In the common law system of the United States, a crime is defined as:
(A) a private wrong that necessitates litigation between the victim and the perpetrator.
(B) any act or omission prohibited by the government and made punishable in a judicial
proceeding brought by the government.
(C) litigation where the injured party sues to recover compensation for the damages and injury
sustained as a result of the defendant's wrongful conduct.
(D) interstate compacts and the rules and regulations of federal and state agencies. -
answer✔✔(B) any act or omission prohibited by the government and made punishable in a
judicial proceeding brought by the government.
What is the supreme law of the land in the United States?
(A) Federal statutes
(B) The UCC
(C) The common law
(D) The U.S. Constitution - answer✔✔(D) The U.S. Constitution
Statutory law is:
(A) not well suited for making drastic or comprehensive changes, thus its importance as a source
of law has diminished since the end of the nineteenth century.
(B) the primary source of law for such business law topics as contracts, agency, property, and
trusts.
(C) a primary source of new law and ordered social change in the United States.
(D) created by legislatures, which are less likely to repeal prior enactments than courts are likely
to overrule prior decisions - answer✔✔(C) a primary source of new law and ordered social
change in the United States.
The courts are likely to provide remedies in all but which of the following cases?
(A) A person refuses to return your friend's book.
(B) A passerby refuses to help rescue a drowning woman.
(C) A person pushes a man into the lake.
(D) A person does not drive carefully on a busy street. - answer✔✔(B) A passerby refuses to
help rescue a drowning woman
Which one of the following is NOT true of a suit brought under criminal law?
(A) It must be brought by the government.
(B) It is brought on the ground of public policy.
(C) Proof of guilt must be "by a preponderance of the evidence."
(D) Conviction may result in imprisonment. - answer✔✔C) Proof of guilt must be "by a
preponderance of the evidence."
Sources of federal law include all but which of the following?
(A) Rules of administrative agencies
(B) Decisions of federal courts
(C) Executive orders of the President of the United States
(D) Hearings before the Senate - answer✔✔(D) Hearings before the Senate
American jurists ____ and ____ defined law in a functional sense as predictions of the way that a
court will decide specific legal questions.
(A) Roscoe Pound and Alexander Hamilton
(B) Blackstone and Austin
(C) Roscoe Pound and Benjamin Cardozo
(D) Oliver Wendell Holmes and Benjamin Cardozo - answer✔✔(D) Oliver Wendell Holmes and
Benjamin Cardozo
The separation of powers involves:
(A) the federal judiciary, the federal Congress and the federal executive branch
(B) the federal House of Representatives and the federal Senate
(C) the executive branches at the federal, state, and local levels
(D) the court systems at the federal, state and local levels - answer✔✔(A) the federal judiciary,
the federal Congress and the federal executive branch
The law is a combination of:
(A) prohibitory, mandatory and permissive.
(B) mandatory, mundane and mediocre.
(C) permissive, passive and meditative.
(D) prohibitory, malevolent, and mandatory. - answer✔✔(A) prohibitory, mandatory and
permissive.
A(n) ____ is the fundamental law of a particular level of government.
(A) Restatement of law
(B) executive order
(C) constitution
(D) code - answer✔✔(C) constitution
44. A ____ is any act or omission prohibited by public law in the interest of protection of the
public
and made punishable by the government in a judicial proceeding brought by it, whereby proof
must
be beyond a reasonable doubt.
(A) rescission
(B) sanction
(C) crime
(D) maxim - answer✔✔(C) crime
The courts in law systems such as the one in the United States have developed a body of law that
serves as precedent for determination of later controversies. This is sometimes called:
(A) previous law.
(B) common law.
(C) equity law.
In a court of equity, a chancellor could issue an order called a ____, compelling a defendant to
do or refrain from doing a certain act.
(A) judgment
(B) decree
(C) stare decisis
(D) rescission - answer✔✔(B) decree
The branch of public law that deals with the various regulatory functions and activities of the
government is:
(A) criminal law.
(B) administrative law.
(C) constitutional law.
(D) substantive law - answer✔✔(B) administrative law.
A constitution does not:
(A) restrict the powers of government.
(B) specifically enumerate certain liberties of the people.
(C) establish governmental structure.
(D) clearly define all the powers of the state governments. - answer✔✔(D) clearly define all the
powers of the state governments.
The person who files or commences a civil lawsuit is known as the:
(A) plaintiff.
(B) prosecuting attorney.
(C) defendant.
(D) attorney general. - answer✔✔(A) plaintiff.
Because of the increasing complexity of the social, economic, and industrial life of the nation,
the scope of ____ law has expanded enormously in the past century.
(A) common
(B) administrative
(C) procedural
(D) equity - answer✔✔(B) administrative
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