1. The naturalist theory was based on what belief?

MULTIPLE CHOICE

• The naturalist theory was based on what belief?
• Few individuals have the ability to distinguish between right and wrong.
• The aristocracy have the ability to distinguish between right and wrong.
• All individuals have the ability to distinguish between right and wrong.
• The court system has the ability to distinguish between right and wrong.

ANS: C PTS: 1

• The colonists considered the Articles of Confederation largely ineffective because of

what factor?

• Widespread corruption within the government.
• The national government lacked enforcement power.
• Lack of cooperation between the three branches of government
• The governmental staff had grown too large and ineffective.

ANS: B PTS: 1

• During formation of the national government, individual states were left intact because
• the fledgling nation was at war.
• the federal government was too weak to force the states into giving up the notion

of individual statehood.

• the states threatened secession and civil war.
• they could more effectively respond to the citizens’ needs.

ANS: D PTS: 1

• Federal laws take precedence over conflicting state laws because of the
• legislative clause. c. statutory clause.
• judicial clause. d. supremacy clause.

ANS: D PTS: 1

• Before 1913, how were the House of Representatives and the Senate elected?
• The people elected both indirectly.
• The people elected the Senate indirectly.
• The people elected both directly.
• The people elected the House of Representatives indirectly.

ANS: B PTS: 1

• Congress has the sole authority to pass
• state treaties. c. international law.
• criminal law. d. statutory law.

ANS: D PTS: 1

Chapter 1 (Introduction to Law 6e Beth Walston Dunham ) (Test Bank all Chapters) 1 / 4

• At the state level, the head of the executive branch is the
• state governor. c. state legislator.
• state attorney general. d. state senators.

ANS: A PTS: 1

• Each state is entitled to appoint a number of electors based on what?
• The state’s total number of registered voters
• The state’s total number of national convention delegates
• The state’s total number of senators and representatives
• The state’s total number of federal judges

ANS: C PTS: 1

• Who elects the president if there is not a candidate with a majority of the electoral vote?
• House of Representatives c. Senate
• President of the Senate d. Supreme Court

ANS: A PTS: 1

• Federal law-enforcement agencies are considered a component of the
• executive branch. c. judicial branch.
• Federal Bureau of Investigation. d. legislative branch.

ANS: A PTS: 1

• The primary source of new law is the
• executive branch. c. Congress.
• U.S. Constitution. d. popular vote.

ANS: C PTS: 1

• The traditional balance equals the rights of the people versus what?
• The rights of society c. The rights of the individual
• The rights of the state d. The rights of the government

ANS: D PTS: 1

• Federal judges are appointed by the
• U.S. Senate. c. president.
• U.S. attorney general. d. U.S. Supreme Court.

ANS: C PTS: 1

• Which law uses precedent as a key element?
• Statutory law c. Administrative law
• Criminal law d. Judicial law

ANS: D PTS: 1

• Stare decisis literally means what? 2 / 4

• Let the decision stand. c. Let the verdict stand.
• Let the decision rest. d. Let the verdict rest.

ANS: A PTS: 1

• The ability to enforce law consistently while retaining enough flexibility to adapt to

changes in societal standards is the definition of which of the following?

• Modern law c. Current law
• Modern balance d. Current balance

ANS: B PTS: 1

• What type of law is most effective in dealing with a large or national industry that

requires monitoring for public welfare or safety?

• Administrative law c. Commercial law
• Business law d. Delegated law

ANS: A PTS: 1

• What has had the most influence on the way all U. S. law is implemented?
• Legal traditions
• An established hierarchy of authority among the branches
• The British system of law
• The Supreme Court

ANS: D PTS: 1

• State governments are responsible for handling matters not addressed by
• administrative laws. c. federal regulations.
• Congress. d. the U.S. Constitution.

ANS: D PTS: 1

• The Bill of Rights does not reflect the language of which theory?
• Naturalist theory c. Positivist theory
• Sociological theory d. Unionist theory

ANS: D PTS: 1

TRUE/FALSE

• Criminal law is the term used to describe all federal statutory law.

ANS: F PTS: 1

• The U.S. Supreme Court is the main source of all law in this country.

ANS: F PTS: 1

• The majority of Americans have more frequent personal contact with the legislative

branch than with any other branch of government. 3 / 4

ANS: F PTS: 1

• Because of the influence of societal standards on behavior, the sociological theory plays

a critical role in our governmental structure.

ANS: T PTS: 1

• Because the naturalist theory was ideally suited for the complex legal issues of the

period, it played a key role in the creation of the Supreme Court.

ANS: F PTS: 1

• Each state legislature determines the manner in which the electors are appointed.

ANS: T PTS: 1

• The executive branch was the first governmental branch established in the federal

structure.

ANS: F PTS: 1

• One of the first priorities for settlers in the NewWorld was to establish a formal legal

system different from the ones they left in Europe and Britain.

ANS: F PTS: 1

• Administrative law is primarily made up of two elements.

ANS: T PTS: 1

• The Articles of Confederation was the document that guided the new government in

advance of the U.S. Constitution.

ANS: T PTS: 1

MATCHING

Match the most appropriate term to the definition.

• modern balance f. precedent
• stare decisis g. sociological theory
• common law h. traditional balance
• statutory law i. positivist theory
• administrative law j. legal standard

• Regulations and decisions that explain and detail statutes. Such regulations and decisions

are issued by administrative agencies.

• Creation of law by the judiciary.
• / 4