LAW 231 Midterm
You've decided to buy some rental property but know very little about the law regarding
landlord-tenant relations. You head to the local law library to do a little research on the subject. The
law librarian is extremely helpful, and with his help, you have lots of reading material about
landlord-tenant law!
You discover there are several kinds of law and that some laws are procedural and other laws are
substantive. What do you think procedural law covers?
The methods of enforcing the rights established by substantive law
The belief that as humans we are all entitled to certain fundamental rights is a component of which
school of thought?
Natural Law
The idea that each person has intrinsic biases that impact their decisions is a component of which
school of thought?
Legal Realist School
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Under the common law, which of the following is true?
In a case of first impression, a judge may use persuasive authorities rather than precedents
Historically, the common law developed from:
the unification of local customs and laws in feudal England
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The principle of stare decisis does which of the following?
creates predictability in the legal system
If a trial court judge is deciding an issue that has never come before the court (a case of first
impression), they:
may create new precedent
How a hearing or court case is conducted is governed by:
procedural law
In the United States, who creates federal statutory law?
Congress
Which of the following is an example of federal agency regulations that impact business operations?
Internal Revenue Service rules for business tax audits
A legal citation for a court decision is used by legal professionals to research the law, and includes:
party names, location of the published case, court, and date of decision.
The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954)
references the:
United States Reports.
Substantive law governs a person's:
rights and responsibilities.
State statutory law is created by:
elected members of the state legislature.
, Legal researchers will use which of the following tools to locate a court decision?
1. bound volumes of reported court decisions, organized by jurisdiction, date, and courts
2. online legal research engines such as Lexis, Westlaw, or Bloomberg
What do legal professionals use to analyze court decisions that are relevant to their clients' cases?
case briefing
Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence.
Judge Jasper believes that law is just one of many institutions in society and that it is shaped by
social forces and needs. Judge Jasper believes in the theory of jurisprudence called:
legal realism.
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a
case directly on point, which means it has the same issue and very similar facts. If the court follows
the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the
trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's
favor is an example of:
stare decisis.
Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in
the legislature proposed a law that would increase the penalty drivers would have to pay if they pass
a stopped school bus. The type of law that Elton and his colleagues will enact is known as:
statutory law.
Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of
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driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content
over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden
recently took a criminal justice course in college and remembers studying the differences between
substantive and procedural law. In his current situation, he knows that:
the law that defines the crime is a substantive law, and the law that provides for the right to appeal is
a procedural law.
Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her
neighbors. As a result of her murder, a federal statute was created that requires law enforcement
authorities to make information available to the public regarding registered sex offenders. This federal
statute was created by:
Congress.
You recently had an accident on the job. Some equipment fell on you causing a serious injury, and
your medical bills alone are likely to be over $85,000. You claim an outside vendor who was working
on the equipment that day created the problem that caused the injury, and you want to sue. You live
and work in Texas, and the outside vendor is a resident of Oklahoma.
Where do you think you should file the lawsuit?
in either federal or state court
Federal courts have exclusive subject matter jurisdiction over which of the following?
1. Bankruptcies
2. Patent/trademark/copyright cases
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