TRUE/FALSE
1. Roscoe Pound, a distinguished American jurist, defined law as predictions of the way in which a
court will decide specific legal questions.
ANS: F PTS: 1 MSC: AACSB Analytic
2. The common law system is used in most of Europe, Scotland, and Latin America.
ANS: F PTS: 1 MSC: AACSB Analytic
3. The primary function of the law is to maintain stability in the social, political, and economic
system while simultaneously permitting change.
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4. Substantive law creates legal rights and duties.
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5. The Constitution provides that federal statutes are paramount to state constitutions and statutes.
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6. The burden of proof in a criminal case is preponderance of the evidence.
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, 7. The law does not change; it is based on unchanging and universal truths.
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8. The main categories of the law are (a) substantive and procedural, (b) public and private, and (c)
civil and criminal.
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9. Law is an instrument of social control.
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10. Under the civil law system, adversaries initiate and conduct litigation.
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11. A judge deciding a common law case must look to similar cases previously decided for guidance.
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12. The United States Constitution establishes the principle of judicial review, which divides the
government into three distinct and independent branches: the judicial, executive, and legislative
(Congress).
ANS: F PTS: 1 MSC: AACSB Analytic
13. Since the end of the nineteenth century, case law developed from court opinions has been the
primary source of new law and ordered social change in the United States.
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14. A constitution restricts the powers of the government and specifies the rights and liberties of the
people.
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15. The Uniform Commercial Code is a federal law that applies to commercial transactions among
the states.
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16. Laws passed by Congress are the supreme law of the land in the United States and take
precedence over the United States Constitution.
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17. The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a
state is the Supreme Court of the United States.
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18. The common law system of law uses the inquisitorial system of determining disputes.
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19. Rodriguez and Compton asked a court for reformation of their contract based on a mutual
mistake. They seek an equitable remedy.
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, 20. The principle of stare decisis gives stability to our system of jurisprudence.
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21. Once a court has decided a case, the principle of stare decisis precludes correction of erroneous
decisions.
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22. Civil law systems, as found in the State of Louisiana and countries such as Scotland, depend on
comprehensive legislative enactments.
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23. The business law topics of contracts, agency, property, and trusts are governed primarily by the
common law.
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24. One important source of law in the United States is the Restatement of law.
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25. The State of Minnesota has been negotiating with the Canadian government on issues involving
acid rain and eventually reaches an agreement with Canadian officials. This is a valid treaty under
the United States Constitution.
ANS: F PTS: 1 MSC: AACSB Reflective Thinking
26. In the United States, treaties are not subject to judicial review.