BLAW 200 Chapter 1 Quiz || ANSWERS 100%
CORRECT.
You are walking normally through the mall. Unbeknownst to you or to the mall owner, an
elevator motor has begun leaking oil, dripping onto the ceiling of the elevator and then onto
its floor. When riding the elevator, you step in the oil, and upon exiting the elevator, you slip
on the sleek floor, breaking your hip.
Under the common law, which of the following is true:
A) You are likely in France.
B) The court will look to the code or cases involving criminal law.
C) The court will look to the opinions of other judges.
D) If the judge writes an opinion in your case, it cannot be used by litigants in future cases.
correct answers C) The court will look to the opinions of other judges.
Rationale: [c] is correct, because the common law is primarily based in case law developed
over many centuries, and cases are the collected opinions of courts (i.e., judges).
Which of the following would be an approximate rank order of societies from most likely to
follow the rule of law to least likely to follow the rule of law. In other words, rank the
following societies from "most lawful" to "least lawful":
A) United States, England, Sweden, Australia, New Zealand
B) England, France, Germany, Brazil, Japan
C) England, Brazil, India, New Zealand, Norway
D) Finland, United States, Italy, Venezuela, North Korea
E) Denmark, New Zealand, Canada, India, United States correct answers D) Finland, United
States, Italy, Venezuela, North Korea
Rationale: One way to visualize "the rule of law" is to look to the degree of corruption in a
society. The level of corruption in a society is a useful indication of an absence of the rule of
law. In other words, where the rule of law exists, corruption is limited; where corruption
exists, the rule of law is limited. Transparency International maintains a Corruption
Perceptions Index, which is a useful tool to view approximate social institutions including the
rule of law.
Under both the U.S. and English common law systems, which historical system provided
relief in a case of extreme unfairness even if a legal rule did not:
A) Ecclesiastical (or "Canon") Law
B) Positive Law
C) Courts of Equity
D) Courts of Law
E) Writ of Mandamus correct answers C) Courts of Equity
Rationale: A court of equity applies principles of equity based on Roman law, natural law,
and broader notions of fairness. This was in many ways a "backstop" or last resort to avoid an
injustice. In the U.S., these courts were merged, so a judge sitting in a "court of law" can
issue equitable relief as well.
T/F: Japanese law is to a large extent German law. correct answers TRUE
Rationale:During the Meiji Restoration in the latter half of the 1800s, Japan looked first to the
French Code Civil as a model for its new laws. The Japanese experts who traveled abroad
were extremely well acquainted not only with French law, but also with its Roman
, antecedents. Efforts to adapt the French code to Japan were extensive—but were halted when
Japan discovered and explored the draft of the German civil code. The Bürgerliches
Gesetzbuch was an even better match for the Japanese, and so the new Japanese Civil Code is
based extensively on the German code. In short, Japanese law is to a large extent German
law. Due to Japan's imperial role, German law then migrated to Taiwan and South Korea.
Roman law has found its way to the farthest reaches of Asia through its German and French
descendants.
T/F: Legislatures may override the common law. correct answers TRUE
Rationale:A common law rule—which is an accumulation of court decisions in cases—may
be overridden by a statutory law (by a legislature), or by regulation (by an administrative
agency).
In regulation, the interests of the parties, including the government, are:
A) in opposition in nearly all ways
B) aligned in nearly all ways
C) differing but with substantial overlap
D) dependent upon Congressional approval
E) irrelevant correct answers C) differing but with substantial overlap
Rationale: The regulatory process is extremely lengthy, with mandated periods for public
comment following a protracted rule-making process, and followed by additional rule-
making procedures and often back-and-forth negotiations. These generally follow technical
rather than purely partisan mandates. Both sides (the agency and those being regulated, as
well as those interested in the regulation) are usually staffed with technically proficient
specialists who "speak the same language." The language they speak is that of the actual
subject. If, for example, the Occupational Safety and Health Administration is considering
new rules for the structure and materials used in trenching in construction sites, consider what
is likely to be at issue. One might think the construction firms will say, "Bah, humbug! We
don't want to spend money on this! Let's just dig a trench and fill it with cardboard. It'll be
okay." For a host of reasons (which should be clear after reading this text), this is highly
unlikely. Not least, such a construction company is likely to be bankrupted the first time a
trench collapses, especially if there's an email with the above statement in it. A union might
say "These rules should be far more strict! The company should have to build a complete
structure and drop it in place before anyone goes in." If that structure is too expensive, the
company will go bankrupt for a different reason, with the same result for employees. And
what of the regulators? What are they saying? The answer to all of this is in the nature of who
these individuals are. The regulators charged with making rules as to trench construction to
prevent collapses are almost certain to be experts, either by experience in construction or by
training, such as metallurgists and structural engineers. S
Which of the following is true about regulatory law?
A) It is the sole responsibility of the legislature branch.
B) It is the sole responsibility of the executive branch.
C) It is handled by agencies under select legislative commissions.
D) It is vast, authorized and overseen by the legislature and controlled by the executive
branch.
E) It is vast, authorized by the judicial branch and operated jointly by the executive and the
legislative branches. correct answers D) It is vast, authorized and overseen by the legislature
and controlled by the executive branch.
CORRECT.
You are walking normally through the mall. Unbeknownst to you or to the mall owner, an
elevator motor has begun leaking oil, dripping onto the ceiling of the elevator and then onto
its floor. When riding the elevator, you step in the oil, and upon exiting the elevator, you slip
on the sleek floor, breaking your hip.
Under the common law, which of the following is true:
A) You are likely in France.
B) The court will look to the code or cases involving criminal law.
C) The court will look to the opinions of other judges.
D) If the judge writes an opinion in your case, it cannot be used by litigants in future cases.
correct answers C) The court will look to the opinions of other judges.
Rationale: [c] is correct, because the common law is primarily based in case law developed
over many centuries, and cases are the collected opinions of courts (i.e., judges).
Which of the following would be an approximate rank order of societies from most likely to
follow the rule of law to least likely to follow the rule of law. In other words, rank the
following societies from "most lawful" to "least lawful":
A) United States, England, Sweden, Australia, New Zealand
B) England, France, Germany, Brazil, Japan
C) England, Brazil, India, New Zealand, Norway
D) Finland, United States, Italy, Venezuela, North Korea
E) Denmark, New Zealand, Canada, India, United States correct answers D) Finland, United
States, Italy, Venezuela, North Korea
Rationale: One way to visualize "the rule of law" is to look to the degree of corruption in a
society. The level of corruption in a society is a useful indication of an absence of the rule of
law. In other words, where the rule of law exists, corruption is limited; where corruption
exists, the rule of law is limited. Transparency International maintains a Corruption
Perceptions Index, which is a useful tool to view approximate social institutions including the
rule of law.
Under both the U.S. and English common law systems, which historical system provided
relief in a case of extreme unfairness even if a legal rule did not:
A) Ecclesiastical (or "Canon") Law
B) Positive Law
C) Courts of Equity
D) Courts of Law
E) Writ of Mandamus correct answers C) Courts of Equity
Rationale: A court of equity applies principles of equity based on Roman law, natural law,
and broader notions of fairness. This was in many ways a "backstop" or last resort to avoid an
injustice. In the U.S., these courts were merged, so a judge sitting in a "court of law" can
issue equitable relief as well.
T/F: Japanese law is to a large extent German law. correct answers TRUE
Rationale:During the Meiji Restoration in the latter half of the 1800s, Japan looked first to the
French Code Civil as a model for its new laws. The Japanese experts who traveled abroad
were extremely well acquainted not only with French law, but also with its Roman
, antecedents. Efforts to adapt the French code to Japan were extensive—but were halted when
Japan discovered and explored the draft of the German civil code. The Bürgerliches
Gesetzbuch was an even better match for the Japanese, and so the new Japanese Civil Code is
based extensively on the German code. In short, Japanese law is to a large extent German
law. Due to Japan's imperial role, German law then migrated to Taiwan and South Korea.
Roman law has found its way to the farthest reaches of Asia through its German and French
descendants.
T/F: Legislatures may override the common law. correct answers TRUE
Rationale:A common law rule—which is an accumulation of court decisions in cases—may
be overridden by a statutory law (by a legislature), or by regulation (by an administrative
agency).
In regulation, the interests of the parties, including the government, are:
A) in opposition in nearly all ways
B) aligned in nearly all ways
C) differing but with substantial overlap
D) dependent upon Congressional approval
E) irrelevant correct answers C) differing but with substantial overlap
Rationale: The regulatory process is extremely lengthy, with mandated periods for public
comment following a protracted rule-making process, and followed by additional rule-
making procedures and often back-and-forth negotiations. These generally follow technical
rather than purely partisan mandates. Both sides (the agency and those being regulated, as
well as those interested in the regulation) are usually staffed with technically proficient
specialists who "speak the same language." The language they speak is that of the actual
subject. If, for example, the Occupational Safety and Health Administration is considering
new rules for the structure and materials used in trenching in construction sites, consider what
is likely to be at issue. One might think the construction firms will say, "Bah, humbug! We
don't want to spend money on this! Let's just dig a trench and fill it with cardboard. It'll be
okay." For a host of reasons (which should be clear after reading this text), this is highly
unlikely. Not least, such a construction company is likely to be bankrupted the first time a
trench collapses, especially if there's an email with the above statement in it. A union might
say "These rules should be far more strict! The company should have to build a complete
structure and drop it in place before anyone goes in." If that structure is too expensive, the
company will go bankrupt for a different reason, with the same result for employees. And
what of the regulators? What are they saying? The answer to all of this is in the nature of who
these individuals are. The regulators charged with making rules as to trench construction to
prevent collapses are almost certain to be experts, either by experience in construction or by
training, such as metallurgists and structural engineers. S
Which of the following is true about regulatory law?
A) It is the sole responsibility of the legislature branch.
B) It is the sole responsibility of the executive branch.
C) It is handled by agencies under select legislative commissions.
D) It is vast, authorized and overseen by the legislature and controlled by the executive
branch.
E) It is vast, authorized by the judicial branch and operated jointly by the executive and the
legislative branches. correct answers D) It is vast, authorized and overseen by the legislature
and controlled by the executive branch.
