Chapter 1: Nature of Law and Critical Legal Thinking
Multiple Choice


1.  

Which of the following functions does law NOT serve in a society?

Keeping the peace.
Maximizing individual freedom.
Shaping moral standards and promoting social justice.
Keeping political parties in power.


2.  

The case that overturned precedent and held that separate schools for black children and white children were unconstitutional was:

Price Waterhouse v. Hopkins
Roe v. Wade
Brown v. Board of Education
Ellison v. Brady


3.  

The natural law school of jurisprudence does NOT adhere to which of the following:

That law is based on what is correct and is essential a moral theory of law.
That law is discovered by man through the use of reason and is based on choosing between good and evil.
That law is an aggregate of social tradition and custom developed over time.
That looks up to the Constitution of the United States and the Magna Carta as documents carrying out its principles


4.  

The philosophers of which of the following schools of jurisprudential thought believe that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic or sociology:

The Command School
The Analytical School
The Historical School
The Sociological School


5.  

How is Louisiana's law different from law in the rest of the United States?

Louisiana's law stresses the importance of equitable remedies.
Louisiana's law relies on commercial law.
Louisiana's law relies on the use of English common law.
Louisiana bases its law on civil law, a system of law that serves as the foundation for the law of France and Germany.


6.  

Which of the following is not a source of law in the United States?

The U. S. Constitution
The Bible
Codified law
Judicial decisions


7.  

What do we call a summary of a case that includes the case name and citation, key facts, the issue, holding and reasoning?

A case brief
Appellate brief
A judicial opinion
Precedent


8.  

The five components of a case you need to be able to identify when you engage in critical legal thinking are:

the judge's name, the attorneys' names, the names of the defendant and plaintiff and the outcome of the case.
the case name and citation, the judge's name, the jurisdiction in which the case occurred, the issue of the case, and the holding.
the case name and citation, the summary of the key facts in the case, the issue presented in the case, the holding, and the summary of the court's reasoning.
the judge's name, the case name and citation, the issue presented in the case, the holding, and the summary of the court's reasoning.


9.  

Which of the following is the best description of the Romano-Germanic Civil Law system?

The civil law was a code of laws applicable to the Romans and became a model for countries that adopted civil codes.
This law is based upon religious principles.
This law is based upon judicial decision making.
Many states base their laws on Romano-Germanic civil law.


10.  

Which of the following is not a characteristic of the law and economics school?

The law and economics school is sensitive to gender issues in the law.
The law and economics school keeps a sharp eye on issues related to efficiency.
The law and economics school embraces free market principles.
The law and economics school relies on cost-benefit analysis.


11.  

The party who brings the lawsuit is called:

the appellee.
the respondent.
the plaintiff.
the defendant.


12.  

Which types of law come from the President?

Administrative rules and regulations and executive orders
Constitutions and treaties.
Statutes and treaties.
Executive orders and treaties.


13.  

Which of the following is the product of legislature as it makes laws?

Administrative rules and regulations
Statutes
Treaties.
Judicial decisions.


14.  

Constitutions do which of the following?

They establish the government and its powers.
They create legal principles like stare decisis.
They tell us whom the President may make treaties with.
They tell judges how to decide cases.


15.  

Stare decisis is the principle that:

means that a judge must use good reasoning in deciding a case.
means the judge must decide the case in a timely manner.
means that a judge must follow precedent.
means that the judge must follow the reasoning of his earlier decisions.


16.  

English common law can be divided into cases decided by which of the following courts?

Law courts, merchant courts, small claims courts.
Equity courts, tax courts, merchant courts.
Equity courts, law courts, merchant courts.
Tax courts, small claims courts, law courts.


17.  

Equitable remedies are the subjects of which English court?

Chancery Courts.
Common Law Courts
Law Courts
Merchant Courts


18.  

Which national codes evolved from the Corpus Juris Civilis?

The French Civil Code of 1804
The German Civil Code of 1896
The United States Code
Both a. and b. above.


19.  

Which of the following is NOT a subject of federal statutory law?

Anti-trust laws, equal employment law, partnership law, and labor laws.
Environmental protection law, securities law, and bankruptcy law.
Corporations law, the Uniform Commercial Code, and partnership law.
Consumer protection law, partnership law, and securities law.


20.  

The holding of a court is which of the following?

The holding of a case is the statement of the key facts and the legal issues together in a judge's decision.
The holding of the case is written by the defendant's attorney and is a summary of the trial and its outcome.
The holding is the decision of the court.
The holding is the part of the decision in which judges who don't agree with the trial judge get to submit other points of view like concurrent and dissenting opinions.


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