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Feb 20, 2024

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Brianna Subero Intro to Law Professor Alvarez September 28, 2021 True-False Any element of falsity renders the statement false. 1. One definition of law is static, a “snapshot,” emphasizing law’s nature as a set of written rules. A better definition of law is dynamic, emphasizing its changing and evolving nature in responding to new issues and problems. TRUE 2. Case law is also often referred to as court law. TRUE 3. The new science of biotechnology promises to bring new cures of old diseases without creating serious legal issues and problems. FALSE 4. It is generally understood that the phrase common law has one clear meaning. FALSE 5. The term judicial activist is used to describe legislators and executives who seek to increase the workload of the courts. FALSE 6. For hundreds of years, the common law of England had evolved into a framework of principles found in both customs and statutes that were brought to the New World by early colonial settlers. TRUE 7. Stare decisis is a common-law principle that is fundamental to the U.S. modern system of justice. TRUE 8. The part of a court opinion that determines the resolution of the dispute is called the dicta FALSE 9. Apostasy, the renunciation of one’s religion, is illegal in some countries in which religious law is the law of the country. TRUE 10.Federal common law is limited to disputes involving obligations of the United States, interstate and international disputes, and admiralty cases. TRUE 11.Utilitarianism is a philosophical theory, first developed by Jeremy Bentham. TRUE 12.Syllogisms help to identify incorrect premises and flawed thinking. TRUE 13.It is often impossible to tell the plaintiff and the defendant by the title of a reported appellate court. You must read the facts of each case carefully to identify each party. TRUE 14.A major strength of utilitarian ethics is its flexible application. TRUE 15.Under a duty model of ethics, an action is morally correct or right when, among people it affects, it produces the greatest amount of good for the greatest number. FALSE 16.A code is a compilation of statutes grouped by topic. TRUE 17.The doctrine of supremacy is a court doctrine requiring that trial court decisions comply with appellate court decisions. FALSE
18.A doctrine of American law holds that courts may only decide cases to which an actual conflict exists rather than offer advisory opinions. TRUE 19.Common law and statutory law are both laws created by the executive branch of government. FALSE 20.Procedural law is that law that establishes rights and prohibits wrongs. FALSE Fill-Ins Complete each sentence or statement. 1. The Food and Drug Administration (FDA) has recently proposed new laws concerning inspection of meat before its sale for human consumption. A new meat inspection requirement would be an example of administrative law. 2. Forcible rape is an example of both civil and criminal law. Thus, the victim can begin legal proceedings against the wrongdoer in two separate courts. 3. Some fundamentals of our present constitutional law dates to the year 1215 when King John of England accepted the Magna Carta , which established, among other important matters, trial by jury in criminal cases. 4. The concept that subsequent courts will adhere to the principles of law espoused in decisions of prior courts is called precedent . 5. The body of legal rules of today that were derived from fundamental usages and customs of antiquity, particularly as they appeared in medieval England, and from modern judgments of appellate courts that recognize and apply those customs in specific cases, is called the common law . 6. The common law is sometimes referred to as the case law 7. That state laws must yield to conflicting federal laws is called the doctrine of supremacy . 8. That lawyers may not question prospective jurors about their sexual preference is an example of the procedural law. Multiple Choice Select the one best answer. 1. Common law refers to a. statutory law. b. criminal law. c. court-made law. d. ordinary law. 2. Fact finding processes are not static and they have evolved over the years. A process sometimes used in 11th century in England was a. truthing.
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