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Chapter Overview
Multiple Choice
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The American Legal System
Multiple Choice Quiz
1
In a trial based on common law:
A)
There is no jury.
B)
The judge finds the law by considering custom.
C)
The judge must follow the wishes of the legislature.
D)
The judge is free to do whatever seems fair.
2
Common law was called common law to distinguish it from:
A)
State law.
B)
International law.
C)
Church law.
D)
Rules governing the nobility.
3
Law is defined as:
A)
An organized method of settling disputes.
B)
Rules of conduct that can be enforced.
C)
An attempt to order the way people behave.
D)
There is no single definition of law.
E)
All of the above are correct.
4
The concept of stare decisis suggests that courts should try to:
A)
Abide by past decisions.
B)
Never be bound to yesterday's law.
C)
Treat each case as a new experience in law.
D)
Decide each case based on what seems fair.
5
A precedent established by the Missouri Supreme Court can be overruled by:
A)
Any Missouri court.
B)
The Missouri Supreme Court or the U.S. Supreme Court.
C)
The supreme court of any state or the U.S. Supreme Court.
D)
Only the U.S. Supreme Court.
6
The concept of statutory construction requires judges to:
A)
Turn to the common law when they are unsure what a statute means.
B)
Dismiss a case when it is unclear what a statute means.
C)
Add their own construction to unclear statutes so that they will make sense.
D)
Consider the legislative intent of statutes to determine their meaning.
7
If you came across the citation
Schenck v. United States
249 U.S. 47 (1919), you would know that:
A)
You could find the Supreme Court's opinion for Schenck's appeal for his case against the United States in volume 249 of
United States Reports
on page 47.
B)
You could find the Supreme Court's opinion for Schenck's appeal for his case against the United States in volume 47 of
United States Reports
on page 249.
C)
You could find the Supreme Court's opinion for the United States' appeal in their case against Schenck in volume 249 of
United States Reports
on page 47.
D)
You could find the Supreme Court's opinion for the United States' appeal in their case against Schenck in volume 47 of
United States Reports
on page 249.
8
A mother seeks a judicial order that would prevent a publication from using a picture of her child that might cause the child serious emotional harm. The mother would be asking the judge to apply:
A)
Constitutional law.
B)
Statutory law.
C)
Administrative law.
D)
The law of equity.
E)
Common law.
9
A judge confronted with precedent in a common law case may disregard that precedent if:
A)
Past decisions that might otherwise apply are more than two years old.
B)
The facts in the older case differ slightly, even if in unimportant ways.
C)
Past decisions can be distinguished because the facts are significantly different or because modern life has changed.
D)
A judge may not disregard precedent.
10
Statutory law is:
A)
Based on legislation.
B)
Judge-made law.
C)
Exact and therefore never subject to judicial interpretation.
D)
Found in judicial reports.
2003 McGraw-Hill Higher Education
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2003 McGraw-Hill Higher Education