Law, Legal Reasoning, and the Legal Profession
True / False Questions
1. The Civil Rights Act of 1964 is an example of substantive law.
True False
2. Procedural law establishes rights and privileges.
True False
3. Substantive law comprises rules as to what cases a court can decide, how a trial is
conducted, and how a judgment by a court is to be enforced.
True False
4. The Constitution's commerce clause allows the President to regulate interstate and
foreign commerce.
True False
5. Where there is a conflict between state laws and federal laws, state laws will prevail since
they better understand the immediate needs of their citizens.
True False
6. Under the notion of federalism, the United States is composed of 51 different legal
systems.
True False
,7. Each state has a constitution that is similar to the U.S. Constitution in the design of the
government it provides.
True False
,8. Statutory law varies from state to state.
True False
9. Civil law arises when courts are called upon to resolve disputes for which there is no
statute or other sources of law to establish rules.
True False
10. Most courts refer to a statute's legislative history when the language is unclear.
True False
11. Law must be predictable yet flexible enough to accommodate change.
True False
12. The doctrine that says a court, in making a decision, must follow precedents of prior
cases is called the ex post facto rule.
True False
13. The highest appeals court in a jurisdiction cannot overrule a precedent case.
True False
14. Unlike legal positivists, legal sociologists stress the need for law to change and keep
pace with the evolution of society.
True False
15. By involving a lawyer in the business-planning process, a desired business objective can
be reached with less legal risk.
True False
, Multiple Choice Questions
16. The law that seeks to prevent certain practices that might reduce competition and thus
increase prices is:
A. tax law.
B. consumer law.
C. antitrust law.
D. contract law.
17. Which of the following is an example of procedural law?
A. Receiving food stamps
B. Rules as to how a court's decision is to be enforced
C. The right of self-defense
D. The freedom of speech granted by the U.S. Constitution
18. The freedom of speech granted by the U.S. Constitution is an example of:
A. civil law.
B. substantive law.
C. criminal law.
D. procedural law.
19. One distinction between civil law and criminal law is:
A. civil law can be created only by statute.
B. criminal law is completely procedural.
C. criminal law is concerned with breaches of duty to society at large.
D. the U.S. Constitution does not apply to civil lawsuits.