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The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether. This kind of case involves


A) procedural law.
B) private law.
C) civil law.
D) criminal law.

E) A) and B)
F) A) and C)

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Misha, Gretchen, and Sam were stranded on a mountainside after their plane went down in a snow storm. They had no means of radio communication and virtually no food or other supplies. After 18 days, Misha and Gretchen killed Sam, the weakest survivor. Misha and Gretchen ate Sam. This allowed them to survive until they were rescued. After they were rescued, they were charged with premeditated first degree murder under the relevant state statute. Discuss the three schools of jurisprudence and how each would influence a finding of guilt or innocence for the two charged.

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The three theories of jurisprudence are ...

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The President of the United States


A) creates federal common law.
B) can veto Congressional legislation.
C) determines the constitutionality of statutes.
D) passes statutes.

E) A) and B)
F) A) and C)

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Which type of law regulates the rights and duties between parties?


A) criminal law
B) administrative law
C) civil law
D) judicial law

E) A) and B)
F) None of the above

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Describe the doctrine of precedent and its application to common law.

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The doctrine of precedent, which develop...

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If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a 51% majority.

A) True
B) False

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The United States Supreme Court has the power to


A) appoint judges to serve on the Supreme Court.
B) void laws passed by Congress.
C) issue executive orders.
D) ratify treaties.

E) A) and C)
F) None of the above

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Congress passed a law imposing penalties for displaying "indecent" material online where children could see it. If the U.S. Supreme Court subsequently rules that the statute conflicts with the First Amendment of the U.S. Constitution, the statute is void.

A) True
B) False

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If the title of an appellate court case appears as Jones v. Smith,


A) then it is correct to say that Jones is the plaintiff and Smith is the defendant.
B) it means that Smith won the trial court decision.
C) you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties.
D) the trial judge was Jones and the appellate judge is Smith.

E) B) and C)
F) A) and D)

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C

Hasbro, Inc., the trademark owner of "Candy Land," sought a court injunction to stop Internet Entertainment Group, LTD from using the domain name, "candyland.com." Internet Entertainment Group had established a sexually explicit site at the domain name. This injunction would have to be issued by


A) a jury.
B) a judge.
C) an executive order.
D) a lawyer.

E) All of the above
F) A) and D)

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A rule that establishes maximum length of work shifts for air traffic controllers demonstrates an agency imposing a regulation.

A) True
B) False

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The three branches of government in the United States are


A) the executive, legislative, and administrative.
B) the administrative, executive, and statutory.
C) the executive, legislative, and judicial.
D) the administrative, legislative, and international.

E) C) and D)
F) B) and D)

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Treaties with foreign nations can be made by only ________ and ratified by ________.


A) the Secretary of State; the President
B) the President; the Senate by a two-thirds vote
C) the Department of Defense; the Senate by a plurality
D) the President; the House of Representatives by a three-fourths vote

E) B) and C)
F) A) and D)

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In the United States, the powers of government are divided between a national, state, and several local governments. What is this type of system called?


A) federalism
B) democracy
C) confederation
D) oligarchy

E) C) and D)
F) A) and D)

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A

Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process?


A) Legal positivism
B) Natural law
C) Legal realism
D) Sovereign selection

E) A) and C)
F) None of the above

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Congress enacted legislation in 1933 to regulate the securities industry and prohibit various forms of fraud with securities. The Securities Exchange Act of 1934 was passed a year later. This law created the Securities and Exchange Commission (SEC) as an independent regulatory entity whose function is to administer the two laws. The SEC has generated rules and regulations to administer these acts. These rules and regulations are


A) statutes.
B) administrative law.
C) executive orders.
D) common law.

E) A) and B)
F) A) and C)

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In order to determine if the case she was hearing broke the law, Judge Jane referred to prior rulings on the same subject. In other words, the judge is relying on precedent to make her decision.

A) True
B) False

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Common law is a body of cases decided by legislatures.

A) True
B) False

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Identify and discuss the primary sources of contemporary U.S. law.

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The primary sources of U.S. law include:...

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Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note. The trial ended before it began, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means


A) Curtis automatically wins because he won in the lower court.
B) Ulhoff automatically wins because he lost in the lower court.
C) Neither party wins because the case is being thrown out.
D) We don't know who wins yet because the case is being returned to the trial court for additional steps.

E) A) and D)
F) A) and B)

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D

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