1
quiz 1 review
Much of the origins of the law dealt with issues related to .
property ownership
When the United States Supreme Court formally recognized their role in achieving equality for all
Americans during the civil rights movement, they were following a philosophy.
legal realism
Attorneys who work for a company and are part of the executive or mid-level management team are specifically
referred to as counsel.
in house
Attorneys, particularly in a business context, are also referred to as .
counsel
Measures of judicial action intended to compensate an injured party in a civil law suit are called
(p. 11) .
remedies
(p. 12) Equitable
rules used in the context of Common Law rules that guide courts in deciding cases or
controversies are called equitable .
maxims
Judicial opinions are also known as the of the case.
holdings
A collection of uniform legal principles focused on a particular area of traditional state law is called
(p. 15)
of the law.
restatements
p. 7)Trial lawyers are also referred to as .
litigators
(p. 18) are recognized as binding between two parties even though no specific statute or regulation
provides for the rights of the parties.
Private laws
Page 1 of 143
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(p. 4) Legal
positivists believe that agreed upon laws should be uniformly and strictly enforced and may only be
changed by the government.
TRUE
(p. 5) Law
today is crucial to business by creating some degree of reliability to be used in business planning and
commercial transactions.
TRUE
Law must always be considered when making business decisions and when planning.
States tend to amend their constitutions less frequently than is the case with the United States Constitution.
(p. 8)
FALSE
It is much more difficult to change the U.S. Constitution than individual state constitutions.
(p. 9) A presidential veto may be overridden by a 2/3 majority vote of the Senate.
FALSE
A repeal of a presidential veto requires a 2/3 vote of Congress.
Legal Realism is the oldest form of American jurisprudence and was founded during the American
(p. 4)
Revolution and forms the basis for the United States Constitution.
FALSE
Legal realism arose after World War I.
(p. 10) Courts
regularly question and overturn administrative agency decisions involving how and when an agency
enforces a regulation.
FALSE
Courts are highly differential to agency decisions.
(p. 11) The
power of courts to establish law in matters not specifically addressed by statutes is very limited in
common law countries.
FALSE
Such power is limited in civil law countries but not so in common law countries.
Equitable remedies are available to compensate injured parties in both civil and criminal lawsuits.
(p. 11)
FALSE
Equitable remedies are only available in civil cases.
Most states have separate courts of law and equity.
(p. 11)
FALSE
Page 2 of 143
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Most modern courts are combined courts of law and equity.
Page 3 of 143
, 1
(p. 12) A
statute of limitations determines the maximum and minimum amounts of monetary relief that may be
granted in different types of civil law suits.
FALSE
A statute of limitations sets the time within which a law suit must be filed after an injury occurs.
(p. 15) The purpose of secondary sources of law is to increase uniformity and fairness across courts in the 50
states.
TRUE
Secondary sources of law allow each state to refer to a singular explanation of various laws for increased
consistency.
A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.
(p. 18)
FALSE
The same act may result in both civil and criminal liability.
(p. 18) A
zoning law which regulates what a landowner may or may not do with their privately owned property is
an example of a public law.
TRUE
Zoning laws are based on statutes and ordinances.
(p. 18) Laws
which require that police show reasonable cause and obtain a search warrant before entering a place
of business to search for evidence would be examples of substantive laws.
FALSE
Search and seizure laws are examples of procedural laws.
Criminal law is designed to compensate parties for money lost as a result of another's unlawful conduct.
(p. 18)
FALSE
Only civil law actions may result in monetary damages.
(p. 18) For private law to be applied, there must be a statute or ordinance enacted that provides for the rights of the
parties.
FALSE
Statutes and ordinances result in public law.
Criminal law can also be characterized as public law but can never be considered private law.
(p. 18)
TRUE
Criminal law must be statutory and is therefore public law.
Page 4 of 143
quiz 1 review
Much of the origins of the law dealt with issues related to .
property ownership
When the United States Supreme Court formally recognized their role in achieving equality for all
Americans during the civil rights movement, they were following a philosophy.
legal realism
Attorneys who work for a company and are part of the executive or mid-level management team are specifically
referred to as counsel.
in house
Attorneys, particularly in a business context, are also referred to as .
counsel
Measures of judicial action intended to compensate an injured party in a civil law suit are called
(p. 11) .
remedies
(p. 12) Equitable
rules used in the context of Common Law rules that guide courts in deciding cases or
controversies are called equitable .
maxims
Judicial opinions are also known as the of the case.
holdings
A collection of uniform legal principles focused on a particular area of traditional state law is called
(p. 15)
of the law.
restatements
p. 7)Trial lawyers are also referred to as .
litigators
(p. 18) are recognized as binding between two parties even though no specific statute or regulation
provides for the rights of the parties.
Private laws
Page 1 of 143
, 1
(p. 4) Legal
positivists believe that agreed upon laws should be uniformly and strictly enforced and may only be
changed by the government.
TRUE
(p. 5) Law
today is crucial to business by creating some degree of reliability to be used in business planning and
commercial transactions.
TRUE
Law must always be considered when making business decisions and when planning.
States tend to amend their constitutions less frequently than is the case with the United States Constitution.
(p. 8)
FALSE
It is much more difficult to change the U.S. Constitution than individual state constitutions.
(p. 9) A presidential veto may be overridden by a 2/3 majority vote of the Senate.
FALSE
A repeal of a presidential veto requires a 2/3 vote of Congress.
Legal Realism is the oldest form of American jurisprudence and was founded during the American
(p. 4)
Revolution and forms the basis for the United States Constitution.
FALSE
Legal realism arose after World War I.
(p. 10) Courts
regularly question and overturn administrative agency decisions involving how and when an agency
enforces a regulation.
FALSE
Courts are highly differential to agency decisions.
(p. 11) The
power of courts to establish law in matters not specifically addressed by statutes is very limited in
common law countries.
FALSE
Such power is limited in civil law countries but not so in common law countries.
Equitable remedies are available to compensate injured parties in both civil and criminal lawsuits.
(p. 11)
FALSE
Equitable remedies are only available in civil cases.
Most states have separate courts of law and equity.
(p. 11)
FALSE
Page 2 of 143
,1
Most modern courts are combined courts of law and equity.
Page 3 of 143
, 1
(p. 12) A
statute of limitations determines the maximum and minimum amounts of monetary relief that may be
granted in different types of civil law suits.
FALSE
A statute of limitations sets the time within which a law suit must be filed after an injury occurs.
(p. 15) The purpose of secondary sources of law is to increase uniformity and fairness across courts in the 50
states.
TRUE
Secondary sources of law allow each state to refer to a singular explanation of various laws for increased
consistency.
A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.
(p. 18)
FALSE
The same act may result in both civil and criminal liability.
(p. 18) A
zoning law which regulates what a landowner may or may not do with their privately owned property is
an example of a public law.
TRUE
Zoning laws are based on statutes and ordinances.
(p. 18) Laws
which require that police show reasonable cause and obtain a search warrant before entering a place
of business to search for evidence would be examples of substantive laws.
FALSE
Search and seizure laws are examples of procedural laws.
Criminal law is designed to compensate parties for money lost as a result of another's unlawful conduct.
(p. 18)
FALSE
Only civil law actions may result in monetary damages.
(p. 18) For private law to be applied, there must be a statute or ordinance enacted that provides for the rights of the
parties.
FALSE
Statutes and ordinances result in public law.
Criminal law can also be characterized as public law but can never be considered private law.
(p. 18)
TRUE
Criminal law must be statutory and is therefore public law.
Page 4 of 143
