Business Law Exam 1(2025 Version) Tested Questions and Accurate Answers Guaranteed score A.

Business Law Exam 1(2025 Version) Tested Questions and Accurate Answers Guaranteed score A. 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 wouldn't notice. Her mother explained that if she began stealing apples, she would soon move on to bigger things to steal and start leaving a dangerous life. Her mother said she would end up in jail because she would eventually be caught and she would live the rest of her life in a cell. Her mother is using the/a: Slippery slope argument Brown v. Board of Education dealt most closely with which amendment to the U.S. Constitution? 14th We have, in the United States, ___________ constitutional amendments. 27 True or False: The U.S. Constitution is not only the oldest national constitution in the world that is still in effect, but it is also one of the longest constitutions. False True or False: William Howard Taft was the Chief Justice of the Supreme Court after he had been President of the United States. True True or False: The Slippery Slope approach has proven to be unconstitutional. False Which state has the oldest Constitution that is still in effect today: Massachusetts True or False: In general, Miranda requirements have resulted in a decline in the prosecutorial function as evidenced by rates of convictions in the American criminal justice system. True True or False: The U.S. Constitution's brevity is an important reason why it has lasted so long. True True or False: John Hanson was the first president of an independent United States, although not the first president with any meaningful powers; that president, George Washington, came a few years later, upon the ratification of the U.S. Constitution, which replaced the Articles of Confederation. True True or False: The penumbras of the Constitution allow for the national laws to apply to state cases as well. False Rights under the 6th amendment include all of the following except the right to: A) A trial B) Select the prosecutor C) Information D) Confront witnesses E) A lawyer B) Select the prosecutor True or False: Voir dire is the process of a lawyer hand picking whom he/she wants on the jury. False True or False: The majority of state civil cases are tried before a jury. False Adrienne is a lawyer in a case reviewing potential jurors. Adrienne decides to dismiss Christina as a possible juror ONLY because Christina is a female. She can't do that Jen is on trial for involuntary manslaughter. The jury refuses to follow the jury instructions and decides to return a verdict of not guilty. The jury's rationale is that it did not want to send such a young girl to prison. The jury is exercising its right to jury nullification. True or False: Juries were once available only at common law. In equity, cases were decided by a chancellor, without a jury. Today, however, equity and common law claims have combined, and a jury is used for both common law claims and equity issues. This is true except for the last phrase - the jury still cannot resolve the equity part of a case. That part of a combined case must still be decided by the judge even when a jury is present for the common law portion. True or False: Despite the fact that the defendant's actions were unquestionably unlawful, the jury refused to convict him because the jurors believe the defendant acted to avoid imminent bodily harm, which is a defense in the criminal law. The jury's decision against conviction is called jury cancellation. False- Jury Nullification True or False: When the late Michael Jackson was on trial, there was a lot of difficulty gathering a jury. That is because Michael Jackson was such a unique person and - under the Constitution - he was entitled to a jury of people similar to Michael Jackson. False True or False: For summoning jurors, Florida uses Drivers Licenses and Voter Registration records. False At many points in American history, juries have refused to convict even when a defendant's actions are unquestionably unlawful; the jury refused to convict because it apparently believed that the law was unjust. What is this called? Jury Nullification True or False: Voir dire is the jury selection process. It is a tool for lawyers to get information through questionnaires, and then through directly asking the potential jurors the questions. Judges can ask as well; in fact, in federal cases, the judges do most of the questioning. True True or False: Peremptory challenges available during jury selection allow a lawyer to exclude a potential juror without cause, regardless of the lawyer's underlying motivation for excluding the person. False, cannot discriminate based on race, sex, religion, etc. True or False: Use of juries is much more common in the United States than in most other countries in the world, with a majority of disputes in the United States that get to trial being heard before a jury. False. It is true that the use of juries is much more common in the U.S, but the majority of disputes do not get heard before a jury. True or False: In some states, the jury deliberations of high profile cases tend to be published after the court case is over. False 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. False Common law is distinct from the Civil Law (Code system - the Roman Law). In judge- made 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. A) Nowadays, the common law is found principally in English speaking countries. 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)Callahanv.FirstCongregationalChurchofHaverhill,301N.E.2d808(Mass.2004). C) Callahan v. First Congregational Church of Haverhill, 808 N.E. 2d 301 (Mass. 2004). Shrek, a law student, is doing research about court cases in a faraway 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 the 300th edition of Northeastern Reports. D) Farquad, the Defendant, was likely sued by Fiona, the plaintiff, and a decision was reported in 2004. This case was published in the 2nd edition of Northeastern Reports. E) Shrek can only assume that Farquad sued Fiona in the state of NewYork. 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. 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 B. Contract law equals private law. Tax law, constitutional law, administrative law, and criminal law are all examples of public law because they deal with relationships between individuals and the government. Private law, on the other hand, is a branch of the law that deals with the relations between individuals or institutions, rather than relations between these and the government. "We can describe contracts as a type of private (consensual) law made by the parties themselves. A contract is a legally enforceable agreement: something that will be enforced by a court." True or False: Ethics is more likely to influence law rather than vice-versa. True 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. True, Stare decisis is Latin for "let the decision stand." 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? Yes. This statement is enforceable and if the person is caught, he/she will be punished. 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) overjustification C) lex talionis D) petty impartiality E) acquittal C) lex talionis, law of impartial punishment 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 Montesquieu () was a great legal and political philosopher. He believed that political liberty involves separating the legislative, executive, and judicial powers of government. Montesquieu's concepts helped to "spur the writing of constitutions throughout the world, including the U.S. Constitution." Perhaps his most notable idea is the notion of checks and balances as well as the separations of powers concept, ideas which Montesquieu propounded and the Founding Fathers adopted. 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 D) The Justinian Code 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 D) Stare Decisis Common law judges have more of a role developing the law than do Civil Law judges; but - as part of an adversarial system - common law judges usually have less of a role finding and developing the facts in a case than do Civil Law judges presiding under an inquisitorial system. The common law is found almost exclusively in English-speaking countries. It involves the use of stare decisis (precedent) when a case is from the same jurisdiction and is, in fact, a precedent. True or False: Utilitarians believe that we should criticize institutions, ideas and actions based upon their overall well-being. False True or False: The Law and Economics school holds that a person can almost always reduce a case or law to economic analysis. True 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 C) Procedural Law The best way to answer this question is to know the definition of both substantive law and procedural law. Substantive law is the law that defines legal relations, rights, and obligations. Procedural law is a means of enforcing substantive law. Therefore, based on the definition, tort law, contract law, employment law, and corporate law all classify as substantive law while procedural law does not. Each of the following countries practice common law except? A) Canada B) Kenya C) Japan D) New Zealand E) India Japan Common Law is mostly used in English-speaking countries and countries that have been colonized by the British or have a large English-speaking presence. 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 D) Thomas Hobbes Thomas Hobbes witnessed the religious wars in Europe which caused him to have a pessimistic view on life and human nature. He believed that only one law prevailed "every man is a wolf to every other man." He defined law as a social construct that should provide stability, order, and security (AKA Law is Order). People relinquish all of their rights to the state, with an emphasis upon social controls - restraining people's "base instincts." 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. False Blackstone did that. Montesquieu published The Spirit of Laws, which "helped spur the writing of constitutions throughout the world, including the U.S. Constitution." However, this is NOT the same thing as common law. True or False: John Locke promoted freedom and his ideas were influential in the development of the U.S. Constitution. True John Locke believed that people gave up some right to the government. However, the people did not give up all rights-- they retained inalienable rights. 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 C) Code of the Athenian Lawgiver, Solon The code of Solon was extremely important around 594 B.C. It essentially stated that law did not come from the gods and was therefore changeable and adaptable. Prior to this, the laws came from the gods and was therefore difficult - nearly impossible - to change. True or False: The common law mainly originated from a long series of decrees by kings and/or other high executive officeholders. False 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. 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 D) Tom believes in Utilitarianism E) Tom fears an investigation by huissiers. C) Tom is a Positivist Sabrina is accused of being a witch. In court, Julian testified that Sabrina had used black magic to put a curse on his ability to grow hair. When in court, the judge forces Sabrina to lie on the ground and ties her hands up with a rope. He then begins to question and accuse her of being a witch and begins to torture her whenever she denies the accusations. The reality is that Sabrina is a mortal and is being falsely accused by Julian and the judge. According to lecture, what system of law does this scenario depict? A) Civil law B) Commonlaw C) Criminallaw D) Adversarial E) Inquisitorial E) Inquisitorial True or False: The inquisitorial system puts the burden of developing all the facts of the case on those with the most interest in the case. False That is the adversarial system. True or False: Code is a word, which in common law both is a collection of statutes and refers to a collection of enactments by Congress and/or state legislatures. True Code, in the common law, refers to a collection of statutes enacted by legislative bodies, including Congress and state legislatures. In other words, a Code is a collection of laws into a single, organic whole. Obviously, in the Civil Law sense it may refer to the Justinian Code and, more generally, a national body of laws. True or False: According to American legal history, overcoming stare decisis is a common practice by the lower courts. False Since the whole concept of stare decisis is to set precedents, it is difficult to overcome. There are a few arguments that can be used to overcome stare decisis: (1) changed times (e.g., business practices); (2) changed attitudes (society) and norms; (3) new technology and science; (4) error in the prior case; (5) conflicting precedents; and (6) changes in statutes. True or False: Common law judges usually have more of a role developing the law than do Civil Law judges; but common law judges usually have less of a role finding and developing the facts in a case. True True or False: The Code of Hammurabi was not the first code. True The Code of Hammurabi was not the first recorded code of law, but it built upon what had gone before it in ancient Mesopotamia. For example, in about 1860 B.C., a few generations before Hammurabi's Code, there was the Sumerian Code of Lipit-Ishtar. Both Prof and Skippy, men in their 40s, are married; also, they have three children each. Gil is a teenager and unmarried. Prof, Skippy, and Gil took a three- hour tour in a motorboat. The weather started getting rough. Because Prof, Skippy, and Gil ran out of gas before they could return home, their boat landed on an uncharted island. Gil was hungry, so he ate the leaves of a plant he found. The plant turned out to be poisonous, and Gil became seriously ill. Prof tried to take care of Gil, but surmised that Gil would not survive long. Meanwhile, Skippy looked all over the island, but could find only a single coconut. Skippy suggested to Prof that they let Gil eat the coconut and drink its milk. Skippy thought that they had a duty to help Gil. Prof thought that he and Skippy should split the coconut since Gil had the least chance of surviving. Which of the following is false? A) Bentham would be more likely to agree with Prof than Rawls would be. B) Kant would agree with Skippy. C) Prof's view is lex talionis against Gil. D) Skippy appeals to natural law. E)Prof's view is utilitarian. C) Prof's view is lex talionis against Gil. True or False: Every state in the United States bases its legal system entirely on common law. False Louisiana uses a mixture of part common law and part based on the French codes Robert and his neighbor, Max, 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 a wood chip blower. Robert was shocked. In this case, what principle did the judge follow? A) Statue (Code) B) Habeas Corpus C) Stare Decisis D) Procedural Law E) Substantive Laws C) Stare Decisis Stare decisis is Latin for "let the decision stand." Stare decisis distinguishes the common law from civil law system and binds all of the lower courts of a jurisdiction to determinations rendered by the highest court in that same jurisdiction. Jon was asked by his plaintiff-team to retrieve a Red Fire Truck case that would support their 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 that the friend knows what he is talking about)? A) In order to prevent the defense from stating that the case used by the plaintiff-team to support their argument didn't match the case at hand, a Red Fire Truck case is needed. B) The case the plaintiff-team is dealing with involves a Red Fire Truck, another case involving a Red Fire Truck is need to support their argument. C) A Red Fire Truck case refers to a case that is imperative to the final decision given by the judge. Thus Jon is looking for a case that will help the plaintiff win the final judgment. D) Because of Jon's inexperience, the plaintiff-team has given Jon a separate case that isn't relevant to the main case, thus called a Red Fire Truck case. E) None of the above A) In order to prevent the defense from stating that the case used by the plaintiff-team to support their argument didn't match the case at hand, a Red Fire Truck case is needed. John Rawls spoke of a veil of ignorance in reference to: A) Creating a society whereby everyone fends for himself B) Being unaware of the consequences of your actions C) Being unaware of the consequences of others' actions D) Creating an egalitarian society E) A society where everyone (or almost everyone) does what is morally correct D) Creating an egalitarian society 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? A) Common Law B) Procedural Law C) Substantive Law D) Equity E) Civil Law D) Equity If you dismiss a juror candidate during voir dire because of her television viewing habits, you probably follow this legal philosophy: A) Egalitarianism B) Cultivation Theory C) CLS D) Law and Economics E) Teleological concepts B) Cultivation Theory Cultivation Theory; That people - through their culture - acquires certain concepts about the law and legal processes. It is an aspect of legal realism. True or False: In the United States legal system, counties have sovereignty. False As discussed in class, U.S. states have sovereignty, but counties do not. 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. A) I - Thomas Hobbes; II - Oliver Wendell Holmes Jr.; III - John Locke B) I - Oliver Cromwell; II - George Bernard Shaw; III - Oliver Wendell Holmes, Jr. C) I - John Locke; II - Jeremy Bentham; III - Thomas Hobbes D) I - Oliver Wendell Holmes, Jr.; II - Immanuel Kant; III - Aristotle E) I - Aristotle; II -Thomas Hobbes; Niccolo Machiavelli C) I - John Locke; II - Jeremy Bentham; III - Thomas Hobbes True or False: Common law is referred to as "case law" and is based on attempts to establish a body of legal rules in a single systemized code. False True or False: Legal Realism is the idea that members of society should follow the rules because to do otherwise risks anarchy. False True or False: How judges apply the law to specific disputes may depend in part on their personal philosophical views. Therefore, a proponent of the Historical School of jurisprudence may decline to move away from past rules because of his/her hesitance to move away from time tested methods, while a proponent of Positivism will follow that theory of law and thus weigh the costs and benefits to all parties involved before rendering a decision. Yet, the decisions each reaches may be the same. False Wrong definition for Positivism (that's really the definition for Utilitarianism). True or False: The Adversarial Approach is used by most Civil Law nations; in this system, judges develop the law. False In 1998, the Alabama legislature amended a statute that prohibited the sale of sex toys in the state. Your friend Sherrie, a Montgomery, Alabama resident, owns a store in Birmingham, Alabama, where she sells sex toys. She tells you, "The Alabama law is unconstitutional because the U.S. Constitution protects the fundamental right to privacy." Sherrie's argument involves: A) Critical Legal Studies B) Utilitarianism C) Positivism D) Natural Law E) Law and Economics C) Positivism Positivists believe that the law is what the State has posited (what it has stated, put forth). The law is thus the command of a governing authority. LSB 37-38. Sherrie's argument involves positivism because the argument relies on the protection of the right to privacy that the Supreme Court has read into the U.S. Constitution (the "supreme law of the land") for support. True or False: To distinguish a case and to label language in a judicial decision, as "dicta" are both methods of avoiding an unfavorable precedent. True If one wants to avoid an unfavorable precedent, to distinguish a case is a way to get around said precedent, not overturn it. The case at hand is not similar enough to the precedent to use it as a judgment. Second, "dicta" - in specific, obiter dicta - refers to the non-binding words associated with the judicial decision. It is just the explanations or commentary and therefore not binding. True or False: When trying any case, it is important to understand the differing theories of law, because judges usually adhere to the same theory when considering the law to apply in a case. If you know the differing theories and you know which theory a particular judge has followed in the past, then you can use this information to accurately predict the outcome of your case. False Judges may adopt more than one theory to determine the outcome of a case. True or False: The Vikings played a significant part in the origins of the English jury system. True True or False: "The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law" is a definition of law that has been attributed to Cicero, St. Thomas Aquinas, and/or John Locke. False This is Oliver Wendell Holmes, Jr.'s definition of the law. True or False: The phrase "an eye for an eye, a tooth for a tooth" best describes the Latin phrase quid pro quo, also known as the law of retaliation. False Lex talionis is the law of retaliation and is described in the Hammurabi Code as "an eye for an eye, a tooth for a tooth." Quid pro quo means "this for that," "something for something." This is not the same as retaliation. Administrative, constitutional, criminal, and tax law are all examples of what kind of law? Pick the best answer. A) Private B) Public C) Civil D) Case E) Code B) Public Tax law, constitutional law, administrative law, and criminal law are all example of public law because they deal with relationships between individuals and the government. Public law affects society as a whole. The Uniform Commercial Code (UCC) is an example of what type of law? A) Case law B) Statutory law C) Federal law D) Administrative law E) Intellectual Property law B) Statutory Law Statutory law is based on statutes. Examples include some criminal, administrative, employment, labor, and commercial law (e.g., the UCC - Uniform Commercial Code). The Uniform Commercial Code Article 2 establishes the law for a sale of goods within the United States' fifty states. These laws are put in place to harmonize these sales of goods and commercial transaction. True or False: Adversarial lawyers have a personal stake in the case (fees, reputation), more so than controlling inquisitorial magistrates. True Inquisitorial and adversarial and common law and civil law systems. Enrique Iglesias is walking down the street and suddenly is swarmed by a mob of fans trying to get an autograph. Enrique tries to run away but out of nowhere a crazed fan, in her car, runs over Enrique's foot. Enrique can never use his foot again, stopping him from performing beautiful music for his adoring fans on stage. Angrily, Enrique grabs his car keys, and then he runs over the crazed fan's foot. This is an example of the ______________. A) Code of Solomon B) Lex Talionis C) Napoleonic Code D) Code of Justinian E) Code of Emerson B) Lex Talionis Lex Talionis is the law of retaliation, whereby a punishment resembles the offense committed in kind and degree. Also known as "an eye for an eye." The Code of Hammurabi says, "If a man destroy the eye of another man, they shall destroy his eye." "If he breaks a man's bone, they shall break his bone." In this case, if a person breaks Enrique's foot, Enrique will break their foot. True or False: Neither self-defense nor insanity were successful defenses for either Dudley or Stephens. True True or False: Legal realists believe that most violations of the positive law are morally correct. False True or False: As demonstrated by laws about slavery, sexual harassment, and drunk driving, ethics influences laws more than laws influence ethics. True The laws about slavery, sexual harassment, and drunk driving all warrant an emotional response from individuals. In these specific laws and some others, ethics or "morality is more likely to influence law than vice-versa." The moral viewpoints behind these laws created a change in the law. The opposite, laws influence morality, occurs less often. True or False: The inquisitorial system is commonly used in common law nations, while the adversarial system is used in civil law nations. False Other way around True or False: China, France and Japan have a unitary form of government - centralized with the national government as the true zone of power and where the local authorities have little, if any, power. True Dwight, a resident of Florida, believes that he has been wrongfully harmed by Jim in an automobile accident. The accident took place in Dwight's home state, and when he is researching online to see if he has a case to successfully sue Jim, he comes across a similar case that took place in North Carolina. If Dwight sues Jim in Florida and uses this case to prove Jim's wrongdoing, the judge probably would: A) Agree with Dwight that the case in North Carolina establishes precedent, and thus the judge must rule on Dwight's behalf B) Agree with Dwight that the case in North Carolina establises precedent, and thus the C) judge will have the case tried in North Carolina D) Use the North Carolina case as guidance, although the judge would be free to establish his/her own decision. E) Use the North Carolina case as guidance and use stare decisis to overturn it F) None of the Above D) Use the North Carolina case as guidance, although the judge would be free to establish his/her own decision. The United States uses a common law judicial system, where the understanding of the law is developed through a progression of judicial rulings True The Adversarial Approach to fact-finding and the justice system (e.g. trials) is prevalent only in the United States. False The Adversarial Approach is prevalent in most Common Law nations, including some countries in Asia and Africa, such as Israel and South Africa. In practical effect, the only cases in England that a jury may decide are criminal cases. True The Articles of Confederation were proposed national rules for governing the former colonies during the 1780s; before the Articles came into effect, however, the U.S. Constitution was ratified. False The Unitary System (concerning sovereignty) is the most prevalent legal system in use worldwide. True Prosecutors frequently run background checks on citizens during jury selection. True "Because some people fail to give the required information prosecutors will frequently run criminal background checks to prevent convicted felons from ending up on a jury." Assume that W would be a popular restriction on a rare, unpopular business practice, that X would be a less popular constraint on several business activities, that Y would be an unpopular constraint on a large number of business and personal activities, and that Z would be a severe infringement on almost all citizens' personal freedoms. The argument against W, that its enactment would likely lead to X, Y, and Z, is an example of a slippery- slope argument. True David is currently in the middle of a civil suit and his lawyer advises him to ask for a jury trial. The lawyer is very familiar with the judge ruling on this case and knows that in the past the judge has been very reluctant to award the winners of a case, large compensatory damages. The lawyer is willing to take the uncertainty of a jury's decision rather than risk receiving minimal to no real monetary award from the ruling judge. The lawyer can be said to be a strong proponent of which kind of legal theory? A) Utilitarianism B) Legal Realism C) Positive Law D) Law and Economics E) Critical Legal Studies B) Legal Realism Scott, Matt, and Jim are brothers. Scott believes that above all, one must follow the law. He doesn't care about the law's morality. He will still follow it, because it is law. On the other hand, Matt believes that a law should be followed if it helps the greatest number of people. He doesn't care about what the people want; he cares about what will benefit the people the most. Finally, Jim believes people will, if accurately informed, always choose to maximize their efficiency and utility. Which of the following is TRUE? A) Scott believes in the Utilitarian approach to law B) Matt believes in Natural Law C) Jim is a Legal Realist D) Matt is a Positivist E) Jim believes in Law and Economics E) Jim believes in Law and Economics Which of the following scenarios best provides grounds for a judge to overturn a jury verdict? A) The judge was sick and couldn't focus during the trial. B) The defendant bribed a jury member for a verdict favorable to the defense. C) The jury took too long to deliberate before bringing back a verdict. D) The judge wants to set precedent by using this case to re-shape the interpretation of the law. E) The judge does not agree with the jury's verdict and has the power to override the decision. B) The defendant bribed a jury member for a verdict favorable to the defense. Bob takes Billy to court in a lawsuit for committing a tort. The case goes to trial, and the first step is jury selection. Both Billy's and Bob's attorneys are questioning the prospective jurors. Billy's attorney rejects (seeks to exclude) two of the prospective jurors but has no reason or proof of bias. In most situations, would this acceptable? A) Yes, this is allowed by peremptory challenge B) Yes, this is allowed by voir dire C) No, this is only allowed in a criminal case D) No, a juror can only be excluded for a good reason ("for cause") E) No, per party only one juror can be excluded without a good reason A) Yes, this is allowed by peremptory challenge Choose the FALSE statement: A) A precedent favoring the other side in a court case is usually met by arguments intended to distinguish the present case, not to overturn the precedent. B) The doctrine of stare decisis still is used in the United States and other common law countries. C) Changing times and changing attitudes of society are both arguments used to ignore or modify existing precedents. D) The U.S. Constitution takes precedence over stare decisis. E) While most civil trials are heard before a state court, criminal trials are only heard before a federal court. E) While most civil trials are heard before a state court, criminal trials are only heard before a federal court. 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? A) China B) New Zealand C) France D) Egypt E) Germany B) New Zealand In the spring of 2014, Squidward, who was married to Sandy, committed adultery, which in that jurisdiction (State J) had not been a crime since the 1800s. State J has a three-year period for the statute of limitations involving all crimes but murder. Sandy filed for and obtained a divorce in August 2014. In December 2014, Sandy married a powerful State J legislator named Patrick. In February 2015, State J enacted a law that made adultery a crime. Consequently, Squidward and several other persons in unrelated cases were convicted of committing adultery and fined a large amount of money. Is this permissible? A) Yes, since the adultery was committed within three years before being considered a crime punishable by law B) Yes, Article I, Section 10 of the U.S. Constitution ordinarily permits the passage of laws making criminal past actions that were not defined as criminal when they occurred C) No, this is prohibited under Article II of the U.S. Constitution D) No, this would be considered an ex post facto law, which is prohibited under Article I, Section 9 of the U.S. Constitution E) No, this would be considered a bill of attainder, which is prohibited under Article I, Section 10 of the U.S. Constitution D) No, this would be considered an ex post facto law, which is prohibited under Article I, Section 9 of the U.S. Constitution The most significant potential disadvantage of an adversarial legal system is: A disparity in financial and legal resources between the parties may affect the outcome of the case. Rupert was a young man married to the daughter of a wise legal philosopher that we will call "Sir Thomas." Rupert noted how there are many ways in which Satan (the Devil) breaks fundamental moral principles: to tell the truth, to honor one's word, to not kill or steal or trespass or otherwise cause harm without just cause). So Rupert asked Sir Thomas what he would do to pursue the devil, and then Rupert answered his own question. "I would do anything to get the devil- what could be more important?" Rupert declared. Sir Thomas inquired, "If the devil hides in the woods, what would you do?" "I would cut down every tree as needed to find and slay the devil," replied Rupert. Sir Thomas quickly responded, "When the last tree is cut down and the devil comes at you, what would you do then?" This story is most likely an allegory about: A) Strong substantive laws, but poor procedural laws B) Poor statutory laws, but strong civil laws C) Strong procedural laws, but poor substantive laws D) Poor civil laws, but strong statutory laws E) Criminal law as opposed to civil law A) Strong substantive laws, but poor procedural laws The example, as gone over in the lecture involving Sir Thomas More and his son-in-law Roper, shows a situation with good purposes but a poor means of achieving that purpose. This related to substantive laws and procedural laws. According to John Rawls, it is easier for a person to assess the fairness of a system when the person is part of that system. False Veil of Ignorance gives better idea of what is correct Judge Johnson, an extremely well-respected judge for the national courts whose written judicial opinions are considered the law of the land. Judge Johnson is presiding over a case between Mr. and Ms. Pappilla. Mr. Pappilla states his case, claiming that Ms. Pappilla attempted to strangle him as he was sleeping alone in bed. After hearing Mr. Pappilla's case, Judge Johnson begins questioning Ms. Pappilla about what happened. Ms. Pappilla states that she saw Mr. Pappilla in bed with another woman, screamed, then ran out the door. After hearing Ms. Pappilla's story, Judge Johnson attempts to gather the facts from Mr. Pappilla again, starting with, "Since it was dark, how can you be sure that it was not the other woman strangling you?" To which Mr. Pappilla replied, "She would never do that. She was still sleeping beside me!" In this outlandish example, the land in which Judge Johnson practices is likely a ------------- Law nation using the ---------------------- System. A) Common; Adversarial B) Common; Inquisitorial C) Sharia; Adversarial D) Civil; Inquisitorial E) Civil; Adversarial B) Common; Inquisitorial Judge Johnson starts the questioning of witnesses, such as Ms. Pappilla. Judge Johnson then attempts, again, to gather facts from Mr. Pappilla. The judge is taking the lead in overseeing the factual development in this case. The system thus appears to be inquisitorial. The question also states that Judge Johnson's written opinions are the law. That is an indication of a common law approach (judge-made law) more so than a Civil Law approach. The wording of "written judicial opinions" can be seen as law making decisions and not just simple verdicts, the more it is common law rather than a judge acting in a code law environment (Civil Law). Also, ordinarily an inquisitorial system (what is taking place here) is associated with Civil Law, not common law. But that is just the usual combination (the Civil Law and an inquisitorial approach); that combination is NOT required, and the question's facts indicate the atypical, but still possible combination of an inquisitorial system and the common law. Jim lives in a country with strict laws about stealing. While walking home from work, Jim passes by a multi-million dollar farming operation that does little for the local community. Shortly after passing the farming operation, Jim stumbles upon a group of starving children. Jim goes back to the farm and steals food for the children. Under what theory of law are Jim's actions most justified? A) Law and Economics B) Utilitarianism C) Positivism D) Legal Realism E) Both C & D. B) Utilitarianism 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? A) Public Law B) Private Law C) Statutory Law D) Criminal Law E) Case Law B) Private Law Alan and Nick are arguing about the different codes of law. Nick's main argument is that law isn't God-given--rulers should also have to obey the law. What code of law serves as the earliest (oldest) basis for Nick's argument? A) Justinian Code B) Code of Solon C) Napoleonic Code D) Code of Hammurabi E) Code of Socrates B) Code of Solon What is the most famous check on the government's power over the people? A. The Declaration of Independence B. The system of checks and balances C. The Bill of Rights D. Procedural law E. The holding in Marbury v. Madison C. The Bill of Rights Under the commerce clause _________________ A) The federal government's authority was limited to only facilitating the free flow of commerce and did not extend to prohibiting goods from entering the market. B) Congress may lose the authority to regulate an activity if it leaves the activity unregulated for too long. C) 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. D) Congress could not require individuals to enter the market in interstate commerce E) the states have no power to impact any commercial activity which has an effect on interstate C) 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. The doctrine of stare decisis means that: A.A previous decision in a Florida court applies as precedent in all other Florida cases until that decision is overruled B. A court should interpret vague provisions of a statute broadly C. A court should interpret vague provisions of a statute narrowly D. A previous decision by the highest court in the same jurisdiction applies as precedent in similar cases until that decision is overruled E. A previous decision by any court in the same jurisdiction applies as precedent in similar cases until that decision is overruled D. A previous decision by the highest court in the same jurisdiction applies as precedent in similar cases until that decision is overruled Stare decisis binds all of the lower courts of a jurisdiction to determinations rendered by the highest court in that same jurisdiction. Which judicial actions best represent stare decisis? The judge decides to: a) Create a new area of legal analysis citing a modern trend b) Follow a higher court's ruling on the legal issue before the court c) Follow a district court's ruling on the legal issue before the court d) Agreeing with the Restatement of the Law summary of the legal issue before the court e) Two or more answers are correct b) Follow a higher court's ruling on the legal issue before the court True/False: Jury Nullification strengthens the American court system, because juries are allowed to refuse to convict a defendant if they believe the law used in the jury instructions is unjust. False Most jury instructions explicitly prohibit jury nullification...[since] jury nullification poses a strong threat to the American court system. In the state of Florida how many jurors minimum are required for a misdemeanor criminal case? a) 10 b) 12 c) 6 d) 8 e) 9 c) 6 Which of the following areas of law would NOT be considered Private Law? a. Criminal law b. Agency law c. Corporate law d. Partnership law e. Tort law a. Criminal law Private law involves relations between persons. Examples include... torts, contracts, corporations, agency, partnerships, and employment - as well as commercial paper, wills, trusts, estates, property and family law. How many Amendments are there to the U.S. Constitution? 27 Which of the following is not a reason for overcoming stare decisis? A. Changed times and attitudes B. Contrary moral opinions C. New technology and science D. Conflicting precedents E. Changes in statutes B. Contrary moral opinions Overcoming stare decisis is rare. We hear about it because it is so unusual and often very important [e.g., Brown v. Board of Education, 347 U.S. 483 (the 1954 Supreme Court decision overturning "separate but equal" segregation of the races in the public schools)]. Arguments for overcoming stare decisis are: (1) changed times (e.g., business practices); (2) changed attitudes (society) and norms; (3) new technology and science; (4) error in the prior case; (5) conflicting precedents; and (6) changes in statutes. Which Constitutional Amendment protects citizens from violations of due process? A. The 8th Amendment B. The 5th Amendment C. The 1st Amendment D. The 14th Amendment E. Both B and D E. Both B and D True or False: 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. False A way to counter language in an opinion is to demonstrate that the language constitutes dicta. While holdings are propositions - along a decisional path of reasoning - that are actually decided (based upon the facts of the case, and leading to the judgment). Any other propositions in a case, if they are not holdings, are dicta. True or False: Lawyers are required by law to report a client's spoken criminal intent. False Lawyers may reveal to the court a client's spoken criminal intent. In the ABA's Model Rules of Professional Conduct, Rule 1.6 says, "a lawyer may reveal [emphasis added] such information to the extent the lawyer reasonably believes necessary: to prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm. . ." When that rule was adopted, some lawyers argued for a mandatory disclosure rule, but the ABA made it optional. True or False: The federal government decides that the state of Alaska should be dissolved and sold to Russia. A majority of United States citizens as well as the vast majority of the other 49 states agree that Alaska should be dissolved. The federal government has adequate approval and can thus sell Alaska to Russia. False In a federalist system, the national government cannot unilaterally make such changes among the lower units; that is because provinces or states also have their own limited sovereignty. Even if a vast majority of the U.S. citizenry, and of every other state, favored the elimination of Alaska, that does not mean Alaska could be dissolved. Alaska has its own sovereignty, and - unless it agrees to self-annihilation - Alaska cannot be eliminated. Frank, an aspiring DJ, plays his music 24 hours a day, 7 days a week. It is so loud it shakes Billy's house, who lives next door to Frank. Infuriated, Frank hired an attorney and filed a complaint at the courthouse, seeking an injunction for a private nuisance claim. After receiving the complaint, Billy also hired an attorney, who submitted an answer to the complaint 50 days later. Billy's attorney violated Rule 12(a)(1)(a)(i) under the Federal Rules of Civil Procedure, which states that a responsive pleading must be submitted 21 days after being served with a complaint. True or False: Billy's attorney violated substantive law. False Procedural law "are procedures that must be followed...E.g., failed to fill out a form, to get the right signature, to file something on time. Failed to do correct procedure." Even with the switching of the names, the answer was unaffected. In 1995, Andy declined to rescue an individual from the murderous acts of Andy's best friend. In 1996, in response to public outcry, Florida passed a statute, Fla. Stat. XYZ, which made failure to assist the victim of criminal behavior a serious crime (a felony). A year later, Andy was placed on trial for his actions in 1995 and was convicted of violating Fla. Stat. XYZ and sent to jail. True or False: This statute, as written, is unconstitutional. The statute may not have been constitutional as written, but was as it is enforced. So either answer, True or False was fully credited. In France, a "huissier" is an attorney especially trained to represent parties in complex litigation. False The ______ system puts the burden of developing all the facts of the case on those with the most interest in the case. A. Adversarial B. CommonLaw C. Islamic D. Inquisitorial E. Civil A. Adversarial What does the doctrine of precedent mean? A. Judges are bound by statute. B. Judges must decide the case on the facts. C. 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. D. Judges may apply the law set out in relevant decisions of previous superior courts and sometimes courts of the same standing. E. Judges resolve disputes on a case-by-case basis C. 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. Max, a rather selfish individual, is a firm proponent of maximizing his own benefit instead of considering the impact on all affected people. For example, during an apocalypse, Max chose to store thousands of canned goods for himself instead of saving the starving individuals within his city. Which theory of law does Max's behavior exhibit? A. Utilitarianism B. Deontological C. Ethical Egoism D. Natural Law E. Law and Economics C. Ethical Egoism In United States v. Carolene Products Co., the court upheld a federal statute prohibiting a type of "milk" known as filled milk (skim milk compounded with a fat or oil other than milk fat), so as to resemble milk or cream) from being shipped in interstate commerce. However, this case is particularly known for its footnote 4, which established the "rational basis test." The court in Carolene Products Co. stated that the "rational basis test" should not be applied to "discrete and insular minorities." In Graham v. Richardson, a separate case brought years later, the court found that classifications based on people's status as aliens constituted a "discrete and insular" minority. The "rational basis test" created in Carolene Products and interpreted by Graham is an example of which of the following: A. Procedural Law B. StatutoryLaw C. AdministrativeLaw D. ContractLaw E. Case Law E. Case Law "Case law is based on court cases (whether interpreting prior cases or statutes, or both)." Bethany and Jacob are in Student Government and are thinking of new policies for their school. Bethany wants to start creating smoking areas around campus that can only be used by faculty, but Jacob doesn't like the idea. He believes that this allowance will lead to faculty smoking anywhere on campus, then students will start to use the smoking areas, and then they will be smoking all over campus as well. What is Jacob's thought process an example of? A. Utilitarianism B. ProceduralLaw C. Slippery Slope D. Stare Decisis E. Law and Ethics C. Slippery Slope "The greatest good for the greatest number of people." To which theory of law would this statement best be attributed to? A. Positivism B. Law & economics C. Naturallaw D. Retributivism (Distribution Law) E. Utilitarianism E. Utilitarianism