BUL 4310 EXAM 1 PRACTICE QUESTIONS &
ANSWERS
When Sara stole an apple from the grocery store, her mother made her return it. Sara
complained that it was just one apple and the store would not notice. Her mother
explained that if she began stealing apples, she would soon move on to stealing bigger
things and start leading a dangerous life. Her mother said she would end up in jail
because she would eventually get caught and she would live the rest of her life in a cell.
Her mother is using the/a: - Answer -slippery slope argument
Brown v. Board of Education dealt most closely with which amendment to the U.S.
Constitution? - Answer -14th
We have, in the United States, constitutional amendments. - Answer -27
Choose the True statement: - Answer -John Locke promoted freedom and his ideas
were influential in the development of the U.S. Constitution.
Which of the following has the oldest Constitution that is still in effect today? - Answer -
massachusetts
Choose the False statement: - Answer -The penumbras of the Constitution allow for the
national laws to apply to state
cases as well.
The Sixth Circuit Court of Appeals just completed hearing arguments and was in the
process of writing the opinion for the case. The court relied on established precedents in
its circuit to write the opinion and hand down the order. This is an example of the court
utilizing what system of law? - Answer -common law
Judge Moreno, a state trial court judge in Florida, decides the case that she is hearing
by relying upon a recent Florida Supreme Court opinion as the basis for her ruling. This
is an example of _________. - Answer -case law
Steven is 16 years old. On Saturday, May 2nd, Steven drove over to his father's house
at 9:30 PM to watch a movie. On Tuesday, May 5th, Florida makes it illegal for a minor
to drive after 8:30 PM, unless it is to or from the minor's employment. Steven is arrested
on Thursday, May 7th. If the charges are dismissed, it is most likely because of what? -
Answer -this is an ex post facto law
Rights under the 6th amendment include all of the following except the right to: -
Answer -select the prosecutor
,Panem was founded on the idea that law should provide stability, order, and security.
The people of Panem agreed to relinquish all of their rights to the state. Panem
founders thought people's most basic considerations were inherently selfish and people
are NOT naturally social beings. Which philosopher would agree with Panem founders?
- Answer -Thomas Hobbes
Choose the False statement: - Answer -Dicta, commonly referred to as the "holdings"
of cases, are propositions that are decided by a court when it is determining what the
rule of law should be.
What does the doctrine of precedent mean? - Answer -Judges must apply the law set
out in the relevant decisions of higher courts in the
same jurisdiction and sometimes courts of the same standing (level) in the same
jurisdiction.
In order for a common law judge to make a decision, what helps him find the law he/she
must apply? - Answer -Stare Decisis
Which of the following is not an example of substantive law? - Answer -Procedural law
Choose the True statement: - Answer -To distinguish a case and to label language in a
judicial decision, as "dicta" are both methods of avoiding an unfavorable precedent.
Jon was asked by his plaintiff-team to retrieve a Red Fire Truck case that would support
the team's argument. Jon had just gotten out of law school three weeks earlier and was
unsure what a Red Fire Truck case is. So, he asked his lawyer friend for help telling him
what a Red Fire Truck case is. Which of the following explanation would Jon's friend
give to Jon (assuming the friend knows what he is talking about)? - Answer -In order to
prevent the defense from stating that the case used by the plaintiff-team to support its
argument did not match the case at hand, a Red Fire Truck case is needed.
Which of the following is not an example of a situation that does not involve private law?
- Answer -Bobby owns a tattoo shop. Florida recently enacted a law that places
restrictions on a person's ability to get a tattoo. Bobby brings suit and alleges that the
law interferes with people's right to expression.
Sarah and her husband are going through a divorce. She pays a hefty retainer to hire a
well-dressed lawyer who excels in theatrics. Her strategy is to hire the lawyer most likely
to sway the jury to her side. When Sarah arrives in court, she realizes that her plan
turned out to be a failure as there is only a judge and no jury. What type of system is
Sarah in? - Answer -Equity
Choose the True statement: - Answer -The United States uses a common law judicial
system, where the understanding of the law is developed through a progression of
judicial rulings
,Philosopher I was an optimist. He saw Law as an instrument to help people do what
they desired. He lived in the Age of Enlightenment, and his writings had a great
influence on the founding fathers of the United States. Philosopher II served on the
board of directors at a hospital, and when he died reputedly only included the hospital in
his will if it would keep him as a "member" of the board? Philosopher III, while mired in
the midst of a bloody civil war, said that life is "short, nasty, poor, and brutish." Please
identify these three philosophers. - Answer -I - John Locke; II - Jeremy Bentham; III -
Thomas Hobbes
Examine the following sentence and citation: The court held that the exemption "can be
invoked to stop the release of documents not originally created for law enforcement
reasons." Jane Dee Agency v. Jane Dee Corp., 123 U.S. 232, 246-47 (1987) (Stevens,
J., dissenting). Where in the opinion can the quoted section be found? - Answer -Pages
246-247
Under the doctrine of stare decisis: - Answer -A lower court must uphold decisions
reached by higher courts of appeal (from that same jurisdiction and from the Supreme
Court).
Josh and Meg are siblings and like to prank each other. One day, Meg puts hair dye in
Josh's shampoo. Josh decides to get back at her and places body paint in Meg's soap.
This is an example of what? - Answer -Lex talionis
Murdock was a daredevil and loved the adrenaline of stunts, but his neighbors quickly
grew tired of his antics. After his last stunt involving fireworks and an explosion in his
backyard, his neighbors decided to support a proposed law. The law would, at last,
specifically make it illegal to do stunts in residential backyards. The next day, after the
law passed, Murdock is served a summons. True or False: Since Murdock violated the
newly formed law, he can be found guilty. - Answer -False, because it was not illegal at
the time he did the stunt.
Mr. Holmes was drafting the Constitution for his new country, Baskervilles. Tyranny was
rampant in the country where Mr. Holmes previously lived, so Mr. Holmes wanted
Baskervilles to be a country that supported freedom. Therefore, he decided that the
Baskervilles government should have a separation of powers as well as checks and
balances in order to help preserve political liberty. Which philosopher would agree with
the ideals upon which Mr. Holmes founded Baskervilles? - Answer -Montesquieu
Robert and his neighbor were in court over an incident involving two chickens, a
brownie, and a wood chip blower. Robert was certain that the facts would support his
case. When the judge ruled, she found Robert liable based on the state supreme court's
decision in another case also involving two chickens, a brownie, and wood chip blower.
Robert was shocked.
What principle did the judge follow? - Answer -Stare decisis
, Cole is not a fan of a recently passed alw. He believes it is morally wrong and has tried
to convince the government to void the statute. His attempts fail, and Cole decides to
protest the law by breaking it. This is an example of: - Answer -Civil disobedience
Which of the following examples best demonstrates the fundamental principle that the
rule of law must be enforced in order to have meaning? - Answer -Judge Huck heard a
case concerning a breach of contract issue. The law in his state was that all contractual
ambiguities are interpreted against the drafter of the contract. Judge Huck applied this
law in coming to his decision on the alleged breach of contract.
Administrative, constitutional, criminal, and tax law are all examples of what kind of law?
- Answer -public
A court system in which cases are decided based on the decisions of previous cases
would most likely be found in which of the following countries? - Answer -New Zealand
Rachel agrees to babysit for Trenton on Friday in exchange for $75. Rachel babysits on
Friday, but Trenton refuses to pay her. Rachel sues Trenton for breach of contract.
Which category of law does this situation fall under? - Answer -Private Law
Alan and Nick are arguing about the different codes of law. Nick's main argument is that
law is not God-given--rulers should also have to obey the law. What code of law serves
as the earliest (oldest) basis for Nick's argument? - Answer -Code of Solon
Under the commerce clause _________________ - Answer -Judges could strike down
state laws that interfered with the free flow of interstate commerce, even if they did not
conflict with an actual federal statute.
A federal law has recently been passed. The federal law prevents the disclosure of
personal financial information in litigation unless there is a compelling public interest
which is served by such disclosure. A state seeks to pass a state law which would
further regulate the disclosure of personal financial information in litigation. Which of the
following laws could a state pass? - Answer -A state seeks to pass a law which extends
the privacy protection offered under
federal law to require a four-part balancing test to determine whether the disclosure of
personal financial information in litigation satisfies a compelling public interest.
Angela is the governor of Alabama. Angela recently implemented a new state law on
foreign policy applicable exclusively within the Alabama border. Rachel, a resident of
Alabama, files a case in Alabama federal court questioning the constitutionality of this
new law. Is it constitutional? Why or why not? - Answer -No, it is not constitutional. The
states do not have jurisdiction over foreign policy.
Michael was arrested for financial abuse of the elderly. As soon as Michael saw the
officer he yelled, "you'll never find the money!" When the police officer was placing him
in cuffs the officer said, "you have the right to remain silent. Anything you say may be
ANSWERS
When Sara stole an apple from the grocery store, her mother made her return it. Sara
complained that it was just one apple and the store would not notice. Her mother
explained that if she began stealing apples, she would soon move on to stealing bigger
things and start leading a dangerous life. Her mother said she would end up in jail
because she would eventually get caught and she would live the rest of her life in a cell.
Her mother is using the/a: - Answer -slippery slope argument
Brown v. Board of Education dealt most closely with which amendment to the U.S.
Constitution? - Answer -14th
We have, in the United States, constitutional amendments. - Answer -27
Choose the True statement: - Answer -John Locke promoted freedom and his ideas
were influential in the development of the U.S. Constitution.
Which of the following has the oldest Constitution that is still in effect today? - Answer -
massachusetts
Choose the False statement: - Answer -The penumbras of the Constitution allow for the
national laws to apply to state
cases as well.
The Sixth Circuit Court of Appeals just completed hearing arguments and was in the
process of writing the opinion for the case. The court relied on established precedents in
its circuit to write the opinion and hand down the order. This is an example of the court
utilizing what system of law? - Answer -common law
Judge Moreno, a state trial court judge in Florida, decides the case that she is hearing
by relying upon a recent Florida Supreme Court opinion as the basis for her ruling. This
is an example of _________. - Answer -case law
Steven is 16 years old. On Saturday, May 2nd, Steven drove over to his father's house
at 9:30 PM to watch a movie. On Tuesday, May 5th, Florida makes it illegal for a minor
to drive after 8:30 PM, unless it is to or from the minor's employment. Steven is arrested
on Thursday, May 7th. If the charges are dismissed, it is most likely because of what? -
Answer -this is an ex post facto law
Rights under the 6th amendment include all of the following except the right to: -
Answer -select the prosecutor
,Panem was founded on the idea that law should provide stability, order, and security.
The people of Panem agreed to relinquish all of their rights to the state. Panem
founders thought people's most basic considerations were inherently selfish and people
are NOT naturally social beings. Which philosopher would agree with Panem founders?
- Answer -Thomas Hobbes
Choose the False statement: - Answer -Dicta, commonly referred to as the "holdings"
of cases, are propositions that are decided by a court when it is determining what the
rule of law should be.
What does the doctrine of precedent mean? - Answer -Judges must apply the law set
out in the relevant decisions of higher courts in the
same jurisdiction and sometimes courts of the same standing (level) in the same
jurisdiction.
In order for a common law judge to make a decision, what helps him find the law he/she
must apply? - Answer -Stare Decisis
Which of the following is not an example of substantive law? - Answer -Procedural law
Choose the True statement: - Answer -To distinguish a case and to label language in a
judicial decision, as "dicta" are both methods of avoiding an unfavorable precedent.
Jon was asked by his plaintiff-team to retrieve a Red Fire Truck case that would support
the team's argument. Jon had just gotten out of law school three weeks earlier and was
unsure what a Red Fire Truck case is. So, he asked his lawyer friend for help telling him
what a Red Fire Truck case is. Which of the following explanation would Jon's friend
give to Jon (assuming the friend knows what he is talking about)? - Answer -In order to
prevent the defense from stating that the case used by the plaintiff-team to support its
argument did not match the case at hand, a Red Fire Truck case is needed.
Which of the following is not an example of a situation that does not involve private law?
- Answer -Bobby owns a tattoo shop. Florida recently enacted a law that places
restrictions on a person's ability to get a tattoo. Bobby brings suit and alleges that the
law interferes with people's right to expression.
Sarah and her husband are going through a divorce. She pays a hefty retainer to hire a
well-dressed lawyer who excels in theatrics. Her strategy is to hire the lawyer most likely
to sway the jury to her side. When Sarah arrives in court, she realizes that her plan
turned out to be a failure as there is only a judge and no jury. What type of system is
Sarah in? - Answer -Equity
Choose the True statement: - Answer -The United States uses a common law judicial
system, where the understanding of the law is developed through a progression of
judicial rulings
,Philosopher I was an optimist. He saw Law as an instrument to help people do what
they desired. He lived in the Age of Enlightenment, and his writings had a great
influence on the founding fathers of the United States. Philosopher II served on the
board of directors at a hospital, and when he died reputedly only included the hospital in
his will if it would keep him as a "member" of the board? Philosopher III, while mired in
the midst of a bloody civil war, said that life is "short, nasty, poor, and brutish." Please
identify these three philosophers. - Answer -I - John Locke; II - Jeremy Bentham; III -
Thomas Hobbes
Examine the following sentence and citation: The court held that the exemption "can be
invoked to stop the release of documents not originally created for law enforcement
reasons." Jane Dee Agency v. Jane Dee Corp., 123 U.S. 232, 246-47 (1987) (Stevens,
J., dissenting). Where in the opinion can the quoted section be found? - Answer -Pages
246-247
Under the doctrine of stare decisis: - Answer -A lower court must uphold decisions
reached by higher courts of appeal (from that same jurisdiction and from the Supreme
Court).
Josh and Meg are siblings and like to prank each other. One day, Meg puts hair dye in
Josh's shampoo. Josh decides to get back at her and places body paint in Meg's soap.
This is an example of what? - Answer -Lex talionis
Murdock was a daredevil and loved the adrenaline of stunts, but his neighbors quickly
grew tired of his antics. After his last stunt involving fireworks and an explosion in his
backyard, his neighbors decided to support a proposed law. The law would, at last,
specifically make it illegal to do stunts in residential backyards. The next day, after the
law passed, Murdock is served a summons. True or False: Since Murdock violated the
newly formed law, he can be found guilty. - Answer -False, because it was not illegal at
the time he did the stunt.
Mr. Holmes was drafting the Constitution for his new country, Baskervilles. Tyranny was
rampant in the country where Mr. Holmes previously lived, so Mr. Holmes wanted
Baskervilles to be a country that supported freedom. Therefore, he decided that the
Baskervilles government should have a separation of powers as well as checks and
balances in order to help preserve political liberty. Which philosopher would agree with
the ideals upon which Mr. Holmes founded Baskervilles? - Answer -Montesquieu
Robert and his neighbor were in court over an incident involving two chickens, a
brownie, and a wood chip blower. Robert was certain that the facts would support his
case. When the judge ruled, she found Robert liable based on the state supreme court's
decision in another case also involving two chickens, a brownie, and wood chip blower.
Robert was shocked.
What principle did the judge follow? - Answer -Stare decisis
, Cole is not a fan of a recently passed alw. He believes it is morally wrong and has tried
to convince the government to void the statute. His attempts fail, and Cole decides to
protest the law by breaking it. This is an example of: - Answer -Civil disobedience
Which of the following examples best demonstrates the fundamental principle that the
rule of law must be enforced in order to have meaning? - Answer -Judge Huck heard a
case concerning a breach of contract issue. The law in his state was that all contractual
ambiguities are interpreted against the drafter of the contract. Judge Huck applied this
law in coming to his decision on the alleged breach of contract.
Administrative, constitutional, criminal, and tax law are all examples of what kind of law?
- Answer -public
A court system in which cases are decided based on the decisions of previous cases
would most likely be found in which of the following countries? - Answer -New Zealand
Rachel agrees to babysit for Trenton on Friday in exchange for $75. Rachel babysits on
Friday, but Trenton refuses to pay her. Rachel sues Trenton for breach of contract.
Which category of law does this situation fall under? - Answer -Private Law
Alan and Nick are arguing about the different codes of law. Nick's main argument is that
law is not God-given--rulers should also have to obey the law. What code of law serves
as the earliest (oldest) basis for Nick's argument? - Answer -Code of Solon
Under the commerce clause _________________ - Answer -Judges could strike down
state laws that interfered with the free flow of interstate commerce, even if they did not
conflict with an actual federal statute.
A federal law has recently been passed. The federal law prevents the disclosure of
personal financial information in litigation unless there is a compelling public interest
which is served by such disclosure. A state seeks to pass a state law which would
further regulate the disclosure of personal financial information in litigation. Which of the
following laws could a state pass? - Answer -A state seeks to pass a law which extends
the privacy protection offered under
federal law to require a four-part balancing test to determine whether the disclosure of
personal financial information in litigation satisfies a compelling public interest.
Angela is the governor of Alabama. Angela recently implemented a new state law on
foreign policy applicable exclusively within the Alabama border. Rachel, a resident of
Alabama, files a case in Alabama federal court questioning the constitutionality of this
new law. Is it constitutional? Why or why not? - Answer -No, it is not constitutional. The
states do not have jurisdiction over foreign policy.
Michael was arrested for financial abuse of the elderly. As soon as Michael saw the
officer he yelled, "you'll never find the money!" When the police officer was placing him
in cuffs the officer said, "you have the right to remain silent. Anything you say may be
