Test Bank for Introduction To Law , 6th Edition

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Test BankforIntroduction to LawSixth EditionJoanne Banker HamesDeAnza Community CollegeYvonne EkernSanta Clara University, School of Law

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ivCONTENTSTestBank Word ExportsChapter 1: Introduction to Law57Chapter 2: The U.S. Legal System70Chapter 3: The Courts and Legal Personnel85Chapter 4: Finding the Law: Legal Research99Chapter 5: Using the Law: Legal Analysis and Writing113Chapter 6: Constitutional Law128Chapter 7: Tort Law144Chapter 8: Family Law158Chapter 9: Estate Planning: Wills, Trusts, and Probate172Chapter 10: Contract and Property Law187Chapter 11: The Business Environment202Chapter 12: Civil Procedure Before Trial216Chapter 13: Alternative Dispute Resolution231Chapter 14: Criminal Practice: Criminal Law and Juvenile Law246Chapter 15: Criminal Procedure before Trial260Chapter 16: Rules of Evidence275Chapter 17: The Trial289Chapter 18: Alternative Dispute Resolution304

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57TESTBANKIntroduction to Law, 6e(Hames/Ekern)Chapter 1Introduction to Law1.1Multiple-Choice Questions1) Which of the following refers to a set of rules and procedures usually intended to regulatesome aspect of society?A) CodeB) LawC) PrecedentD) RuleAnswer: BPage Ref: 2Objective: Define the term law.Level: Basic2) Which of the following refers to a legal system based primarily on written constitutionsand written laws or codes?A) Civil lawB) Common lawC) Precedent lawD) Stare decisisAnswer: APage Ref: 3Objective: Explain the basic concepts of a civil law legal system.Level: Basic3) Which of the following refers to a body of law developed through the courts?A) CodeB) Civil lawC) Common lawD) PrecedentAnswer: APage Ref: 3Objective: Explain the basic concepts of a common law legal system.Level: Basic4) Which of the following refers to an example set by the decision of an earlier court forsimilar cases or similar legal questions that arise in later cases?A) CodeB) PrecedentC) StandardD) None of the aboveAnswer: BPage Ref: 3Objective: List some of the historical origins of law.Level: Basic

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585) Which of the following refers to the study of the philosophy of law?A) JurisprudenceB) Legal positivismC) Legal realismD) Legal negativismAnswer: APage Ref: 4Objective: List and describe three major philosophical theories of law.Level: Basic6) Which of the following refers to a philosophical theory holding that law reflects the moraland unchangeable laws of nature?A) JurisprudenceB) Natural theory of lawC) Legal positivismD) Legal RealismAnswer: APage Ref: 4Objective: List and describe three major philosophical theories of law.Level: Basic7) Which of the following refers to a philosophical theory holding that the validity of law isnot related to morality?A) JurisprudenceB) Natural theory of lawC) Legal positivismD) Legal RealismAnswer: CPage Ref: 4Objective: List and describe three major philosophical theories of law.Level: Basic8) Which of the following refers to a philosophical theory that laws are created by judges andtherefore subject to individual beliefs and prejudices?A) JurisprudenceB) Natural theory of lawC) Legal positivismD) Legal RealismAnswer: DPage Ref: 4Objective: List and describe three major philosophical theories of law.Level: Basic

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599) Which of the following refers to a method for categorizing or classifying laws?A) Whether the law is constitutional law, statutory law or case lawB) Whether the law is substantive or proceduralC) Whether the law is criminal or civilD) All of the aboveAnswer: DPage Ref: 4Objective: List three important categories of law.Level: Basic10) Which of the following refers to a non-contractual civil wrong?A) TortB) OffenseC) FaultD) RegulationAnswer: APage Ref: 4Objective: List three important categories of law.Level: Basic11) Which of the following define the rights and duties of parties and establish the legalbases for any lawsuit?A) Procedural lawsB) Basic lawsC) Fundamental lawsD) Substantive lawsAnswer: DPage Ref: 5Objective: Explain the purpose of substantive laws.Level: Basic12) Which of the following relate to the enforcement of the substantive rights and duties?A) Procedural lawsB) Basic lawsC) Fundamental lawsD) Substantive lawsAnswer: APage Ref: 5Objective: Explain the purpose of procedural laws.Level: Basic

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6013) Which of the following refers to the procedural rules adopted by all courts regulatingpractice in the court?A) Due process of courtB) JurisdictionC) Rules of courtD) None of the aboveAnswer: CPage Ref: 6Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Basic14) Which of the following refers to the power of authority to act in a certain situation; thepower of a court to hear cases and render judgements?A) Due process of lawB) JurisdictionC) Rules of courtD) All of the aboveAnswer: BPage Ref: 6Objective: Explain the purpose of procedural laws.Level: Basic15) Which of the following refers to an act in violation of a criminal statute?A) IndigentB) CrimeC) ActD) All of the aboveAnswer: BPage Ref: 8Objective: Provide examples of substantive criminal laws and substantive civil laws.Level: Basic16) Which of the following refers to the amount of proof necessary for most civil cases?A) Preponderance of the evidenceB) Beyond a reasonable doubtC) Burden of proofD) Probable causeAnswer: APage Ref: 8Objective: Provide examples of substantive criminal laws and substantive civil laws.Level: Basic

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6117) Which of the following refers to the amount of proof necessary for conviction in acriminal case?A) Preponderance of the evidenceB) Beyond a reasonable doubtC) Burden of proofD) Probable causeAnswer: APage Ref: 8Objective: Provide examples of substantive criminal laws and substantive civil laws.Level: Basic18) Which of the following refers to a finding of responsibility in a civil case?A) AccountableB) ResponsibleC) GuiltyD) LiableAnswer: DPage Ref: 8Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Basic19) Which of the following refers to a finding of not guilty in a criminal case?A) Nolo contenderB) InnocentC) Hung juryD) AcquittalAnswer: DPage Ref: 8Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Basic20) Which of the following refers to a summary of a Supreme Court case written by thereporter of decisions?A) WritB) Case lawC) BriefD) SyllabusAnswer: DPage Ref: 10Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Basic

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621.2True/False Questions1) A set of rules and procedures usually intended to regulate some aspect of society is knownas law.Answer: TRUEPage Ref: 2Objective: Define the term law.Level: Basic2) The origins and development of laws and legal systems are rarely based on the actions ofgovernment and religion.Answer: FALSEPage Ref: 3Objective: List some of the historical origins of law.Level: Basic3) The term "common law," as used to describe a legal system, refers to a system basedprimarily on written constitutions and written laws or codes.Answer: FALSEPage Ref: 3Objective: Explain the basic concepts of a civil law legal system.Level: Basic4) Civil law is a body of laws developed through the courts.Answer: FALSEPage Ref: 3Objective: Explain the basic concepts of a common law legal system.Level: Basic5) Common law systems are those based on the concept of precedent or stare decisis.Answer: TRUEPage Ref: 3Objective: List some of the historical origins of law.Level: Basic6) Natural theory of law is a philosophical theory holding that law reflects the moral andunchangeable laws of nature.Answer: TRUEPage Ref: 4Objective: List and describe three major philosophical theories of law.Level: Basic

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637) Legal positivism is a philosophical theory holding that the validity of law is not related tomorality.Answer: TRUEPage Ref: 4Objective: List and describe three major philosophical theories of law.Level: Basic8) Legal realism is a philosophical theory that laws are created by judges and thereforesubject to individual beliefs and prejudices.Answer: TRUEPage Ref: 4Objective: List and describe three major philosophical theories of law.Level: Basic9) Laws are categorized in one way: whether the law is constitutional law, statutory law, orcase law.Answer: FALSEPage Ref: 4Objective: List three important categories of law.Level: Basic10) Procedural laws define the rights and duties of parties and establish the legal basis forany lawsuit.Answer: FALSEPage Ref: 5Objective: Explain the purpose of substantive laws.Level: Basic11) Substantive laws relate to the enforcement of the substantive rights and duties.Answer: FALSEPage Ref: 5Objective: Explain the purpose of procedural laws.Level: Basic12) Crimes define behavior that society has declared illegal and has decided to punish.Answer: TRUEPage Ref: 5Objective: Provide examples of substantive criminal laws and substantive civil laws.Level: Basic13) Rules of court are laws that are adopted by various courts with power given to the courtsby the legislature.Answer: TRUEPage Ref: 6Objective: Provide examples of substantive criminal laws and substantive civil laws.Level: Basic14) Defendants have a right to due process of law.

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64Answer: TRUEPage Ref: 6Objective: Provide examples of substantive criminal laws and substantive civil laws.Level: Basic15) Jurisdiction is defined as the power or authority to act in a certain situation; the power ofa court to hear cases and render judgments.Answer: TRUEPage Ref: 6Objective: Provide examples of substantive criminal laws and substantive civil laws.Level: Basic16) Beyond a reasonable doubt is defined as the amount of proof necessary for most civilcases; more likely than not.Answer: FALSEPage Ref: 8Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Basic17) Preponderance of the evidence is defined as the amount of proof necessary for aconviction in a criminal case.Answer: FALSEPage Ref: 8Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Basic18) An acquittal is a finding of not guilty in a criminal case.Answer: TRUEPage Ref: 8Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Basic19) A hung jury is a jury that cannot attain the necessary consensus or majority to reach averdict.Answer: TRUEPage Ref: 8Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Basic20) In a criminal case, the defendant is always the representative of the government.Answer: FALSEPage Ref: 8Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Basic

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651.3Fill in the Blank Questions1) ________ refers to rules created and enforced by federal, state, and local governments.Answer: LawPage Ref: 2Objective: Define the term law.Level: Basic2) Historically, the two major types of legal systems that developed were civil law systemsand ________ systems.Answer: common lawPage Ref: 3Objective: List some of the historical origins of law.Level: Basic3) The legal system based primarily on written constitutions and written laws or codes isknown as a(n) ________ system.Answer: civil lawPage Ref: 3Objective: Explain the basic concepts of a civil law legal system.Level: Basic4) Common law systems are based on the concept of ________ or "stare decisis."Answer: precedentPage Ref: 3Objective: Explain the basic concepts of a common law legal system.Level: Basic5) The philosophical theory of law that holds that law reflects the moral and unchangeablelaws of nature is known as the ________ theory of law.Answer: naturalPage Ref: 4Objective: List and describe three major philosophical theories of law.Level: Basic6) The philosophical theory of law that holds that the validity of law is not related to moralityis known as legal ________.Answer: positivismPage Ref: 4Objective: List and describe three major philosophical theories of law.Level: Basic

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667) One of the ways that laws are ________ is whether the law is constitutional law, statutorylaw, or case law.Answer: categorized/classifiedPage Ref: 4Objective: List three important categories of law.Level: Basic8) Laws that define the rights and duties of parties and establish the legal basis for anylawsuit are known as ________ laws.Answer: substantivePage Ref: 5Objective: Explain the purpose of substantive laws.Level: Basic9) Laws that relate to the enforcement of the substantive rights and duties are known as________ laws.Answer: proceduralPage Ref: 5Objective: Explain the purpose of procedural laws.Level: Basic10) If the court finds against the defendant in a civil case, the defendant is said to be________.Answer: liablePage Ref: 8Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Basic1.4Matching QuestionsMatch the following.A) The example set by the decision of an earlier court for similar cases or similar legalquestions that arise in later cases.B) A legal system based on written laws or codes.C) A philosophical theory holding that the validity of law is not related to morality.D) The power or authority to act in a certain situation; the power of a court to hear cases andrender judgments.E) The amount of proof necessary for a conviction in a criminal case.F) The amount of proof necessary for most civil cases; more likely than not.G) A topical organization of statutes.H) Procedural rules adopted by all courts regulating practice in the court.I) A philosophical theory that laws are created by judges and therefore subject to individualbeliefs and prejudices.J) A body of law developed through the courts.1) Civil law

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67Page Ref: 3Level: Basic2) Common lawPage Ref: 3Level: Basic3) CodePage Ref: 3Level: Basic4) PrecedentPage Ref: 3Level: Basic5) Legal positivismPage Ref: 4Level: Basic6) Legal realismPage Ref: 4Level: Basic7) Rules of courtPage Ref: 6Level: Basic8) JurisdictionPage Ref: 6Level: Basic9) Preponderance of the evidencePage Ref: 8Level: Basic10) Beyond a reasonable doubtPage Ref: 8Level: BasicAnswers: 1) B 2) J 3) G 4) A 5) C 6) I 7) H 8) D 9) F 10) E1.5Essay Questions1) Identify and discuss two examples of historical origins of a civil law legal system.Answer: [key points to be made]Answers will vary, but may include:•Code of Hammurabi•Napoleonic Code

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68Page Ref: 3Objective: List some of the historical origins of law.Level: Intermediate2) Compare and contrast civil law and common law legal systems.Answer: [key points to be made]•The term civil law as used to describe a legal system refers to a system based primarily onwritten constitutions and written laws or codes. In such legal systems, a ruler or legislativebody creates an extensive set of rules or regulations to govern. The role of courts in suchsystems is limited.•Common law systems, on the other hand, are based on precedent or case law.Page Ref: 3Objective: Explain the basic concepts of a civil law legal system. Explain the basic conceptsof a common law legal system.Level: Intermediate3) Identify and discuss the three major philosophical theories of law.Answer: [key points to be made]•Legal positivism is a philosophical theory holding that the validity of law is not related tomorality.•Natural theory of law is a philosophical theory holding that law reflects the moral andunchangeable laws of nature.•Legal realism is a philosophical theory that laws are created by judges and thereforesubject to individual beliefs and prejudices.Page Ref: 4Objective: List and describe three major philosophical theories of law.Level: Intermediate4) Identify and discuss the three important ways used for categorizing laws.Answer: [key points to be made]•Whether the law is constitutional law, statutory law, or case law•Whether the law is substantive or procedural and•Whether the law is criminal or civil.Page Ref: 4Objective: List three important categories of law.Level: Intermediate5) Define "burden of proof" and then compare and contrast the burden of proof in criminaland civil cases.Answer: [key points to be made]•Burden of proof is the necessity of establishing a particular fact or the necessity of goingforward with the evidence.•Preponderance of the evidence is the amount of proof necessary for most civil cases;more likely than not.•Beyond a reasonable doubt is the amount of proof necessary for a conviction in acriminal case.Page Ref: 8Objective: Compare and contrast procedures in a criminal case with procedures in a civil

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69case.Level: Intermediate1.6Critical Thinking Questions1) Does a civil law legal system or a common law legal system provide greater fairness forthe average citizen? Why?Answer: Answers will vary.Objective: Explain the basic concepts of a civil law legal system. Explain the basic conceptsof a common law legal system.Level: Intermediate2) Why is the burden of proof different in criminal and civil cases? Should the burden ofproof be raised in civil cases or lowered in criminal cases to make them equal? Explain.Answer: Answers will vary.Objective: Compare and contrast procedures in a criminal case with procedures in a civilcase.Level: Intermediate

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