Question 1

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.

Accepted Answer

A) True 
 B)False

Question 2

Legal positivist judges:

Accepted Answer

A)  consider public policy and their own sense of morality when interpreting the law. 
B)  confine their legal analysis to the plain meaning of the words. 
C)  believe that law must always look to equitable exceptions to statutes and other legal rules. 
D)  recognize a higher set of rules that override the legitimacy of laws promulgated by political institutions. 
A)  consider public policy and their own sense of morality when interpreting the law. 
B)  confine their legal analysis to the plain meaning of the words. 
C)  believe that law must always look to equitable exceptions to statutes and other legal rules. 
D)  recognize a higher set of rules that override the legitimacy of laws promulgated by political institutions.

Question 3

One objective of preventive law is to arrange business plans and methods to increase profits by _____.

Accepted Answer

A)  honoring legal obligations while avoiding ethical obligations 
B)  reaching business goals through enforceable contracts while avoiding government prohibitions 
C)  strictly adhering to the socioeconomic view of the social responsibility of business 
D)  prioritizing the interests of corporate stockholders over the interests of other stakeholders 
A)  honoring legal obligations while avoiding ethical obligations 
B)  reaching business goals through enforceable contracts while avoiding government prohibitions 
C)  strictly adhering to the socioeconomic view of the social responsibility of business 
D)  prioritizing the interests of corporate stockholders over the interests of other stakeholders

Question 4

_____ believe that decisions are often more attributable to the biases and moods of decision makers than they are to the formal legal rules that are supposed to determine the outcome.

Accepted Answer

A)  Legal realists 
B)  Legal positivists 
C)  Legal sociologists 
D)  Natural law thinkers 
A)  Legal realists 
B)  Legal positivists 
C)  Legal sociologists 
D)  Natural law thinkers

Question 5

Define the three steps involved in applying stare decisis.

Accepted Answer

Three steps are involved in ap

Question 6

The first federal regulatory agency was the _____.

Accepted Answer

A)  Federal Trade Commission 
B)  Interstate Commerce Commission 
C)  Securities and Exchange Commission 
D)  Occupational Safety and Health Administration 
A)  Federal Trade Commission 
B)  Interstate Commerce Commission 
C)  Securities and Exchange Commission 
D)  Occupational Safety and Health Administration

Question 7

Procedural law sets out the rights and duties governing people as they act in society.

Accepted Answer

A) True 
 B)False

Question 8

Each state has a constitution that is similar to the U.S. Constitution in the design of the government it provides.

Accepted Answer

A) True 
 B)False

Question 9

The practice of preventive law requires a knowledgeable client as well as a knowledgeable lawyer.

Accepted Answer

A) True 
 B)False

Question 10

Statutory law varies from state to state.

Accepted Answer

A) True 
 B)False

Question 11

A legislature cannot change a common law rule by enacting a statute.

Accepted Answer

A) True 
 B)False

Question 12

According to the doctrine of stare decisis, _____.

Accepted Answer

A)  the constitutional prohibition of ex post facto laws applies to common or decisional law 
B)  a legislature cannot override stare decisis and change a common law rule by enacting a statute 
C)  the highest appeals court in a jurisdiction cannot overrule a precedent case 
D)  a court has considerable freedom in picking precedent cases 
A)  the constitutional prohibition of ex post facto laws applies to common or decisional law 
B)  a legislature cannot override stare decisis and change a common law rule by enacting a statute 
C)  the highest appeals court in a jurisdiction cannot overrule a precedent case 
D)  a court has considerable freedom in picking precedent cases

Question 13

If a person carelessly runs a car into yours, that person has committed the:

Accepted Answer

A)  civil tort of negligence. 
B)  substantive tort of negligence. 
C)  criminal tort of negligence. 
D)  procedural tort of negligence. 
A)  civil tort of negligence. 
B)  substantive tort of negligence. 
C)  criminal tort of negligence. 
D)  procedural tort of negligence.

Question 14

Punitive damages are also called _____ damages.

Accepted Answer

A)  special 
B)  exemplary 
C)  liquidated 
D)  nominal 
A)  special 
B)  exemplary 
C)  liquidated 
D)  nominal

Question 15

List the four basic functions of law.

Accepted Answer

The basic functions of law are

Question 16

Which of the following is true of the attorney-client privilege?

Accepted Answer

A)  The privilege does not apply until the attorney is actually retained by a client. 
B)  An attorney is allowed to divulge confidential information communicated by a client in the course of seeking legal advice. 
C)  A client must feel free to speak fully and honestly with his attorney if the judicial system is to function effectively. 
D)  The privilege covers statements made in the presence of people other than the attorney or the attorney's subordinates. 
A)  The privilege does not apply until the attorney is actually retained by a client. 
B)  An attorney is allowed to divulge confidential information communicated by a client in the course of seeking legal advice. 
C)  A client must feel free to speak fully and honestly with his attorney if the judicial system is to function effectively. 
D)  The privilege covers statements made in the presence of people other than the attorney or the attorney's subordinates.

Question 17

The feature of decisional law in common law systems which says that a court, in making a decision, should follow the rulings of prior cases that have similar facts is _____.

Accepted Answer

A)  caveat emptor 
B)  ex post facto laws 
C)  stare decisis 
D)  contra proferentem 
A)  caveat emptor 
B)  ex post facto laws 
C)  stare decisis 
D)  contra proferentem

Question 18

Although legal positivism often creates harsh results by refusing to recognize equitable exceptions, it provides a great sense of predictability to the enforcement of legal rules.

Accepted Answer

A) True 
 B)False

Question 19

Describe the four steps in the process of legal interpretation.

Accepted Answer

The four steps in the process of legal i

Question 20

Lee was arrested for public intoxication. Shortly after being charged with this offense, he wrote a letter to his attorney explaining the circumstances surrounding his arrest. The letter is considered:

Accepted Answer

A)  privileged communication under the work product privilege. 
B)  privileged communication under the attorney-client privilege. 
C)  privileged communication under legal positivism. 
D)  privileged communication under legal realism. 
A)  privileged communication under the work product privilege. 
B)  privileged communication under the attorney-client privilege. 
C)  privileged communication under legal positivism. 
D)  privileged communication under legal realism.

Exam 1: Law, Legal Reasoning, and the Legal Profession

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.

Legal positivist judges:

One objective of preventive law is to arrange business plans and methods to increase profits by _____.

_____ believe that decisions are often more attributable to the biases and moods of decision makers than they are to the formal legal rules that are supposed to determine the outcome.

Define the three steps involved in applying stare decisis.

The first federal regulatory agency was the _____.

Procedural law sets out the rights and duties governing people as they act in society.

Each state has a constitution that is similar to the U.S. Constitution in the design of the government it provides.

The practice of preventive law requires a knowledgeable client as well as a knowledgeable lawyer.

Statutory law varies from state to state.

A legislature cannot change a common law rule by enacting a statute.

According to the doctrine of stare decisis, _____.

If a person carelessly runs a car into yours, that person has committed the:

Punitive damages are also called _____ damages.

List the four basic functions of law.

Which of the following is true of the attorney-client privilege?

The feature of decisional law in common law systems which says that a court, in making a decision, should follow the rulings of prior cases that have similar facts is _____.

Although legal positivism often creates harsh results by refusing to recognize equitable exceptions, it provides a great sense of predictability to the enforcement of legal rules.

Describe the four steps in the process of legal interpretation.

Lee was arrested for public intoxication. Shortly after being charged with this offense, he wrote a letter to his attorney explaining the circumstances surrounding his arrest. The letter is considered:

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Intentional Torts

Negligence and Strict Liability

Licensing and Intellectual Property

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remedies

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

The Agency Relationship-Creation, Duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountants

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers

Introduction to Security

Security Interests in Personal Property

Bankruptcy

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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