1. Philosophers and jurists agree on a single definition of law: rules of civil conduct prescribed by the
supreme power of a state, commanding what is right and prohibiting what is wrong.
ANS: F PTS: 1
2. The law is the same as moral and ethical concepts.
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3. Law and justice represent separate and distinct concepts.
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4. Substantive law establishes the rules for enforcing rights that exist in a society.
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5. The federal Constitution provides that federal statutes and treaties are paramount to state constitutions.
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6. Usual remedies granted in a criminal case include compensation for the victim.
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7. The law does not change; it is based on unchanging and universal truths.
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8. A reason for the application of sanctions is to assure that laws will be enforced.
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9. A private citizen may bring a criminal action against an individual for breaking a criminal law.
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10. Under the civil law system, adversaries initiate and conduct litigation.
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11. The doctrine of stare decisis has the disadvantage of not allowing sufficient flexibility for the common
law to change.
,12. In nearly every jurisdiction in the United States, courts of common law and courts of equity have
combined into a single court that administers both systems of law.
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13. State statutes are subordinate to state constitutional mandates.
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14. Laws that are enacted by legislatures are called statutes.
ANS: T PTS: 1
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 is used in most of Europe, Scotland, and Latin America.
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19. Decisions in state trial courts generally are reported or published.
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20. The principle of stare decisis precludes courts from changing any decisions they previously
announced.
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21. Under the principle of stare decisis, the U.S. Supreme Court must follow a rule of law applied by a
district court (federal trial court) in a prior decision involving a similar issue.
ANS: F PTS: 1
22. Common law systems of jurisprudence follow the inquisitorial method of adjudication.
, 23. Business law topics such as contracts, agency, property, and trusts are governed primarily by the
common law.
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24. The law is pervasive, and it is in part prohibitory and in part mandatory.
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25. If the State of Minnesota negotiates 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.
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26. In the United States, treaties are not subject to judicial review.
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27. The party bringing a civil lawsuit must prove the case by a preponderance of the evidence.
ANS: T PTS: 1
28. The primary function of law is to preserve the state.
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29. Business law is primarily public law.
ANS: F PTS: 1
30. Decisions of state courts of appeals are published in volumes known as "reports."
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31. The terms "law" and "justice" are interchangeable.
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32. The President of the United States has the authority to issue laws.
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33. You find a decision of the U.S. Court of Appeals in the Federal Reporter.
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