Question 1

When a conflicting common law rule is inconsistent with an administrative regulation,which prevails?

Accepted Answer

A) The measure that is later in time 
B) The measure that is first in time 
C) The conflicting common law rule 
D) The administrative regulation 
A) The measure that is later in time 
B) The measure that is first in time 
C) The conflicting common law rule 
D) The administrative regulation D

Question 2

Why is sociological jurisprudence seen to resemble natural law?

Accepted Answer

A) It advocates the separation of law and morality. 
B) It stresses on the superiority of lawmakers. 
C) It calls for a separation of the judiciary and legislature. 
D) Its definition of law includes social values. 
A) It advocates the separation of law and morality. 
B) It stresses on the superiority of lawmakers. 
C) It calls for a separation of the judiciary and legislature. 
D) Its definition of law includes social values. D

Question 3

Which method of statutory interpretation was most emphasized (and used)in the James v.City of Costa Mesa case in the text?

Accepted Answer

A) The plain meaning rule. 
B) Interpreting a statute consistent with its purpose. 
C) Following prior interpretations of a statute. 
D) Maxims of statutory construction. 
A) The plain meaning rule. 
B) Interpreting a statute consistent with its purpose. 
C) Following prior interpretations of a statute. 
D) Maxims of statutory construction. A

Question 4

Some legal positivists believe that:

Accepted Answer

A) an unjust law is not law. 
B) the validly of enacted laws should be obeyed,just or not. 
C) the law should keep up with changing times. 
D) justice is what the judge ate for breakfast. 
A) an unjust law is not law. 
B) the validly of enacted laws should be obeyed,just or not. 
C) the law should keep up with changing times. 
D) justice is what the judge ate for breakfast.

Question 5

Administrative agencies obtain the ability to make law through a(n)________ of power from the legislature.

Accepted Answer

A) assignment 
B) delegation 
C) separation 
D) allocation 
A) assignment 
B) delegation 
C) separation 
D) allocation

Question 6

Although the president or a state's governor does not have typical law-making powers,these officials have limited power to issue laws called:

Accepted Answer

A) uniform acts. 
B) advisory opinions. 
C) statutes. 
D) executive orders. 
A) uniform acts. 
B) advisory opinions. 
C) statutes. 
D) executive orders.

Question 7

John is angry because Harry is now dating John's former girlfriend.One day,as John was driving his car,he saw Harry walking by the side of the road.John deliberately swerved and struck Harry with the car.John may be successfully sued under:

Accepted Answer

A) criminal law only. 
B) civil law only. 
C) either criminal law or civil law but not both. 
D) both criminal law and civil law. 
A) criminal law only. 
B) civil law only. 
C) either criminal law or civil law but not both. 
D) both criminal law and civil law.

Question 8

A state statute making murder a crime is an example of a substantive law,criminal law,and public law.

Accepted Answer

A) True 
 B)False

Question 9

The Supreme Court once denied tax-exempt status to a private university that discriminated on the basis of race.Which of the following is likely to have influenced or guided the interpretation of the statute relevant to this case?

Accepted Answer

A) Maxims 
B) Precedents 
C) General public purposes 
D) Standing to sue 
A) Maxims 
B) Precedents 
C) General public purposes 
D) Standing to sue

Question 10

The Restatements are binding laws and are promulgated by the American Law Institute.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is not an example of legislative history?

Accepted Answer

A) Reports of investigative committees 
B) Transcripts or summaries of hearings of legislative committees 
C) A common law case that interpreted a previous version of the statute 
D) Records of legislative debates 
A) Reports of investigative committees 
B) Transcripts or summaries of hearings of legislative committees 
C) A common law case that interpreted a previous version of the statute 
D) Records of legislative debates

Question 12

Which of the following is true of the Restatements?

Accepted Answer

A) They are promulgated by courts. 
B) They can be adopted as common law by the states. 
C) They include only statutory laws. 
D) They are law and binding on courts. 
A) They are promulgated by courts. 
B) They can be adopted as common law by the states. 
C) They include only statutory laws. 
D) They are law and binding on courts.

Question 13

Which of the following is not an equitable remedy?

Accepted Answer

A) Monetary damages 
B) Injunction 
C) Specific performance 
D) Reformation 
A) Monetary damages 
B) Injunction 
C) Specific performance 
D) Reformation

Question 14

The doctrine of standing to sue implies that:

Accepted Answer

A) the lawsuit must benefit the public in general. 
B) the plaintiff has a substantial stake in the litigation. 
C) cases must be genuine controversies. 
D) courts must not issue any advisory opinions in cases. 
A) the lawsuit must benefit the public in general. 
B) the plaintiff has a substantial stake in the litigation. 
C) cases must be genuine controversies. 
D) courts must not issue any advisory opinions in cases.

Question 15

Explain the position adopted by legal positivists regarding law.

Accepted Answer

Legal positivists define law as the comm

Question 16

Courts often begin their interpretation of a statute by looking at the plain meaning of its language because it never fails to resolve the ambiguity at issue.

Accepted Answer

A) True 
 B)False

Question 17

Which area of law does not mainly consist of common law?

Accepted Answer

A) Contracts 
B) Bankruptcy 
C) Torts 
D) Agency 
A) Contracts 
B) Bankruptcy 
C) Torts 
D) Agency

Question 18

Which of the following is not an example of public law?

Accepted Answer

A) Constitutional law 
B) Administrative law 
C) Contract law 
D) Criminal law 
A) Constitutional law 
B) Administrative law 
C) Contract law 
D) Criminal law

Question 19

Why might legislators deliberately use ambiguous language in a statute?

Accepted Answer

In some instances,legislators may delibe

Question 20

The ejusdem generis rule is an example of a maxim.

Accepted Answer

A) True 
 B)False

Exam 1: The Nature of Law

When a conflicting common law rule is inconsistent with an administrative regulation,which prevails?

Why is sociological jurisprudence seen to resemble natural law?

Which method of statutory interpretation was most emphasized (and used)in the James v.City of Costa Mesa case in the text?

Some legal positivists believe that:

Administrative agencies obtain the ability to make law through a(n)________ of power from the legislature.

Although the president or a state's governor does not have typical law-making powers,these officials have limited power to issue laws called:

John is angry because Harry is now dating John's former girlfriend.One day,as John was driving his car,he saw Harry walking by the side of the road.John deliberately swerved and struck Harry with the car.John may be successfully sued under:

A state statute making murder a crime is an example of a substantive law,criminal law,and public law.

The Supreme Court once denied tax-exempt status to a private university that discriminated on the basis of race.Which of the following is likely to have influenced or guided the interpretation of the statute relevant to this case?

The Restatements are binding laws and are promulgated by the American Law Institute.

Which of the following is not an example of legislative history?

Which of the following is true of the Restatements?

Which of the following is not an equitable remedy?

The doctrine of standing to sue implies that:

Explain the position adopted by legal positivists regarding law.

Courts often begin their interpretation of a statute by looking at the plain meaning of its language because it never fails to resolve the ambiguity at issue.

Which area of law does not mainly consist of common law?

Which of the following is not an example of public law?

Why might legislators deliberately use ambiguous language in a statute?

The ejusdem generis rule is an example of a maxim.

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

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