Question 1

What do statutes and administrative regulations have in common?

Accepted Answer

Like statutes,admini

Question 2

What are courts and administrative agencies expected to do when they encounter ambiguously worded statutes while deciding a case?

Accepted Answer

A) Keep the particular statute aside 
B) Fill in the details on a case-to-case basis 
C) Refer to a different statute 
D) Initiate a debate in the legislature 
A) Keep the particular statute aside 
B) Fill in the details on a case-to-case basis 
C) Refer to a different statute 
D) Initiate a debate in the legislature

Question 3

State and federal declaratory judgment statutes do not allow parties to determine their rights and duties when their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following terms stands for the philosophy of law?

Accepted Answer

A) Canon 
B) Jurisprudence 
C) Equity 
D) Mandate 
A) Canon 
B) Jurisprudence 
C) Equity 
D) Mandate

Question 5

Common law provides certainty because a court is bound to make the same decision in a case with a similar issue,despite any factual differences.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following statements is true of statutes and statutory interpretation?

Accepted Answer

A) Statutes are easier to interpret than case law. 
B) Courts begin their interpretation of statues with legislative history. 
C) There is often deliberate ambiguity in the language of statutes. 
D) Courts rarely engage in statutory interpretation 
A) Statutes are easier to interpret than case law. 
B) Courts begin their interpretation of statues with legislative history. 
C) There is often deliberate ambiguity in the language of statutes. 
D) Courts rarely engage in statutory interpretation

Question 7

Which of the following characterizes natural law?

Accepted Answer

A) It accepts the need for both good and bad laws. 
B) It reads constitutional law narrowly. 
C) It rejects the separation of law and morality. 
D) It opposes the view that law should be guided by a "higher reason." 
A) It accepts the need for both good and bad laws. 
B) It reads constitutional law narrowly. 
C) It rejects the separation of law and morality. 
D) It opposes the view that law should be guided by a "higher reason."

Question 8

Ordinances are created by:

Accepted Answer

A) Congress. 
B) the Supreme Court. 
C) counties and municipalities. 
D) equity courts. 
A) Congress. 
B) the Supreme Court. 
C) counties and municipalities. 
D) equity courts.

Question 9

Evan plans to open a company named "Maryland" for which her trademark is "M." This trademark in no way resembles the famous McDonald's trademark.However,she fears that the latter might think otherwise and sue her in the future.Evan wants to take no risk and hence seeks the court's judgment on the issue.Can she do it?

Accepted Answer

A) Yes,she can do it because she wishes to seek the court's opinion. 
B) Yes,she can do it under state and federal declaratory judgment statutes. 
C) No,she cannot agitate an issue that has not yet arisen. 
D) No,she cannot agitate the issue as she knows that the two marks are not similar. 
A) Yes,she can do it because she wishes to seek the court's opinion. 
B) Yes,she can do it under state and federal declaratory judgment statutes. 
C) No,she cannot agitate an issue that has not yet arisen. 
D) No,she cannot agitate the issue as she knows that the two marks are not similar.

Question 10

One strength of the instrumentalist attitude:

Accepted Answer

A) is its willingness to adapt the law to further the social good. 
B) is that legal validity and moral validity always remain separate. 
C) is that the natural law always remains unworkable. 
D) is that it views the law as an unchanging rule that deserves obedience. 
A) is its willingness to adapt the law to further the social good. 
B) is that legal validity and moral validity always remain separate. 
C) is that the natural law always remains unworkable. 
D) is that it views the law as an unchanging rule that deserves obedience.

Question 11

________ are model statutes drafted by private bodies of lawyers and scholars.

Accepted Answer

A) Precedents 
B) Uniform acts 
C) Ordinances 
D) Equitable remedies 
A) Precedents 
B) Uniform acts 
C) Ordinances 
D) Equitable remedies

Question 12

The U.S.Constitution recognizes the states' power to make law in certain areas.

Accepted Answer

A) True 
 B)False

Question 13

What do courts begin their interpretation of a clearly worded statute with?

Accepted Answer

A) Its plain meaning 
B) Its legislative history 
C) Records of legislative debates 
D) Its different amendments 
A) Its plain meaning 
B) Its legislative history 
C) Records of legislative debates 
D) Its different amendments

Question 14

What is a formally negotiated and ratified agreement between countries called?

Accepted Answer

A) Settlement 
B) Convention 
C) Treaty 
D) Covenant 
A) Settlement 
B) Convention 
C) Treaty 
D) Covenant

Question 15

Which of the following allows courts to help parties determine their rights and duties even though neither may yet have been harmed,so long as there is a real case or controversy between them?

Accepted Answer

A) No liability outside privity of contract rule 
B) Ejusdem generis 
C) A declaratory judgment statute 
D) Public law 
A) No liability outside privity of contract rule 
B) Ejusdem generis 
C) A declaratory judgment statute 
D) Public law

Question 16

Uniform acts are model statutes drafted by private bodies of lawyers and scholars;they become law only after a legislature enacts them.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is also called "judge-made law"?

Accepted Answer

A) Common law 
B) Statutes 
C) Uniform acts 
D) Equity 
A) Common law 
B) Statutes 
C) Uniform acts 
D) Equity

Question 18

A(n)________ is a cancellation of a contract and a return of the parties to their precontractual position.

Accepted Answer

A) injunction 
B) ordinance 
C) rescission 
D) reformation 
A) injunction 
B) ordinance 
C) rescission 
D) reformation

Question 19

In which of the following circumstances,under the doctrine of stare decisis,does the common law rule stated in an earlier judgment not apply to a present case?

Accepted Answer

A) Only when the case concerns a government agency. 
B) Only when the court distinguishes the earlier decision. 
C) Only when the parties involved jointly appeal to the courts to do so. 
D) The doctrine of stare decisis does not allow this kind of a situation. 
A) Only when the case concerns a government agency. 
B) Only when the court distinguishes the earlier decision. 
C) Only when the parties involved jointly appeal to the courts to do so. 
D) The doctrine of stare decisis does not allow this kind of a situation.

Question 20

The Chicago Lawyers Committee for Civil Rights Under Law,Inc.v.Craigslist case discussed in the text is an example of:

Accepted Answer

A) indecent exposure penalties. 
B) how legislative history is persuasive. 
C) a plain meaning interpretation. 
D) a statute being applied to a situation the legislature may not have foreseen. 
A) indecent exposure penalties. 
B) how legislative history is persuasive. 
C) a plain meaning interpretation. 
D) a statute being applied to a situation the legislature may not have foreseen.

Exam 1: The Nature of Law

What do statutes and administrative regulations have in common?

What are courts and administrative agencies expected to do when they encounter ambiguously worded statutes while deciding a case?

State and federal declaratory judgment statutes do not allow parties to determine their rights and duties when their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.

Which of the following terms stands for the philosophy of law?

Common law provides certainty because a court is bound to make the same decision in a case with a similar issue,despite any factual differences.

Which of the following statements is true of statutes and statutory interpretation?

Which of the following characterizes natural law?

Ordinances are created by:

One strength of the instrumentalist attitude:

________ are model statutes drafted by private bodies of lawyers and scholars.

The U.S.Constitution recognizes the states' power to make law in certain areas.

What do courts begin their interpretation of a clearly worded statute with?

What is a formally negotiated and ratified agreement between countries called?

Which of the following allows courts to help parties determine their rights and duties even though neither may yet have been harmed,so long as there is a real case or controversy between them?

Uniform acts are model statutes drafted by private bodies of lawyers and scholars;they become law only after a legislature enacts them.

Which of the following is also called "judge-made law"?

A(n)________ is a cancellation of a contract and a return of the parties to their precontractual position.

In which of the following circumstances,under the doctrine of stare decisis,does the common law rule stated in an earlier judgment not apply to a present case?

The Chicago Lawyers Committee for Civil Rights Under Law,Inc.v.Craigslist case discussed in the text is an example of:

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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