1- One primary source of American law is PDF

Title 1- One primary source of American law is
Author Anonymous User
Course Business Law I
Institution Fullerton College
Pages 13
File Size 457.5 KB
File Type PDF
Total Downloads 117
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Homework about ch 1 to ch 3...


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. One primary source of American law is: a. The Declaration of Independence b. The Magna Carta c. The U.S. Constitution d. The United Nations Hide Feedback Correct 2. State constitutions are a primary source of law. a. True b. False Hide Feedback Correct Check My Work Feedback Correct. But remember that the U.S. Constitution is always supreme. Sources of American Law 3. Law based on documents setting forth the general organization, powers, and limits of the government is called .

Hide Feedback Correct Check My Work Feedback Sources of American Law 4. Of the U.S. laws, including state laws, the U.S. Constitution is .

Hide Feedback Correct Check My Work Feedback Sources of American Law 5. If the U.S. Supreme Court determines that a state criminal law violates a provision of the Fourth Amendment to the U.S. Constitution, that law will be declared .

Hide Feedback Correct Check My Work Feedback Sources of American Law 6. Statutes, which are primary sources of law, come from the U.S. Congress and state and local

legislatures . Fill in the blanks with words that would best complete the passage. commissions common law Bill of Rights

Hide Feedback Correct Check My Work Feedback Sources of American Law 7. The U.S. Congress passes federal statutes which do not apply to states, but only to the federal government. a. True b. False Hide Feedback Correct Check My Work Feedback Correct. Federal statutes that are passed under the constitutional authority of Congress apply to the states as well as to the federal government. Sources of American Law 8. The is a uniform law adopted by all states that facilitates business transactions.

Hide Feedback Correct Check My Work Feedback Sources of American Law 9. Administrative agencies are created to: a. provide more efficient government office management. b. act as a buffer between the executive and legislative branches of government. c. perform specific government functions delegated to them by the legislature. d. issue proclamations and edicts on behalf of the executive branch. Hide Feedback Correct 10. The Federal Trade Commission is an example of:

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Correct Check My Work Feedback Sources of American Law 11. Case law is based on the decisions made by those who run administrative agencies. a. True b. False Hide Feedback Correct Check My Work Feedback Correct. Sources of American Law 12. Case law is derived from judges' decisions for actual cases. a. True b. False Hide Feedback Correct Check My Work Feedback Correct. Sources of American Law

WORKSHEET #2 1 . In the English system, upon which the American system is based, "remedies at law" consisted of any action or order that would correct the wrong. a. True b. False Hide Feedback Correct Check My Work Feedback Correct. Remedies at law were limited to the awarding of something of value. This meant land, money, or some other good of value. The Common Law Tradition 2. Remedies include specific performance.

Hide Feedback Correct Check My Work Feedback The Common Law Tradition 3. A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles and facts. a. True b. False Hide Feedback Correct Check My Work Feedback Correct. The Common Law Tradition 4. Part of common law tradition relies on the doctrine of stare decisis . Fill in the blanks with words that would best complete the passage. in rem jurisdiction precedence

Hide Feedback Correct Check My Work Feedback The Common Law Tradition 5. The Latin term stare decisis means:

a. to stare on principle. b. to stand as a witness. c. to stand on the statutory language. d. to stand on decided cases. Hide Feedback Correct 6. A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include Hide Feedback Correct Check My Work Feedback The Common Law Tradition 7. United States Supreme Court opinions are until they are overruled by the Supreme Court or Congress.

Hide Feedback Correct Check My Work Feedback The Common Law Tradition 8. Select three types of persuasive authority which judges may use in cases of first impression. a. nonbinding precedents from other jurisdictions b. news reports from other jurisdictions c. public policy issues d. unpublished opinions e. personal philosophies Hide Feedback Correct 9. Select the order for the following words to form the basic steps in legal reasoning: Conclusion

Rule

Issue

Application

Hide Feedback Correct Check My Work Feedback The Common Law Tradition 10. Generally speaking, the Restatements of Law: a. are used only by courts of equity b. are not used as much as they were historically c. summarize the common law rules followed by most states. Hide Feedback Correct 11. Match the theory of jurisprudence to the correct description

Correct Pair Incorrect Pair Hide Feedback Correct Check My Work Feedback Schools of Legal Thought

1. Correct. Natural law 1. Allocated. Doctrines that have withstood the passage of time help guide us in shaping present laws. 2. Allocated. Customary practices and the circumstances surrounding the transaction guide us in shaping the decision. 3. Correct. Selected. Universal law applies to all human beings. 4. Allocated. There is no law higher than the laws created by the government.

2. Correct. Historical 1. Correct. Selected. Doctrines that have withstood the passage of time help guide us in shaping present laws. 2. Allocated. Customary practices and the circumstances surrounding the transaction guide us in shaping the decision. 3. Allocated. Universal law applies to all human beings. 4. Allocated. There is no law higher than the laws created by the government.

3. Correct. Positivist 1. Allocated. Doctrines that have withstood the passage of time help guide us in shaping present laws. 2. Allocated. Customary practices and the circumstances surrounding the transaction guide us in shaping the decision. 3. Allocated. Universal law applies to all human beings. 4. Correct. Selected. There is no law higher than the laws created by the government.

4. Correct. Legal realism 1. Allocated. Doctrines that have withstood the passage of time help guide us in shaping present laws. 2. Correct. Selected. Customary practices and the circumstances surrounding the transaction guide us in shaping the decision. 3. Allocated. Universal law applies to all human beings. 4. Allocated. There is no law higher than the laws created by the government. 12. Law can be divided into which of the two following categories? a. procedural law b. good law c. bad law d. administrative law e. substantive law f. constitutional law Hide Feedback Correct 13. Civil law, as opposed to criminal law, can best be described as: a. the law that governs relations between persons. b. the law that governs relations between nations. c. the law concerned with wrongs against society. d. the law concerned with court processes.

Hide Feedback Correct 14. Which of the following CANNOT be at issue in criminal law? a. A law against stealing b. A law against injuring someone with a firearm c. A law against not performing an employment agreement d. A law against selling government secrets to another nation Hide Feedback Correct 15. Cyberlaw is a new type of law. a. True b. False Hide Feedback Correct Check My Work Feedback Correct. Cyberlaw is the term used to discuss both new laws and modifications of traditional laws that relate to the online environment. WORKSHEET 3 In the field of legal research, a "citation" is: a. the location of a trial court or court of original jurisdiction b. a reference to a publication in which a legal authority can be found c. a reference to U.S. Supreme Court cases only d. a reference to legal charges filed by the federal government against individuals Hide Feedback Correct 2. When Congress passes a law, in which publication can it be found? a. United States Statutes at Large b. United States Congressional Studies c. United States Acts at Large d. United States Federal Legislation Records Hide Feedback

Correct 3. A citation to 42 U.S.C. § 1981 means that the statute is in Section 1981 of Title 42 of the United States Code. Fill in the blanks with words that would best complete the passage. Journal Book Chapter

Hide Feedback Correct Check My Work Feedback How to Find Primary Sources of Law 4. Administrative rules and regulations can be found first in the , and then more permanently in the .

Hide Feedback Correct Check My Work Feedback How to Read and Understand Case Law

5. Match the state with the correct regional reporter.

Correct Pair Incorrect Pair Hide Feedback Correct Check My Work Feedback How to Read and Understand Case Law

1. Correct. Kentucky 1. Correct. Selected. South Western 2. Allocated. South Eastern 3. Allocated. North Eastern 4. Allocated. Atlantic 5. Allocated. Pacific

2. Correct. Pennsylvania 1. Allocated. South Western 2. Allocated. South Eastern 3. Allocated. North Eastern 4. Correct. Selected. Atlantic 5. Allocated. Pacific

3. Correct. Illinois 1. Allocated. South Western 2. Allocated. South Eastern 3. Correct. Selected. North Eastern 4. Allocated. Atlantic 5. Allocated. Pacific

4. Correct. Arizona 1. Allocated. South Western 2. Allocated. South Eastern 3. Allocated. North Eastern 4. Allocated. Atlantic 5. Correct. Selected. Pacific

5. Correct. Georgia 1. Allocated. South Western 2. Correct. Selected. South Eastern 3. Allocated. North Eastern 4. Allocated. Atlantic

5. Allocated. Pacific 6. United States Supreme Court opinions can be found in which three of the following reporters? a. United States Reports (U.S.) b. High Court Reports (H.C.) c. Supreme Court Reporter (S. Ct.) d. United States Supreme Court Reports, Lawyers Edition (L. Ed.) e. Counselor Reference Library (CRL) f. Federal Register (F.R.) Hide

Feedback Correct 7. In a case title at the appellate court level, the first party name is always the plaintiff at the trial court level.

a. True b. False Hide Feedback Correct Check My Work Feedback Correct. How to Read and Understand Case Law 8. The plaintiff is the person who files the original petition with the court to start a lawsuit.

a. True b. False Hide Feedback Correct Check My Work Feedback

Correct. The plaintiff files the initial complaint. Some courts refer to the plaintiff as the petitioner. How to Read and Understand Case Law 9. The is the party who appeals a lower court’s decision.

Hide Feedback Correct Check My Work Feedback How to Read and Understand Case Law

10. When a court's opinion is not unanimous, but most judges in that case agree with it, it is called a: a. concurring opinion b. dissenting opinion c. majority opinion d. unanimous opinion Hide Feedback Correct 11. In a particular case, Judge A does not agree at all with the other judges' opinions. Which of the following type of opinion will he write? a. A plurality opinion b. A majority opinion c. A concurring opinion d. A dissenting opinion Hide Feedback Correct...


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