Академический Документы
Профессиональный Документы
Культура Документы
Chapter 1:
Introduction to the Law and Our Legal System
1.
Answers:
a. Incorrect. Russian law has had relatively little influence on the
American legal system.
b. Incorrect. Italian law has had relatively little influence on the American
legal system.
c. Correct. American law is largely based on English law, a reflection of
our history as a former English colony.
d. Incorrect. Mexican law has had relatively little influence on the
American legal system.
2.
Answers:
a. Correct. The common law, or judge-made law, is a set of general legal
principles that evolved over time through court decisions.
b. Incorrect. The common law deals with issues other than the ownership
of the oceans.
c. Incorrect. The common law developed from the decisions of judges,
not from the opinions of law professors.
d. Incorrect. Rules issued by an administrative agency would be
considered statutory (regulatory) law, not part of the common law.
3.
Answers:
a. Incorrect. Following precedent allows for more, not less, efficiency.
b. Incorrect. Because judges are following the decisions of other judges,
it is easier to predict how they will rule in a case with facts and issues
similar to those in a previously decided case.
c. Correct. Following precedent creates greater stability because parties
can reasonably expect that similar actions will have similar legal
consequences.
d. Incorrect. Because judges are bound by precedent, their decisions will
be more, not less, reliable.
5.
Answers:
a. Incorrect. A judge may not refuse to decide a case.
b. Incorrect. A judge may not postpone indefinitely his or her decision in
a case.
c. Correct. In a new situation a judge may rely on public policy or
relevant social customs to reach a decision.
Answers:
a. Correct. The common law and case law are both terms for judgemade law.
b. Incorrect. Case law is judge-made law, not statutory or regulatory law.
c. Incorrect. International law largely consists of international
agreements, treaties, and customs, although it has some common law
elements.
d. Incorrect. The law of Indian Affairs may include case law, but it is not
the same thing as case law.
7.
Answers:
a. Incorrect. Ordinances are statutory, not administrative law.
b. Incorrect. Stare decisis is a legal doctrine, not a type of law.
c. Correct. Ordinances are statutes and thus are classified as statutory
law.
d. Incorrect. Ordinances vary tremendously and are not uniform.
8.
Answers:
Answers:
a. Correct. Civil law governs relations between persons and between
citizens and the government.
b. Incorrect. There is no common law of taxes.
c. Incorrect. Much civil law is state law.
d. Incorrect. The law governing relations between and among nations is
international law.
10.
Answers:
a. Incorrect. International law is a great deal older than either California
or New York and thus is not a combination of the laws of these states.
b. Correct. International law is a combination of these different kinds of
law and is applied to relations between and among nations.
c. Incorrect. International Law covers much more than the remedies
available from a court.
d. Incorrect. Generally, international law deals with relations among
nations, not with the relations of a nation and its citizens.