CHAPTER ONE. INTRODUCTION

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Test Bank for American Law and Legal Systems, 7e by James Calvi (All Chapters) 4

CHAPTER ONE. INTRODUCTION

Multiple Choice Questions

1. The underlying theory of Natural Law is that:

• There are immutable principles of right and wrong that people may discern through

their powers of reasoning;

• It is only natural for government to set laws defining right from wrong;
• The government will naturally change the laws as society changes;
• All of the above;
• None of the above.

Answer: A

• Which of the following is a function of law?

• To bestow benefits on people;
• To create new obligations with which citizens must comply;
• To proscribe certain anti-social behavior;
• To provide predictability and stability;
• All of the above.

Answer: E

• When judges interpret the meaning of constitutions, statutes, and other forms of written law,

develops.

• Administrative law;
• Common law;
• Constitutional law;
• Caselaw;
• None of the above.

Answer: D

4. Malum in se:

• Is the theoretical basis of civil law;
• Refers to acts that are inherently evil or wrong;

C. Refers to activities that are wrong merely because the legislature says so:

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• None of the above.

Answer: B

• Which of the following is correct?

• People are guaranteed due process of law by both state and national governments;
• Constitutional law deals with the interpretation of federal and state constitutions;
• Substantive law is both civil and criminal in nature.
• Administrative law is the law that controls the behavior of regulators;
• All of the above.

Answer: E

6. The distinction between a crime and a civil wrong:

• Depends on the nature of the act;
• Is that the state prosecutes civil wrongs.
• Depends on the legal consequences that follow the act;
• Is that one carries the concept of fault or blame and the other does not;

• All of the above.

Answer: C

7. The theory of law that holds that law evolves as society does is:

• The positive theory of law;
• The sociological theory of law;
• Legitimacy of law;
• Natural law;
• Theory of certiorari.

Answer: B

• Which of the following is correct?

• People obey the law because of fear;
• People obey the law because they believe the lawmaker has legitimacy;
• People obeythe law because of habit;
• People obey or disobey the law based on their own sense of right and wrong.
• All of the above.

Answer: E

9. Bob Jones University v. United States:

• Involved statutory law because the Court had to deal with the University's claim under the Free

Exercise Clause of the Constitution about its discrimination based on religious grounds;

• Involved administrative law because the Court interpreted the meaning of Internal Revenue Code §§

501(c)(3) and 170;

• Involved constitutional law because the Court examined the Internal Revenue Service’s

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• All of the above;
• None of the above.

Answer: E

• The theory of law that holds that law is whatever the supreme authority can command and enforce is:
• Positive theory of law;
• The divine right of kings;
• The sociological theory of law;
• Rationalistic theory of law;
• None of the above.

Answer: A

• When a private citizen files a lawsuit against another private citizen, this is a:

• Criminal case;
• Civil case;
• Misdemeanor;
• Writ of certiorari

- ,

• All of the above.

Answer: B

12. Natural law:

• Is man-made law;
• Is without moral overtones;
• May lead to civil disobedience when the "higher law" conflicts with positive law;
• Is without influence in American law;
• None of the above.

Answer: C

• A student at your university has been denied financial aid. Which of the following is correct?
• If the denial is because her income is too great, that is an example of substantive law;
• If the denial is based on her failure to meet the deadlines for filing the paperwork, that is an example of

procedural law;

• If the denial is based on her gender, that is an example of violation of constitutional law;
• If the denial is based on a university policy (such as not meeting required academic progress

standards set by the university), that is an example of administrative law;

• All of the above.

Answer: E

14. Common law:

• Is created by city councils;
• Is created by the decisions of judges and juries in the absence of positive law;
• Is created by Congress;
• Is created by state legislatures;
• None of the above.

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Answer: B

• Which of the following illustrates how law bestows benefits on people?

• A law increasing taxes;
• A law requiring military service;
• A law making internet fraud a crime;
• A law creating a student loan program;
• None of the above.

Answer: D

Essay Questions

• Identify and discuss functions of law in society.

• Define the concept of legitimacy and apply it to the law.

• Discuss the philosophy of John Locke and its application to American political thought.

• Compare and contrast the sources of law in society including, but not limited to, natural law,

positive law; and sociological approach to law.

• Define and compare and contrast various kinds of law such as substantive v. procedural, civil

including equity v. criminal, public (constitutional, criminal, administrative, and environmental)

• private law, and case law.

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