Question 1

The English law courts emphasized legal procedure over the merits of the individual case.

Accepted Answer

A) True 
 B)False

Question 2

The Sociological School of jurisprudence does not emphasize following precedent.

Accepted Answer

A) True 
 B)False

Question 3

Stare decisis is the doctrine of:

Accepted Answer

A)  separation of powers so that decisions are not made by a single branch of government 
B)  following precedent so that legal principles in earlier cases are followed in later cases 
C)  constitutional principles applied when making any decision 
D)  spending long periods of time looking at facts before making a decision 
A)  separation of powers so that decisions are not made by a single branch of government 
B)  following precedent so that legal principles in earlier cases are followed in later cases 
C)  constitutional principles applied when making any decision 
D)  spending long periods of time looking at facts before making a decision

Question 4

Which of the following powers do administrative agencies typically have?

Accepted Answer

A)  rulemaking only 
B)  statute interpretation only 
C)  dispute adjudication only 
D)  All of these are correct 
A)  rulemaking only 
B)  statute interpretation only 
C)  dispute adjudication only 
D)  All of these are correct

Question 5

Assume that there is a provision in the Colorado state constitution that is in conflict with a statute that was passed by the U.S.Congress and enacted into law.Which is true?

Accepted Answer

A)  The Colorado constitutional provision will control; the federal statute is invalid. 
B)  The federal statute will control and make the state constitutional provision invalid. 
C)  In Colorado,the Colorado constitutional provision will control over the statute passed by Congress,but the federal statute will apply in the other 49 states. 
D)  Within Colorado,whichever was passed earlier will control over the other. 
E)  Within Colorado,whichever was passed later will control over the other. 
A)  The Colorado constitutional provision will control; the federal statute is invalid. 
B)  The federal statute will control and make the state constitutional provision invalid. 
C)  In Colorado,the Colorado constitutional provision will control over the statute passed by Congress,but the federal statute will apply in the other 49 states. 
D)  Within Colorado,whichever was passed earlier will control over the other. 
E)  Within Colorado,whichever was passed later will control over the other.

Question 6

The Critical Legal Studies school of jurisprudence believes that:

Accepted Answer

A)  free market forces and market efficiency are the most important principles underlying the law 
B)  past court decisions must be analyzed and criticized in developing new law 
C)  subjective decision making by judges based on general notions of fairness is appropriate 
D)  the purpose of law is to serve as an official voice of criticism of those in power 
E)  judges should employ the same critical methods of analyzing cases in the courtroom that law schools use in teaching the law to students 
A)  free market forces and market efficiency are the most important principles underlying the law 
B)  past court decisions must be analyzed and criticized in developing new law 
C)  subjective decision making by judges based on general notions of fairness is appropriate 
D)  the purpose of law is to serve as an official voice of criticism of those in power 
E)  judges should employ the same critical methods of analyzing cases in the courtroom that law schools use in teaching the law to students

Question 7

A number of the functions of the law can be viewed as contradictory.For example,one function is to maintain the status quo,whereas another is to facilitate orderly change.What other functions could be in conflict with one another? How can the law simultaneously have seemingly inconsistent functions?

Accepted Answer

The law has the function to keep the pea

Question 8

Which of the following is most consistent with the Natural Law School of jurisprudence?

Accepted Answer

A)  Law is based on moral and ethical principles of what are right,and it is the job of men and women,through study,to discover what these principles are. 
B)  The law is a reflection of society,thus the law must change naturally as society changes over time. 
C)  The laws of man are secondary to the laws of nature,and thus the laws of nature take precedence whenever the laws of man are in conflict with the laws of nature. 
D)  By applying the rules of logic to specific cases,the logical,or natural,result will be obtained. 
E)  Laws must first and foremost respect,preserve,and promote the preservation of the environment and life in all its forms. 
A)  Law is based on moral and ethical principles of what are right,and it is the job of men and women,through study,to discover what these principles are. 
B)  The law is a reflection of society,thus the law must change naturally as society changes over time. 
C)  The laws of man are secondary to the laws of nature,and thus the laws of nature take precedence whenever the laws of man are in conflict with the laws of nature. 
D)  By applying the rules of logic to specific cases,the logical,or natural,result will be obtained. 
E)  Laws must first and foremost respect,preserve,and promote the preservation of the environment and life in all its forms.

Question 9

What are the good and bad aspects of relying on precedent to decide current cases? Give an example of precedent that either was not followed in the past,or should not be followed in the future.How much leeway do judges have in deciding whether to follow precedent? How much leeway should they have?

Accepted Answer

Precedent provides consistency

Question 10

The English law courts could only award monetary damages.

Accepted Answer

A) True 
 B)False

Question 11

The school of jurisprudence that believes that free market forces should determine the outcomes to lawsuits is:

Accepted Answer

A)  the Command school 
B)  the Sociological school 
C)  the Critical Legal Studies school 
D)  the Law and Economics school 
A)  the Command school 
B)  the Sociological school 
C)  the Critical Legal Studies school 
D)  the Law and Economics school

Question 12

Why was "common law" considered to be "common?"

Accepted Answer

A)  It was the law that applied to the common people. 
B)  It was uniformly applied and was therefore common to the various jurisdictions in England. 
C)  It was the same in England and the United States,and thus common to the two nations. 
D)  It was the law that applied to common,everyday situations. 
A)  It was the law that applied to the common people. 
B)  It was uniformly applied and was therefore common to the various jurisdictions in England. 
C)  It was the same in England and the United States,and thus common to the two nations. 
D)  It was the law that applied to common,everyday situations.

Question 13

The Historical School of jurisprudence believes that changes in societal norms are eventually shown in the law.Further,these scholars depend on precedent to solve modern problems.

Accepted Answer

A) True 
 B)False

Question 14

What was the only remedy (relief)available in the law courts of England?

Accepted Answer

A)  specific performance 
B)  fines and imprisonment 
C)  monetary awards for damages 
D)  returning the parties to their positions before the dispute arose 
A)  specific performance 
B)  fines and imprisonment 
C)  monetary awards for damages 
D)  returning the parties to their positions before the dispute arose

Question 15

The supreme law of the land in the United States of America is the Constitution.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following statements is true about treaties?

Accepted Answer

A)  Treaties are valid only if they do not conflict with a statute passed by Congress. 
B)  Treaties are valid only if they do not conflict with a statute passed by Congress or any of the state legislatures. 
C)  Treaties are the supreme law of the land,equal in priority with the U.S. Constitution. 
D)  Treaties are the supreme law of the land,and take priority over any inconsistent constitutional provision. 
A)  Treaties are valid only if they do not conflict with a statute passed by Congress. 
B)  Treaties are valid only if they do not conflict with a statute passed by Congress or any of the state legislatures. 
C)  Treaties are the supreme law of the land,equal in priority with the U.S. Constitution. 
D)  Treaties are the supreme law of the land,and take priority over any inconsistent constitutional provision.

Question 17

The belief that the law is a way to form social behavior and reach sociological goals stems from the Historical School of jurisprudential thought.

Accepted Answer

A) True 
 B)False

Question 18

Documents such as the U.S.Constitution,the Magna Carta,and the United Nations Charter reflect what legal theory?

Accepted Answer

A)  the Natural Law school 
B)  the Historical school 
C)  the Sociological school 
D)  the Analytical school 
A)  the Natural Law school 
B)  the Historical school 
C)  the Sociological school 
D)  the Analytical school

Question 19

The U.S.Supreme Court has ruled that it is improper for a party to be convicted in a criminal case if another party involved in the same criminal activity has already been acquitted of that activity.

Accepted Answer

A) True 
 B)False

Question 20

When statutes are organized by topic,the resulting compilation of law is known as:

Accepted Answer

A)  a code 
B)  common law 
C)  civil law 
D)  precedent 
A)  a code 
B)  common law 
C)  civil law 
D)  precedent

Exam 1: Legal Heritage and the Information Age

The English law courts emphasized legal procedure over the merits of the individual case.

The Sociological School of jurisprudence does not emphasize following precedent.

Stare decisis is the doctrine of:

Which of the following powers do administrative agencies typically have?

Assume that there is a provision in the Colorado state constitution that is in conflict with a statute that was passed by the U.S.Congress and enacted into law.Which is true?

The Critical Legal Studies school of jurisprudence believes that:

Which of the following is most consistent with the Natural Law School of jurisprudence?

What are the good and bad aspects of relying on precedent to decide current cases? Give an example of precedent that either was not followed in the past,or should not be followed in the future.How much leeway do judges have in deciding whether to follow precedent? How much leeway should they have?

The English law courts could only award monetary damages.

The school of jurisprudence that believes that free market forces should determine the outcomes to lawsuits is:

Why was "common law" considered to be "common?"

The Historical School of jurisprudence believes that changes in societal norms are eventually shown in the law.Further,these scholars depend on precedent to solve modern problems.

What was the only remedy (relief)available in the law courts of England?

The supreme law of the land in the United States of America is the Constitution.

Which of the following statements is true about treaties?

The belief that the law is a way to form social behavior and reach sociological goals stems from the Historical School of jurisprudential thought.

Documents such as the U.S.Constitution,the Magna Carta,and the United Nations Charter reflect what legal theory?

The U.S.Supreme Court has ruled that it is improper for a party to be convicted in a criminal case if another party involved in the same criminal activity has already been acquitted of that activity.

When statutes are organized by topic,the resulting compilation of law is known as:

Court Systems and Jurisdiction

Judicial, Alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Strict Liability and Product Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

Real Property

Landlord Tenant Law and Land Use Regulation

Insurance

Accountants' Liability

Wills, Trusts, and Elder Law

Family Law

International and World Trade Law

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