture, Barron's page 5.
7.True or False: Stare decisis binds all of the lower courts of a jurisdiction to
determinations rendered by the highest court in that same jurisdiction. - Answer -
Answer: True. LSB 14, Barron's page 8.
8.Mary is at the airport waiting to catch her flight. She spots a sign that says: "No
Smoking
inside the airport terminal. $250 fine if caught." Is this statement on the sign a law?
A. Yes. This statement is enforceable and if the person is caught, he/she will be
punished.
B. Yes. A statement is law as long as it is written down.
C. No. Only legal documents are considered law.
D. No. Usually, it is only statements regarding public safety that are considered law
E. No. In an airport, it is the statements regarding national security, which are
considered
law. - Answer -Answer: A. Lecture, LSB 3-4, Barron's page 93.
9.Sally Springer and Oprah Raphael were involved in an intense verbal dispute while on
Jerry Winfrey's famous talk show. Sally became so enraged that she could no longer
hold back and slapped Oprah's face. Oprah immediately slapped Sally back and a battle
ensued. Oprah's action of slapping Sally back can best be described as which one of
the
following
A. the pot calling the kettle black
B. over justification
C. lex talionis
D. petty impartiality
E. acquittal - Answer -Answer: C. Lecture, LSB 11, Barron's page 6.
10. Jim and Tim were arguing how our government system was established. They
finally
concluded that our government system was run with a system of checks and balances
,where the executive, legislative, and judicial branches were separated. Who proposed
this idea of how a government should be run?
A. Locke
B. Hobbes
C. Blackburn
D. Montesquieu
E. Blackstone - Answer -Answer: D. LSB 4-5.
11. The Continental European law system can be traced back to its roots in what source
of
law?
A. The Code of Napoleon
B. Code of Morse
C. Code of Hammurabi
D. The Justinian Code
E. Code of Solon - Answer -Answer: D. LSB 11-12, Barron's page 6.
12. In order for a common law judge to make a decision, what helps him find the law
he/she
must apply?
A. Lex Talionis
B. Lex Civilis
C. Ratio decidendi
D. Stare Decisis
E. Obiter Dicta - Answer -Answer: D. LSB 14, Barron's page 8.
13. True or False: Utilitarians believe that we should criticize institutions, ideas and
actions
based upon their overall well-being.
4 - Answer -Answer: B. LSB 27.
14. True or False: The Law and Economics school holds that a person can almost
always
reduce a case or law to economic analysis. - Answer -Answer: A. LSB 28-29.
15. Which of the following is not an example of substantive law?
A. The law of Torts
B. The law of Contracts
C. Procedural Law
D. Employment Law
E. Corporate Law - Answer -Answer: C. Lecture, LSB 25, Barron's page 16-17,
Supplemental Information Item
about Substantive versus Procedural Law - Track and Field Example.
16. Each of the following countries practice common law except?
A. Canada
, B. Kenya
C. Japan
D. New Zealand
E. India - Answer -Answer: C. Lecture, LSB 23, Barron's page 7.
17. Which philosopher held the view that law exists to restrain people?
A. Charles de Secondant
B. John Locke
C. Montesquieu
D. Thomas Hobbes
E. Sir William Blackstone - Answer -Answer: D. LSB 4-5.
18. True or False: Very influential in the development of the U.S. Constitution, Charles
de
Secondant, known as Montesquieu, wrote Spirit of the Laws, considered the best
statement of common law as it existed when the U.S. became an independent nation. -
Answer -Answer: False. LSB 4-5, 31. Blackstone did that. While Montesquieu published
The
Spirit of Laws, which "helped spur the writing of constitutions throughout the world,
including the U.S. Constitution" this is NOT the same thing as common law.
19. True or False: John Locke promoted freedom and his ideas were influential in the
development of the U.S. Constitution. - Answer -Answer: TRUE. LSB 5, Lecture.
20. This code of law stated three things: rule should be held by the people, that the law
must depend upon the consent of the governed, and that the law is adaptable.
A. Code of the Babylonian Ruler, Hammurabi
B. Code of the Roman Emperor Justinian
C. Code of the Athenian Lawgiver, Solon
D. The Napoleonic Code
E. The "Magna Carta" of New York - Answer -Answer: C. Lecture. LSB 12, Barron's
page 6.
21. True or False: The common law mainly originated from a long series of decrees by
kings and/or other high executive officeholders. - Answer -Answer: FALSE. LSB 13.
The origins of common law are found in England and the
overall accumulation of judicial decisions (precedent). William Blackstone wrote about
and commented on the common law in a great work published in 1769, but the common
law arose several centuries earlier.
22. While waiting for a stop light in beautiful rural Florida, Tom realizes that the traffic
light is broken and may never change to green. Tom continues to wait even though no
cars are coming. Which is most likely?
A. Tom is a Legal Realist
B. Tom feels obligated to wait because of the theory of Natural Law
C. Tom is a Positivist
1.True or False: Mark has recently been having issues with his next-door neighbor
trespassing into his backyard. He decides to sue his neighbor in a small claims court.
Not knowing much about what goes on in court, Mark decides to do some research by
watching several episodes of Judge Judy. He takes notes on the way the judge acts
and
how the plaintiff and defendant act. This show tends to give a reasonably accurate
portrayal of the American legal system, at least with respect to the role of the judge in
deciding the law and finding the facts. - Answer -Answer - False: Lecture. LSB 41-43.
2.Common law is distinct from the Civil Law (Code system - the Roman Law). In
judgemade
law (the common law system), the law bubbles up from court cases, as decisions
are written down and put in yearbooks. The result is that the law increasingly becomes
universal, understood, and spread throughout the kingdom. Which of the following is
true?
A. Nowadays, the common law is found principally in English speaking countries.
B. Under the civil law, courts are subject to stare decisis.
C. Opinions from Georgia are binding in Florida.
D. When the United States became a nation, law was created from a blank slate.
E. None of the above. - Answer -Answer: A, LSB 39-40, Barron's Page 7.
2
3. A case decided in 2004 by the Massachusetts Supreme Court and reported by
NorthEastern Reports in volume 808 page 301, involved the First Congregational
Church of Haverhill (defendant) and Callahan (plaintiff). How would this court case be
cited?
A. Callahan v. First Congregational Church of Haverhill, Mass. 2004 (301 N.E. 2d 808).
B. First Congregational Church of Haverhill v. Callahan, Mass. 2004 (301 N.E. 2d 808).
C. Callahan v. First Congregational Church of Haverhill, 808 N.E. 2d 301 (Mass. 2004).
D. First Congregational Church of Haverhill v. Callahan, 808 N.E. 2d 301 (Mass. 2004).
E. Callahan v. First Congregational Church of Haverhill, 301 N.E. 2d 808 (Mass. 2004).
- Answer -Answer: C. Lecture.
4. Shrek, a law student, is doing research about court cases in a far away land. While
online, he finds the case he is looking for, and the following summation is shown:
Farquad v. Fiona, 808 N.E. 2d 301 (New York, 2004). As a competent law student,
Shrek can assume which of the following:
A. Farquad, the Defendant (or Appellee), was likely sued by Fiona, the plaintiff
(although in some cases she could be the defendant but also the appellant), in 2004
by the New York State Supreme Court and published in the 300th edition of
Northeastern Reports.
B. Fiona, the Defendant (or Appellee), was likely sued by Farquad, the plaintiff (or the
appellant, although in some cases Farquad could be the defendant). The decision, in
2004, was by the New York Court of Appeals and published in the 2nd edition of
,Northeastern Reports.
C. Fiona, the Defendant, was likely sued by Farquad, the plaintiff, in 2004. This case
was published in - Answer -Answer—B, Lecture and very early LSB.
5.Some laws are codified, while others arise out of the common law. All of the following
are examples of public laws, except:
A. Tax law
B. Contract Law
C. Constitutional Law
D. Administrative Law
E. Criminal Law - Answer -Answer: B, Contract law = private law, LSB 18.
6.True or False: Ethics is more likely to influence law rather than vice-versa. - Answer -
Answer: TRUE. LSB 7-9, Lecture, Barron's page 5.
7.True or False: Stare decisis binds all of the lower courts of a jurisdiction to
determinations rendered by the highest court in that same jurisdiction. - Answer -
Answer: True. LSB 14, Barron's page 8.
8.Mary is at the airport waiting to catch her flight. She spots a sign that says: "No
Smoking
inside the airport terminal. $250 fine if caught." Is this statement on the sign a law?
A. Yes. This statement is enforceable and if the person is caught, he/she will be
punished.
B. Yes. A statement is law as long as it is written down.
C. No. Only legal documents are considered law.
D. No. Usually, it is only statements regarding public safety that are considered law
E. No. In an airport, it is the statements regarding national security, which are
considered
law. - Answer -Answer: A. Lecture, LSB 3-4, Barron's page 93.
9.Sally Springer and Oprah Raphael were involved in an intense verbal dispute while on
Jerry Winfrey's famous talk show. Sally became so enraged that she could no longer
hold back and slapped Oprah's face. Oprah immediately slapped Sally back and a battle
ensued. Oprah's action of slapping Sally back can best be described as which one of
the
following
A. the pot calling the kettle black
B. over justification
C. lex talionis
D. petty impartiality
E. acquittal - Answer -Answer: C. Lecture, LSB 11, Barron's page 6.
10. Jim and Tim were arguing how our government system was established. They
finally
concluded that our government system was run with a system of checks and balances
,where the executive, legislative, and judicial branches were separated. Who proposed
this idea of how a government should be run?
A. Locke
B. Hobbes
C. Blackburn
D. Montesquieu
E. Blackstone - Answer -Answer: D. LSB 4-5.
11. The Continental European law system can be traced back to its roots in what source
of
law?
A. The Code of Napoleon
B. Code of Morse
C. Code of Hammurabi
D. The Justinian Code
E. Code of Solon - Answer -Answer: D. LSB 11-12, Barron's page 6.
12. In order for a common law judge to make a decision, what helps him find the law
he/she
must apply?
A. Lex Talionis
B. Lex Civilis
C. Ratio decidendi
D. Stare Decisis
E. Obiter Dicta - Answer -Answer: D. LSB 14, Barron's page 8.
13. True or False: Utilitarians believe that we should criticize institutions, ideas and
actions
based upon their overall well-being.
4 - Answer -Answer: B. LSB 27.
14. True or False: The Law and Economics school holds that a person can almost
always
reduce a case or law to economic analysis. - Answer -Answer: A. LSB 28-29.
15. Which of the following is not an example of substantive law?
A. The law of Torts
B. The law of Contracts
C. Procedural Law
D. Employment Law
E. Corporate Law - Answer -Answer: C. Lecture, LSB 25, Barron's page 16-17,
Supplemental Information Item
about Substantive versus Procedural Law - Track and Field Example.
16. Each of the following countries practice common law except?
A. Canada
, B. Kenya
C. Japan
D. New Zealand
E. India - Answer -Answer: C. Lecture, LSB 23, Barron's page 7.
17. Which philosopher held the view that law exists to restrain people?
A. Charles de Secondant
B. John Locke
C. Montesquieu
D. Thomas Hobbes
E. Sir William Blackstone - Answer -Answer: D. LSB 4-5.
18. True or False: Very influential in the development of the U.S. Constitution, Charles
de
Secondant, known as Montesquieu, wrote Spirit of the Laws, considered the best
statement of common law as it existed when the U.S. became an independent nation. -
Answer -Answer: False. LSB 4-5, 31. Blackstone did that. While Montesquieu published
The
Spirit of Laws, which "helped spur the writing of constitutions throughout the world,
including the U.S. Constitution" this is NOT the same thing as common law.
19. True or False: John Locke promoted freedom and his ideas were influential in the
development of the U.S. Constitution. - Answer -Answer: TRUE. LSB 5, Lecture.
20. This code of law stated three things: rule should be held by the people, that the law
must depend upon the consent of the governed, and that the law is adaptable.
A. Code of the Babylonian Ruler, Hammurabi
B. Code of the Roman Emperor Justinian
C. Code of the Athenian Lawgiver, Solon
D. The Napoleonic Code
E. The "Magna Carta" of New York - Answer -Answer: C. Lecture. LSB 12, Barron's
page 6.
21. True or False: The common law mainly originated from a long series of decrees by
kings and/or other high executive officeholders. - Answer -Answer: FALSE. LSB 13.
The origins of common law are found in England and the
overall accumulation of judicial decisions (precedent). William Blackstone wrote about
and commented on the common law in a great work published in 1769, but the common
law arose several centuries earlier.
22. While waiting for a stop light in beautiful rural Florida, Tom realizes that the traffic
light is broken and may never change to green. Tom continues to wait even though no
cars are coming. Which is most likely?
A. Tom is a Legal Realist
B. Tom feels obligated to wait because of the theory of Natural Law
C. Tom is a Positivist
