CHAPTER OBJECTIVES - license distributed with a certain product or s...

© 2015 Cengage Learning. All rights reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management sys- tem for classroom use.

CHAPTER I

Introduction

CHAPTER OBJECTIVES

• Understand each of five jurisprudential approaches to answering the question, What is law?
• Explain the legal objectives that are common to American public and private law.
• Understand how our nation’s legal history and culture have contributed to law and legal institutions

as we know them today.

• Develop the ability to read and brief an appellate court opinion.
• Explain in general terms the concepts underlying the Due Process and Equal Protection Clauses.
• Understand the basic differences between civil and criminal law.
• Understand the basic differences between tort and contract law.

TRUE/FALSE

• One example of public law would be when one person contracts to buy flowers from another.

ANS: F REF: 6 OBJ: LO2

• One example of private law would be when a state prosecutes a criminal.

ANS: F REF: 6 OBJ: LO2

• Both public and private law seek justice, speed, and economy.

ANS: T REF: 7 OBJ: LO2

• At the conclusion of a bench trial the judge will announce findings of fact, conclusions of law, and

award a judgment.

ANS: T REF: 13 OBJ: LO6

• U.S. Supreme Court cases tend to be quite long. Thus, when reading a court opinion, a student should

focus only on whether the decision was just.

ANS: F REF: 14 OBJ: LO4

• The party that appeals a suit is the appellant; the party against whom the appeal is taken is the

appellee.

ANS: T REF: 15 OBJ: LO6

• Briefing a case is the process of presenting legal arguments to the court.

(Introduction to Law and the Legal System 11e Frank August Schubert (Test Bank all Chapters) 1 / 4

2 Chapter I: Introduction

© 2015 Cengage Learning. All rights reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management sys- tem for classroom use.

ANS: F REF: 22 OBJ: LO4

• The Due Process Clause of the U.S. Constitution focuses on “life, liberty, and the pursuit

of happiness.”

ANS: F REF: 23 OBJ: LO5

• The Fifth Amendment Due Process Clause controls both the federal government and the

state governments.

ANS: F REF: 24 OBJ: LO5

• In order to meet the burden of proof to find a person guilty of a crime, the defendant’s guilt must be

proven beyond the shadow of a doubt.

ANS: F REF: 38 OBJ: LO6

• A wrongful act must be intentional to be considered a tort.

ANS: F REF: 43 OBJ: LO7

• Tort law allows an individual to require the state to file criminal charges when someone fails to meet

established standards of conduct.

ANS: F REF: 43 OBJ: LO6, LO7

• An intentional tort can lead to both criminal and civil charges.

ANS: T REF: 43 OBJ: LO7

• It is common for contracts to be imposed by law.

ANS: F REF: 44 OBJ: LO7

• When a person fails to perform a contractual obligation, they commit a tortious act.

ANS: F REF: 44 OBJ: LO 7

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Chapter I: Introduction 3

© 2015 Cengage Learning. All rights reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management sys- tem for classroom use.

MULTIPLE CHOICE

• Why were the elites attracted to the idea of historical jurisprudence?
• It resulted in the greatest fairness for the most people.
• It maintained the status quo, which preferred the elites.
• It banned lawsuits against the elites.
• It promoted rapid change and easily kept up with the times.

ANS: B REF: 2 OBJ: LO1

• In the 1960s during the Civil Rights movement, people would frequently protest laws that permitted

segregation based upon race by peacefully refusing to obey them. For example, Rosa Parks, an African American woman, was arrested for refusing to move to the back of a Montgomery bus. Many such protesters justified their disobedience based upon the belief that the segregation laws were immoral and unfair. They believed that arbitrary classifications based upon immutable traits, such as race, should not be respected as law because the government has a moral duty to treat all persons equally and fairly whatever their race. Which jurisprudential school of thought is reflected in such beliefs?

• Legal Realism c. Historical Jurisprudence
• Natural Law d. Utilitarian Law

ANS: B REF: 2 OBJ: LO1

• Which of the following legal areas retains aspects of historical jurisprudence?
• Tort law c. Real Estate law
• Family law d. Entertainment law

ANS: C REF: 3 OBJ: LO1

• Ezra is not concerned about the morality involved in Insider Trading prohibitions. Instead he

adamantly believes that because these laws are valid statutes passed by Congress, people ought to obey them—end of story. To which jurisprudential school of thought would Ezra belong?

• Natural law c. Utilitarian law
• Positive law/analytical positivism d. Sociological law

ANS: B REF: 3 OBJ: LO1

• One reason that vague criminal laws may be ruled unconstitutional is because they may authorize

arbitrary and discriminatory enforcement. Even laws that are not vague; i.e., those which seem straightforward and impartial—are often applied in an unfair manner because of the prejudices and biases of people participating in the justice system. The belief that the law is often applied in an arbitrary manner because of social realities is associated with what jurisprudential school of thought?

• Analytical Positivism
• Legal Realism or Sociological Jurisprudence
• Utilitarian Law
• Natural Law

ANS: B REF: 4 OBJ: LO1

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4 Chapter I: Introduction

© 2015 Cengage Learning. All rights reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management sys- tem for classroom use.

• Many observers disagreed with the verdict in the famous first Rodney King case, believing that the

verdict was not based on the evidence. In other words, many observers believe that race, money, and personal prejudices were the basis for the verdict, not the evidence, and that the law did not reflect what happened in the courtroom. To what jurisprudential school of thought would these observers belong?

• Analytical Positivism c. Natural Law
• Utilitarian Law d. Legal Realism

ANS: D REF: 5 OBJ: LO1

• Our nation is committed to the rule of law. What does that mean?
• Our laws were enacted for and apply primarily to the elites.
• Our laws apply to everyone— no person is above the law.
• Our laws were enacted for and apply primarily to the poor and uneducated.
• None of the above is true.

ANS: B REF: 6 OBJ: LO2

• The king most involved in the development of the English common law was
• Edward the Confessor. c. Richard III.
• John. d. Henry II.

ANS: D REF: 9 OBJ: LO3

• Which of the following was a traditional characteristic of the English law courts?
• Issuing writs of subpoena and summons. c. Following precedent when deciding cases.
• Ordering specific performance of

contracts.

• None of the above is true.

ANS: C REF: 10 OBJ: LO2

• What percentage of all lawsuits filed actually are decided at trial?
• Less than 26% c. Less than 2%
• Less than 13% d. None of the above is true.

ANS: C REF: 13 OBJ: LO6

• An appellant is
• the party who lost at the trial-court level. c. a party who brings an appeal.
• the plaintiff at the trial-court level. d. none of the above.

ANS: C REF: 15 OBJ: LO6

• When an appellate court remands a case, it
• affirms the lower court’s decision.
• reverses the lower court’s decision.
• submits the case to a higher court.
• returns the case to the lower court.

ANS: C REF: 15 OBJ: LO4

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