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Test Bank for Introduction To Law , 6th Edition

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    Test Bank for Introduction to Law Sixth Edition Joanne Banker Hames DeAnza Community College Yvonne Ekern Santa Clara University, School of Law

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    iv CONTENTS TestBank Word Exports Chapter 1: Introduction to Law 57 Chapter 2: The U.S. Legal System 70 Chapter 3: The Courts and Legal Personnel 85 Chapter 4: Finding the Law: Legal Research 99 Chapter 5: Using the Law: Legal Analysis and Writing 113 Chapter 6: Constitutional Law 128 Chapter 7: Tort Law 144 Chapter 8: Family Law 158 Chapter 9: Estate Planning: Wills, Trusts, and Probate 172 Chapter 10: Contract and Property Law 187 Chapter 11: The Business Environment 202 Chapter 12: Civil Procedure Before Trial 216 Chapter 13: Alternative Dispute Resolution 231 Chapter 14: Criminal Practice: Criminal Law and Juvenile Law 246 Chapter 15: Criminal Procedure before Trial 260 Chapter 16: Rules of Evidence 275 Chapter 17: The Trial 289 Chapter 18: Alternative Dispute Resolution 304

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    57 TESTBANK Introduction to Law, 6e (Hames/Ekern) Chapter 1 Introduction to Law 1.1 Multiple-Choice Questions 1) Which of the following refers to a set of rules and procedures usually intended to regulate some aspect of society? A) Code B) Law C) Precedent D) Rule Answer: B Page Ref: 2 Objective: Define the term law. Level: Basic 2) Which of the following refers to a legal system based primarily on written constitutions and written laws or codes? A) Civil law B) Common law C) Precedent law D) Stare decisis Answer: A Page Ref: 3 Objective: Explain the basic concepts of a civil law legal system. Level: Basic 3) Which of the following refers to a body of law developed through the courts? A) Code B) Civil law C) Common law D) Precedent Answer: A Page Ref: 3 Objective: Explain the basic concepts of a common law legal system. Level: Basic 4) Which of the following refers to an example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases? A) Code B) Precedent C) Standard D) None of the above Answer: B Page Ref: 3 Objective: List some of the historical origins of law. Level: Basic

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    58 5) Which of the following refers to the study of the philosophy of law? A) Jurisprudence B) Legal positivism C) Legal realism D) Legal negativism Answer: A Page Ref: 4 Objective: List and describe three major philosophical theories of law. Level: Basic 6) Which of the following refers to a philosophical theory holding that law reflects the moral and unchangeable laws of nature? A) Jurisprudence B) Natural theory of law C) Legal positivism D) Legal Realism Answer: A Page Ref: 4 Objective: List and describe three major philosophical theories of law. Level: Basic 7) Which of the following refers to a philosophical theory holding that the validity of law is not related to morality? A) Jurisprudence B) Natural theory of law C) Legal positivism D) Legal Realism Answer: C Page Ref: 4 Objective: List and describe three major philosophical theories of law. Level: Basic 8) Which of the following refers to a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices? A) Jurisprudence B) Natural theory of law C) Legal positivism D) Legal Realism Answer: D Page Ref: 4 Objective: List and describe three major philosophical theories of law. Level: Basic

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    59 9) Which of the following refers to a method for categorizing or classifying laws? A) Whether the law is constitutional law, statutory law or case law B) Whether the law is substantive or procedural C) Whether the law is criminal or civil D) All of the above Answer: D Page Ref: 4 Objective: List three important categories of law. Level: Basic 10) Which of the following refers to a non-contractual civil wrong? A) Tort B) Offense C) Fault D) Regulation Answer: A Page Ref: 4 Objective: List three important categories of law. Level: Basic 11) Which of the following define the rights and duties of parties and establish the legal bases for any lawsuit? A) Procedural laws B) Basic laws C) Fundamental laws D) Substantive laws Answer: D Page Ref: 5 Objective: Explain the purpose of substantive laws. Level: Basic 12) Which of the following relate to the enforcement of the substantive rights and duties? A) Procedural laws B) Basic laws C) Fundamental laws D) Substantive laws Answer: A Page Ref: 5 Objective: Explain the purpose of procedural laws. Level: Basic

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    60 13) Which of the following refers to the procedural rules adopted by all courts regulating practice in the court? A) Due process of court B) Jurisdiction C) Rules of court D) None of the above Answer: C Page Ref: 6 Objective: Compare and contrast procedures in a criminal case with procedures in a civil case. Level: Basic 14) Which of the following refers to the power of authority to act in a certain situation; the power of a court to hear cases and render judgements? A) Due process of law B) Jurisdiction C) Rules of court D) All of the above Answer: B Page Ref: 6 Objective: Explain the purpose of procedural laws. Level: Basic 15) Which of the following refers to an act in violation of a criminal statute? A) Indigent B) Crime C) Act D) All of the above Answer: B Page Ref: 8 Objective: Provide examples of substantive criminal laws and substantive civil laws. Level: Basic 16) Which of the following refers to the amount of proof necessary for most civil cases? A) Preponderance of the evidence B) Beyond a reasonable doubt C) Burden of proof D) Probable cause Answer: A Page Ref: 8 Objective: Provide examples of substantive criminal laws and substantive civil laws. Level: Basic

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    61 17) Which of the following refers to the amount of proof necessary for conviction in a criminal case? A) Preponderance of the evidence B) Beyond a reasonable doubt C) Burden of proof D) Probable cause Answer: A Page Ref: 8 Objective: Provide examples of substantive criminal laws and substantive civil laws. Level: Basic 18) Which of the following refers to a finding of responsibility in a civil case? A) Accountable B) Responsible C) Guilty D) Liable Answer: D Page Ref: 8 Objective: Compare and contrast procedures in a criminal case with procedures in a civil case. Level: Basic 19) Which of the following refers to a finding of not guilty in a criminal case? A) Nolo contender B) Innocent C) Hung jury D) Acquittal Answer: D Page Ref: 8 Objective: Compare and contrast procedures in a criminal case with procedures in a civil case. Level: Basic 20) Which of the following refers to a summary of a Supreme Court case written by the reporter of decisions? A) Writ B) Case law C) Brief D) Syllabus Answer: D Page Ref: 10 Objective: Compare and contrast procedures in a criminal case with procedures in a civil case. Level: Basic

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    62 1.2 True/False Questions 1) A set of rules and procedures usually intended to regulate some aspect of society is known as law. Answer: TRUE Page Ref: 2 Objective: Define the term law. Level: Basic 2) The origins and development of laws and legal systems are rarely based on the actions of government and religion. Answer: FALSE Page Ref: 3 Objective: List some of the historical origins of law. Level: Basic 3) The term "common law," as used to describe a legal system, refers to a system based primarily on written constitutions and written laws or codes. Answer: FALSE Page Ref: 3 Objective: Explain the basic concepts of a civil law legal system. Level: Basic 4) Civil law is a body of laws developed through the courts. Answer: FALSE Page Ref: 3 Objective: Explain the basic concepts of a common law legal system. Level: Basic 5) Common law systems are those based on the concept of precedent or stare decisis. Answer: TRUE Page Ref: 3 Objective: List some of the historical origins of law. Level: Basic 6) Natural theory of law is a philosophical theory holding that law reflects the moral and unchangeable laws of nature. Answer: TRUE Page Ref: 4 Objective: List and describe three major philosophical theories of law. Level: Basic

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    63 7) Legal positivism is a philosophical theory holding that the validity of law is not related to morality. Answer: TRUE Page Ref: 4 Objective: List and describe three major philosophical theories of law. Level: Basic 8) Legal realism is a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices. Answer: TRUE Page Ref: 4 Objective: List and describe three major philosophical theories of law. Level: Basic 9) Laws are categorized in one way: whether the law is constitutional law, statutory law, or case law. Answer: FALSE Page Ref: 4 Objective: List three important categories of law. Level: Basic 10) Procedural laws define the rights and duties of parties and establish the legal basis for any lawsuit. Answer: FALSE Page Ref: 5 Objective: Explain the purpose of substantive laws. Level: Basic 11) Substantive laws relate to the enforcement of the substantive rights and duties. Answer: FALSE Page Ref: 5 Objective: Explain the purpose of procedural laws. Level: Basic 12) Crimes define behavior that society has declared illegal and has decided to punish. Answer: TRUE Page Ref: 5 Objective: Provide examples of substantive criminal laws and substantive civil laws. Level: Basic 13) Rules of court are laws that are adopted by various courts with power given to the courts by the legislature. Answer: TRUE Page Ref: 6 Objective: Provide examples of substantive criminal laws and substantive civil laws. Level: Basic 14) Defendants have a right to due process of law.

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    64 Answer: TRUE Page Ref: 6 Objective: Provide examples of substantive criminal laws and substantive civil laws. Level: Basic 15) Jurisdiction is defined as the power or authority to act in a certain situation; the power of a court to hear cases and render judgments. Answer: TRUE Page Ref: 6 Objective: Provide examples of substantive criminal laws and substantive civil laws. Level: Basic 16) Beyond a reasonable doubt is defined as the amount of proof necessary for most civil cases; more likely than not. Answer: FALSE Page Ref: 8 Objective: Compare and contrast procedures in a criminal case with procedures in a civil case. Level: Basic 17) Preponderance of the evidence is defined as the amount of proof necessary for a conviction in a criminal case. Answer: FALSE Page Ref: 8 Objective: Compare and contrast procedures in a criminal case with procedures in a civil case. Level: Basic 18) An acquittal is a finding of not guilty in a criminal case. Answer: TRUE Page Ref: 8 Objective: Compare and contrast procedures in a criminal case with procedures in a civil case. Level: Basic 19) A hung jury is a jury that cannot attain the necessary consensus or majority to reach a verdict. Answer: TRUE Page Ref: 8 Objective: Compare and contrast procedures in a criminal case with procedures in a civil case. Level: Basic 20) In a criminal case, the defendant is always the representative of the government. Answer: FALSE Page Ref: 8 Objective: Compare and contrast procedures in a criminal case with procedures in a civil case. Level: Basic

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    65 1.3 Fill in the Blank Questions 1) ________ refers to rules created and enforced by federal, state, and local governments. Answer: Law Page Ref: 2 Objective: Define the term law. Level: Basic 2) Historically, the two major types of legal systems that developed were civil law systems and ________ systems. Answer: common law Page Ref: 3 Objective: List some of the historical origins of law. Level: Basic 3) The legal system based primarily on written constitutions and written laws or codes is known as a(n) ________ system. Answer: civil law Page Ref: 3 Objective: Explain the basic concepts of a civil law legal system. Level: Basic 4) Common law systems are based on the concept of ________ or "stare decisis." Answer: precedent Page Ref: 3 Objective: Explain the basic concepts of a common law legal system. Level: Basic 5) The philosophical theory of law that holds that law reflects the moral and unchangeable laws of nature is known as the ________ theory of law. Answer: natural Page Ref: 4 Objective: List and describe three major philosophical theories of law. Level: Basic 6) The philosophical theory of law that holds that the validity of law is not related to morality is known as legal ________. Answer: positivism Page Ref: 4 Objective: List and describe three major philosophical theories of law. Level: Basic

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    66 7) One of the ways that laws are ________ is whether the law is constitutional law, statutory law, or case law. Answer: categorized/classified Page Ref: 4 Objective: List three important categories of law. Level: Basic 8) Laws that define the rights and duties of parties and establish the legal basis for any lawsuit are known as ________ laws. Answer: substantive Page Ref: 5 Objective: Explain the purpose of substantive laws. Level: Basic 9) Laws that relate to the enforcement of the substantive rights and duties are known as ________ laws. Answer: procedural Page Ref: 5 Objective: Explain the purpose of procedural laws. Level: Basic 10) If the court finds against the defendant in a civil case, the defendant is said to be ________. Answer: liable Page Ref: 8 Objective: Compare and contrast procedures in a criminal case with procedures in a civil case. Level: Basic 1.4 Matching Questions Match the following. A) The example set by the decision of an earlier court for similar cases or similar legal questions 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 and render 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 individual beliefs and prejudices. J) A body of law developed through the courts. 1) Civil law

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    67 Page Ref: 3 Level: Basic 2) Common law Page Ref: 3 Level: Basic 3) Code Page Ref: 3 Level: Basic 4) Precedent Page Ref: 3 Level: Basic 5) Legal positivism Page Ref: 4 Level: Basic 6) Legal realism Page Ref: 4 Level: Basic 7) Rules of court Page Ref: 6 Level: Basic 8) Jurisdiction Page Ref: 6 Level: Basic 9) Preponderance of the evidence Page Ref: 8 Level: Basic 10) Beyond a reasonable doubt Page Ref: 8 Level: Basic Answers: 1) B 2) J 3) G 4) A 5) C 6) I 7) H 8) D 9) F 10) E 1.5 Essay Questions 1) 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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    68 Page Ref: 3 Objective: List some of the historical origins of law. Level: Intermediate 2) 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 on written constitutions and written laws or codes. In such legal systems, a ruler or legislative body creates an extensive set of rules or regulations to govern. The role of courts in such systems is limited. • Common law systems, on the other hand, are based on precedent or case law. Page Ref: 3 Objective: Explain the basic concepts of a civil law legal system. Explain the basic concepts of a common law legal system. Level: Intermediate 3) 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 to morality. • Natural theory of law is a philosophical theory holding that law reflects the moral and unchangeable laws of nature. • Legal realism is a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices. Page Ref: 4 Objective: List and describe three major philosophical theories of law. Level: Intermediate 4) 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: 4 Objective: List three important categories of law. Level: Intermediate 5) Define "burden of proof" and then compare and contrast the burden of proof in criminal and civil cases. Answer: [key points to be made] • Burden of proof is the necessity of establishing a particular fact or the necessity of going forward 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 a criminal case. Page Ref: 8 Objective: Compare and contrast procedures in a criminal case with procedures in a civil

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    69 case. Level: Intermediate 1.6 Critical Thinking Questions 1) Does a civil law legal system or a common law legal system provide greater fairness for the average citizen? Why? Answer: Answers will vary. Objective: Explain the basic concepts of a civil law legal system. Explain the basic concepts of a common law legal system. Level: Intermediate 2) Why is the burden of proof different in criminal and civil cases? Should the burden of proof 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 civil case. Level: Intermediate

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