Test Bank For Introduction to Law 6th Edition By Joanne B.
Hames; Yvonne Ekern
2 main sources of Law - ANSWER:1.) Enacted Law
2.)Common Law
Precenent - ANSWER:Prior court decisions
Not all problems are for which the courts will supply a remedy? T/F - ANSWER:True
As values in society change, laws often do too. T/F - ANSWER:True
It is important for a party to litigation to know whether a client's facts are analogous
to or distinguishable from those in prior court decisions. T/F - ANSWER:True
Law - ANSWER:Rules made by parliament and enforceable by the courts
Why we study law? - ANSWER:Defines what constitutes appropriate behavior; gives
an understanding of what we can and can't do
Legal team in a law firm? - ANSWER:Attorney, Paralegal, law clerk, Security
Successful litigation begins with proper preparation and investigation of both the
facts and the law. T/F - ANSWER:True
Jurisprudence - ANSWER:The study of legal philosophy
Theories of Jurisprudence - ANSWER:Natural law, Legal positivism, formalist, realist,
Originalism, Evolutionary
Natural Law - ANSWER:Man-made law
Legal Positivism - ANSWER:A law is valid as long as it was passed by the appropriate
lawmaking agency
Formalist - ANSWER:Proper role of the judge is to simply to apply the law
Realist - ANSWER:Decisions are not reached by a strict application of the principles
of logic because judges must frequently decide between contradictory rules.
Originalism view/approach - ANSWER:Strict construction that narrowly interprets
the text of the Constitution in a manner that is consistent with what most people
understood those words to mean at the time that they were written
, Evolutionary ("Living Law") view/approach - ANSWER:Judges should seek to
determine the underlying goal or value that the drafters had in mind at the time they
wrote the law.
The Declaration of Independence is an example of natural law. T/F - ANSWER:True
The legislative, executive, and judicial branches are all involved in making law. T/F -
ANSWER:True
The U.S. Constitution was written so clearly and unambiguously that its terms rarely
require court interpretation. T/F - ANSWER:False
If a court interprets a statute in a way that the legislature did not intend, the
legislature can amend the statute to more clearly state its intent. T/F - ANSWER:True
The wording of statutes is much more specific than that of administrative
regulations. T/F - ANSWER:False
Civil law deals with harm to society as a whole; criminal law deals with harm just to
an individual. T/F - ANSWER:False... opposite
Some areas of law are covered by both federal and state statutes. T/F -
ANSWER:True
The same standard of proof is applied in civil and criminal cases. T/F - ANSWER:False
Civil...51% Criminal... beyond a reasonable doubt
A single event can become the basis of an action in both the criminal and civil courts.
T/F - ANSWER:True
Charging a person with a criminal violation and suing that person civilly constitutes
double jeopardy. T/F - ANSWER:False Know double jeopardy and res judicata
Crimes can generally be classified as either felonies or misdemeanors. T/F -
ANSWER:True
Felony - ANSWER:a crime, typically one involving violence, regarded as more serious
than a misdemeanor, and usually punishable by imprisonment for more than one
year or by death.
Misdemeanor - ANSWER:(n.) a crime or offense that is less serious than a felony; any
minor misbehavior or misconduct
Civil actions involve private actions to redress individual wrongs. T/F - ANSWER:True
Judicial Decision - ANSWER:Affirm, Reverse, Remand
Hames; Yvonne Ekern
2 main sources of Law - ANSWER:1.) Enacted Law
2.)Common Law
Precenent - ANSWER:Prior court decisions
Not all problems are for which the courts will supply a remedy? T/F - ANSWER:True
As values in society change, laws often do too. T/F - ANSWER:True
It is important for a party to litigation to know whether a client's facts are analogous
to or distinguishable from those in prior court decisions. T/F - ANSWER:True
Law - ANSWER:Rules made by parliament and enforceable by the courts
Why we study law? - ANSWER:Defines what constitutes appropriate behavior; gives
an understanding of what we can and can't do
Legal team in a law firm? - ANSWER:Attorney, Paralegal, law clerk, Security
Successful litigation begins with proper preparation and investigation of both the
facts and the law. T/F - ANSWER:True
Jurisprudence - ANSWER:The study of legal philosophy
Theories of Jurisprudence - ANSWER:Natural law, Legal positivism, formalist, realist,
Originalism, Evolutionary
Natural Law - ANSWER:Man-made law
Legal Positivism - ANSWER:A law is valid as long as it was passed by the appropriate
lawmaking agency
Formalist - ANSWER:Proper role of the judge is to simply to apply the law
Realist - ANSWER:Decisions are not reached by a strict application of the principles
of logic because judges must frequently decide between contradictory rules.
Originalism view/approach - ANSWER:Strict construction that narrowly interprets
the text of the Constitution in a manner that is consistent with what most people
understood those words to mean at the time that they were written
, Evolutionary ("Living Law") view/approach - ANSWER:Judges should seek to
determine the underlying goal or value that the drafters had in mind at the time they
wrote the law.
The Declaration of Independence is an example of natural law. T/F - ANSWER:True
The legislative, executive, and judicial branches are all involved in making law. T/F -
ANSWER:True
The U.S. Constitution was written so clearly and unambiguously that its terms rarely
require court interpretation. T/F - ANSWER:False
If a court interprets a statute in a way that the legislature did not intend, the
legislature can amend the statute to more clearly state its intent. T/F - ANSWER:True
The wording of statutes is much more specific than that of administrative
regulations. T/F - ANSWER:False
Civil law deals with harm to society as a whole; criminal law deals with harm just to
an individual. T/F - ANSWER:False... opposite
Some areas of law are covered by both federal and state statutes. T/F -
ANSWER:True
The same standard of proof is applied in civil and criminal cases. T/F - ANSWER:False
Civil...51% Criminal... beyond a reasonable doubt
A single event can become the basis of an action in both the criminal and civil courts.
T/F - ANSWER:True
Charging a person with a criminal violation and suing that person civilly constitutes
double jeopardy. T/F - ANSWER:False Know double jeopardy and res judicata
Crimes can generally be classified as either felonies or misdemeanors. T/F -
ANSWER:True
Felony - ANSWER:a crime, typically one involving violence, regarded as more serious
than a misdemeanor, and usually punishable by imprisonment for more than one
year or by death.
Misdemeanor - ANSWER:(n.) a crime or offense that is less serious than a felony; any
minor misbehavior or misconduct
Civil actions involve private actions to redress individual wrongs. T/F - ANSWER:True
Judicial Decision - ANSWER:Affirm, Reverse, Remand
