CHAPTER 1-INTRODUCTION TO LAW

TRUE/FALSE 1. Congress passed a law imposing penalties for displaying "indecent" material online where children could see it. If the U.S. Supreme Court subsequently rules that the statute conflicts with the First Amendment of the U.S. Constitution the statute is !oid. A"S# $ %$S# 1 &SC# AACS' Analytic

(. $he Constitution is the supreme law of the land and any law that conflicts with it is !oid. A"S# $ %$S# 1

). A rule that establishes ma*imum length of wor+ shifts for air traffic controllers is an e*ample of an administrati!e regulation. A"S# $ %$S# 1 &SC# AACS' Analytic

,. In 1--, the Ari.ona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and found a duty of care to a!oid furnishing alcohol to underage consumers. If in (//0 a Flagstaff Ari.ona plaintiff brings a lawsuit against an Ari.ona uni!ersity1s fraternity for pro!iding alcohol to members under the legal drin+ing age the Hernandez v. Arizona Board of Regents case will ser!e as precedent. A"S# $ %$S# 1 &SC# AACS' Analytic

2. 3ilfred was dri!ing too fast for the icy road conditions and hit Sally4s car. Sally can sue 3ilfred in criminal court. A"S# F %$S# 1 &SC# AACS' Analytic

5. If &ilan as+s a court to order %amela to stop reprinting his copyrighted material he is see+ing a legal rather than an equitable remedy. A"S# F %$S# 1 &SC# AACS' Analytic

6. Congress can create a statute on any topic at all. A"S# F %$S# 1 &SC# AACS' Analytic

0. If the %resident !etoes a bill it can still become law if both the 7ouse and the Senate appro!e it with a 218 ma9ority. A"S# F %$S# 1 &SC# AACS' Analytic

-. $he doctrine of precedent is binding on all courts from county courts to the U.S. Supreme Court.. A"S# F %$S# 1 &SC# AACS' Analytic

1/. $he case citation Pereda v. Parajon, -26 So.(d 11-, :(//6; re!eals that %ereda is the plaintiff.

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11. Federalism is a double layered system of go!ernment with a state and federal go!ernment with limited powers. A"S# $ %$S# 1

1(. Common law is a body of cases decided by legislatures. A"S# F %$S# 1 &SC# AACS' Analytic

1). $he Constitution ensures that the states retain all power not gi!en to the national go!ernment. A"S# $ %$S# 1 &SC# AACS' Analytic

1,. <oor3ay Computers Inc. the trademar+ owner of "<oor3ay " sought a court in9unction to pre!ent 7andyman 7ardware Inc. from using the domain name "<oor3ay.com." A 9ury will decide whether <oor3ay is entitled to this remedy. A"S# F %$S# 1 &SC# AACS' Analytic

12. In the case of Panavision Int'l v. Toeppen the "inth Circuit Court of Appeals affirmed the district court4s decision. $his means that the "inth Circuit appro!ed the district court4s decision and upheld the outcome in the case. A"S# $ MULTIPLE CHOICE 1. $he go!ernment itself prosecutes the wrongdoer in a case in!ol!ing beha!ior so threatening that society outlaws it altogether. $his +ind of case in!ol!es# a %rocedural law. . b %ri!ate law. . c Ci!il law. . d Criminal law. . %$S# 1 &SC# AACS' Analytic

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(. $he =ccupational Safety and 7ealth Administration promulgated a rule requiring warehouse employees to wear hardhats when in the !icinity of an operating for+lift. $he purpose of the hardhats is to protect employees from danger of falling ob9ects. $his rule is# a an e*ecuti!e order. . b a statute. . c common law. .

d administrati!e law. .

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). Common law refers to# a law that is the same or similar in all the states. . b law made when 9udges decide cases and then follow those decisions in later cases. . c law made by legislatures in the form of statutes. . d the legal systems of France ?ermany and Italy. .

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,. 7asbro Inc. the trademar+ owner of "Candy @and " sought a court in9unction to stop Internet Antertainment ?roup @$< from using the domain name "candyland.com." Internet Antertainment ?roup had established a se*ually e*plicit site at the domain name. $his in9unction would ha!e to be issued by# a a 9ury. . b a 9udge e*ercising equitable powers. . c an e*ecuti!e order. . d a subpoena. .

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2. $he three branches of go!ernment in the United States are# a the e*ecuti!e legislati!e and administrati!e. . b the administrati!e e*ecuti!e and statutory. . c the e*ecuti!e legislati!e and 9udicial. . d the administrati!e legislati!e and international. .

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5. $he doctrine of stare decisis# a ma+es the legal process more e*pensi!e. . b is an equitable remedy.

. c ma+es the law more predictable. . d is unimportant to the common law. .

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6. In 1--( the "orth Carolina Supreme Court ruled in a case entitled Goodman v. Wenco oods, Inc. that when a substance in food causes in9ury to a consumer of the food it is not a bar to reco!ery against the seller that the substance was natural to the food. If in a (//0 case in!ol!ing a consumer1s in9ury caused by a fish bone in a bowl of fish chowder the court followed the decision in Goodman v. Wenco oods, Inc., the court4s action in the second case is an e*ample of# a stare decisis. . b statutory law. . c public law. . d criminal law. .

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0. 3hen the Food and <rug Administration prohibits a certain drug from being mar+eted in the United States this is# a pri!ate law. . b an administrati!e regulation. . c legal negati!ism. . d an e*ecuti!e order. .

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-. If the title of an appellate court case appears as !ones v. "mit## a Bones is the plaintiff and Smith is the defendant. . b Smith won the trial court decision. . c you cannot determine which party is the plaintiff because when a defendant loses a trial . and files an appeal some courts :but not all; re!erse the names of the parties. d the trial 9udge was Bones and the appellate 9udge is Smith. .

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1/. $he &innesota legislature passed a law requiring that employers allow each employee adequate time within each four consecuti!e hours of wor+ to utili.e the nearest con!enient restroom. $his law is# a an e*ecuti!e order. . b an ordinance. . c a statute. . d a stare decisis. .

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11. $he doctrine of precedent requires# a that the !ictim testify. . b that the defendant testify. . c a 1(Cmember 9ury of the defendant1s peers. . d 9udges to base rulings on pre!ious cases. .

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1(. Congress enacted legislation in 1-)) to regulate the securities industry and prohibit !arious forms of fraud with securities. $he Securities A*change Act of 1-), was passed a year later. $his law created the Securities and A*change Commission :SAC; as an independent regulatory entity whose function is to administer the two laws. $he SAC has generated rules and regulations to administer these acts. $hese rules and regulations are# a statutes. . b administrati!e law. . c e*ecuti!e orders. . d common law. .

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1). $he federal 9udicial branch of the U.S. go!ernment# a interprets statutes. . b passes statutes. . c issues e*ecuti!e orders. . d creates administrati!e agencies.

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1,. $he United States Supreme Court has the power to# a appoint 9udges to ser!e on the Supreme Court. . b declare an act of Congress unconstitutional. . c issue e*ecuti!e orders. . d ratify treaties. .

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12. $he %resident of the United States# a creates federal common law. . b can !eto Congressional legislation. . c determines the constitutionality of statutes. . d passes statutes. .

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15. $ony raped Bane in the par+ing lot of Boe4s 'rew %ub. $he <istrict Attorney4s office prosecuted $ony on rape charges. Subsequently Bane filed a lawsuit against $ony for money damages. Classify each legal action. a $he <istrict Attorney4s case was a criminal caseD Bane4s lawsuit was a ci!il case. . b $he <istrict Attorney4s case was a ci!il case. Bane4s lawsuit was a criminal case. . c 'oth cases are criminal. . d 'oth cases are ci!il. .

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16. %resident "i*on issued wageCprice controls in an effort to stabili.e the economy. $his use of e*ecuti!e power was# a an illegal usurption of legislati!e powers which belong to the Congress. . b a !alid use of power +nown as an e*ecuti!e order. .

c a !alid use of power creating a treaty. . d an illegal usurption of the regulatory powers of administrati!e agencies. .

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10. 3hich of the following would be an e*ample of a ci!il lawsuitE a ?eorge is being prosecuted for ban+ fraud. . b $he go!ernment has initiated an action against Beff for operating a motor !ehicle under . the influence of alcohol. c ?retta hit >ita in a bar during happy hour. >ita is now suing for her in9uries. . d $he district attorney is bringing Ali to court for !iolating the city4s +eg ordinance. .

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1-. Curtis filed a lawsuit against Ulhoff for failure to repay F1 /// according to the terms of a promissory note. $he trial ended before it began with the trial 9udge granting a motion for summary 9udgment in fa!or of Curtis. Ulhoff has appealed and the Supreme Court of Iowa has remanded the case. $his means# a Curtis automatically wins because he won in the lower court. . b Ulhoff automatically wins because he lost in the lower court. . c "either party wins because the case is being thrown out. . d 3e don4t +now who wins yet because the case is being returned to the trial court for . additional steps.

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(/. 3hich of the following are administrati!e agenciesE a 7ouse of >epresentati!es . b Internal >e!enue Ser!ice . c Supreme Court . d 'ureau of %risons .

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(1. $he issue in $%e#n v P%& 'one was a @egal %ositi!ism.Can a bar ser!e drun+ patronsE

. b <id the bar ha!e a duty to protect its patronsE . c Is a bar allowed to e*clude motorcycle riders from the premisesE . d Can the go!ernment prosecute patrons who get into fights on pri!ate propertyE .

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((. If an appellate court holds a lower courts decision !oid it is called# a a re!ersal . b a remand . c an affirmation . d nolle pros .

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(). &ore Americans law comes from which countryE a Framce . b Angland . c Spain . d A.tecs .

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(,. 3hich school of 9urisprudence is based on the philosophy that what matters is not what is written as law but who enforces the law and by what processE a @egal positi!ism. . b "atural law. . c @egal realism. . d So!ereign selection. .

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(2. 3hat are the sources of United States current lawE

a . b . c . d .

the Constitution of the United States Court decisions Statutes all of these answers are correct

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1. Identify and discuss the primary sources of contemporary U.S. law. A"S# $he primary sources of U.S. law include# 1 United States Constitution :the supreme law of the land; and state constitutions which . establish state go!ernmentsD ( Statutes which are drafted by the legislaturesD . ) Common law which is the body of cases decided by 9udges as they follow earlier . cases +nown as precedentD , Administrati!e law the rules and decisions made by federal and state administrati!e . agencies.

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(. Identify and e*plain the parts of the following case name# Palsgraf v. (ong Island Railroad )o., (,0 ".G. ))- 15( ".A. -- "ew Gor+ Court of Appeals. A"S# $he case name is Palsgraf v. (ong Island Railroad )o. %alsgraf and the @ong Island >ailroad Co. are the parties to the lawsuit. $he order of the names does not necessarily identify which party initially brought the lawsuit. $he part stating H(,0 ".G. ))- 15( ".A. --I is the legal citation which indicates where to find the case in a law library. $he first part of the citation means the Palsgraf case can be found on page ))- of the (,0th !olume of the official court reporter of the state of "ew Gor+. $he decision is also reported starting on page -- of the 15(nd !olume of the "ortheast >eporter a regional reporter. $he reported case was heard by the "ew Gor+ Court of Appeals. %$S# 1 &SC# AACS' Communication

). %eggy @ou filed a lawsuit against "3e Fi* 4Am >ite " an auto body shop for the sloppy paint 9ob it did on her 1--0 car. =nce the lawsuit was filed with the appropriate cler+ of court %eggy @ou personally dropped a copy of the lawsuit in the mail. "3e Fi* 4Am" says it ne!er recei!ed notice of the lawsuit. @ocal court rules require that a lawsuit be ser!ed by an independent process ser!er or by the sheriff4s department. Is this an e*ample of substanti!e law or procedural lawE A*plain the difference. A"S#

$his is an e*ample of procedural law. %rocedural law establishes the process for conducting the lawsuit. In this instance the rule specifying the method and manner of ser!ice of process is to ma+e sure that the defendant does in fact ha!e notice of the lawsuit. $he sheriff4s department or the process ser!er would submit an affida!it to !erify that the defendant was gi!en notice of the pending lawsuit. Substanti!e law defines rights. %$S# 1 &SC# AACS' Communication J AACS' >eflecti!e $hin+ing