According to which school of thought is law the command of a

Question

1. According to which school of thought is law the command of a sovereign?

Positive-law school of legal thought

Natural-law school of legal thought

Legal realist school of thought

Critical legal studies school of thought

Ecofeminist school of legal thought

2. According to the legal realist school of thought, _____.

precedent was more important than moral arguments

law is politics and is thus not neutral

wives, children, land, and animals are valued as economic resources

the social context of law was more important

there is preeminence of man and his dominance of both nature and women

3. The historical school of law _____.

believed that precedent would be more important than moral arguments

stated that the social context of law was more important

stressed the need for certain laws and doctrines to be altered in order to remain current

emphasized the longstanding domination of men over both women and the rest of the world

influenced the emergence of critical legal studies

4. A code-law system _____.

is used to resolve particular cases, usually by judges and a jury

is unique to England, the United States, and former colonies of the British Empire

recognizes the use of precedents in judicial cases

is similar to the communist and socialist legal systems

is one where all the legal rules are in one comprehensive legislative enactment

5. The _____ would use the law to overturn the hierarchical structures of domination in the modern society.

historical school of law

critical legal studies school of thought

ecofeminist school of legal thought

legal realist school

natural law school of thought

6. State and local courts must honor both federal law and the laws of the other states. Which of the following is true?

State courts must honor federal law all the time.

Claims arising under federal statutes cannot be tried in the state courts.

A contract dispute resolved by an Arkansas court can be relitigated in North Dakota when the plaintiff wants to collect on the Arkansas judgment in North Dakota.

State courts do not have to consider the laws of other states in deciding cases involving issues when drivers from two different states collide in a third state.

Under the full faith and credit clause, each state court is obligated to respect the final judgments of courts in other states.

7. Which of the following about the federal court system is true?

The federal judicial system consists of four levels.

The federal district courts are the trial courts in the federal system.

The U.S. District Court for the Southern District of New York has 54 district judges.

The U.S. District Court in Manhattan has 15 magistrates.

The district judges throughout the United States can preside over criminal cases only.

8. Identify the correct statement about the Federal-State balance.

Socialism was the system devised by the nation’s founders, in which power is shared between states and the federal government.

Article III makes clear that federal courts are courts of unlimited power or jurisdiction.

The only kinds of cases federal courts are authorized to deal with have strong federal connections.

Federal courts have full jurisdiction over matters that are historically exclusively within the domain of state law.

Citizens can go to a federal building or courthouse to get a marriage license, ask for a divorce, or probate a will.

9. Which of the following principles implies that the same parties can not take up the same dispute in another court at another time?

Subject matter jurisdiction

Ultra vires

Directed verdict

Judgment n.o.v.

Res judicata

10. Which of the following is true about alternative methods of resolving disputes?

Adjudication gives the neutral party no power to impose a decision.

Mediation is a type of adjudication.

In case of mediation, the parties to the case cannot ignore the recommendations of the mediator entirely.

Saying that arbitration is favored means that if you have agreed to arbitration, you cannot go to court if the other party wants you to arbitrate.

Litigation is preferred over arbitration, because arbitration has a backlog of cases.

11. Based on the supremacy clause, the _____ holds that state and federal laws that conflict must yield to the superior law, which is federal law.

separation of powers

takings clause

doctrine of preemption

substantive due process

dormant commerce clause

12. Article I of the Constitution deals with _____.

the executive branch

judicial powers

administrative agencies

legislative powers

federalism

13. The _____ clause of the Fifth Amendment ensures that the government does not take private property without just compensation.

due process

equal protection

Self-Incrimination

Supremacy

takings

14. When Congress uses its power under the commerce clause, it can expressly state that it wishes to have _____.

judicial review

a dormant commerce clause

exclusive regulatory authority

interstate commerce

absolute police power

15. The power of small states is magnified by the Senate’s _____, which currently requires 60 out of 100 senators to vote to bring a bill to the floor for an up-or-down vote.

Rule 100

quorum call

cloture rule

main motion

Rule 40

16. Which of the following is an ideal condition for a free market?

There are no parties, institutions, or governmental units regulating the quantity of the goods being bought or sold in the market

There are many buyers and many sellers, and all of them have a substantial share of the market

All the buyers and sellers in the market are free to leave the market but there are entry barriers.

All buyers have full knowledge of what other buyers and sellers are up to including quantity of goods sold, but not the prices and quality of goods being sold.

The participants in the market have strong preferences as to which seller or buyer they would deal with

17. The _____ establishes an agency’s authority in a particular area of the economy.

Federal Register

enabling act

delegation doctrine

Code of Federal Regulations

administrative agencies

18. The _____ governs all agency procedures in both hearings and rulemaking.

Code of Federal Regulations

delegation doctrine

enabling act

Federal Register

Administrative Procedure Act

19. According to the Freedom of Information Act, _____.

any person has a legally enforceable right to access to geological information concerning wells

a federal agency is required to respond to a document request within 10 days

requesters are not required to pay the cost of locating and copying the records

all the documents are available for public inspection

there are a total of five exceptions to the Act

20. An individual or a company may challenge agency action where such action is _____:

in accordance with the agency’s scope of authority

in accordance with the U.S. Constitution or the Administrative Procedure Act

unwarranted by the facts

in accordance with the substantial evidence test

nonarbitrary, rational, or otherwise in accord with the law

21. What are the multilateral treaties sponsored by an international agency known as?

Embezzlements

Attachment liens

Exonerations

Abatements

Conventions

22. In a contract, national or international, the parties may specify the court where any disputes between the parties will be settled. This specification is known as the _____.

runaway shop clause

forum-selection clause

abatement clause

hot cargo clause

ultra vires clause

23. The _____ doctrine comes into play when courts in two different nation states both have subject matter and personal jurisdiction over the matter.

res judicata suite

family purpose

forum non conveniens

stare decisis

droit de suite

24. The _____ is a tax imposed on goods when they enter a country.

income tax

escrow

escheat           

tariff

socage

25. The Supreme Court has enunciated a doctrine governing claims to recover for acts of expropriation. The doctrine is known as the doctrine of _____.

ultra vires

objective territoriality

stare decisis

act-of-state

res judicata

 

 

 

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