Reference no: EM131997416
1. Which of the following statements concerning the law and morality is most accurate?
A) Moral rules and legal rules sometimes overlap.
B) Moral rules and legal rules never overlap.
C) Moral rules and legal rules always overlap.
D) Moral rules and legal rules are always in conflict.
E) None of the above. Laws cannot be evaluated from a moral perspective.
2.Which of the following statements is true about the regulation of the professional conduct of lawyers?
A) The state supreme court usually oversees the practice of law within its jurisdiction.
B) Lawyers must adhere to professional standards of conduct, and administrative boards investigate complaints relating to allegations of unprofessional conduct.
C) Codes of conduct for lawyers address such issues as confidentiality, loyalty, honesty, candor, fairness, and the avoidance of conflicts of interest.
D) All of the above
E) None of the above
3. A state statute establishes a one-year statute of limitations with a 90-day notice requirement for persons who wish to sue ski area operators for injuries resulting from their negligence. Failure to give timely notice of the intent to sue, or to file within a year, effectively bars the lawsuit. The legislative policy behind this rather short window is to protect the ski industry. The legislature placed a higher value on the economic vitality of the ski industry, and its overall benefit to the citizens of the state with respect to tourism, than the rights of injured skiers in some cases and their ability to seek compensation for their injuries. Which of the following is associated with the notion that the law can be justified if it results in a "good" outcome for most of the people based on a cost-benefit type of analysis?
A) Normative ethics
B) Utilitarianism
C) Deontology
D) Aesthetics
E) Analytical positivism
4. Federal law makes it illegal for persons with material inside (nonpublic) knowledge to trade based upon that information. In evaluating the prohibition, which of the following would focus on whether it was morally wrong to trade from such an advantageous position?
A) Teleological philosopher B) Utilitarian philosopher C) Deontologist D) Egoist E) All of the above
5. What term refers to the federal government's right to enact laws to protect the public?
A) Misprison B) Police power C) Privileges and Immunities Clause D) None of the above E) All of the above
6.Which of the following statements concerning natural law and analytical positivism is true?
A) Natural law adherents do not evaluate the intrinsic morality of the law as being either good or bad.
B) Positivists view the law as establishing the absolute norm, or "ceiling" for defining illegal behavior, and do not recognize any additional restrictions based upon the auspices of some moral obligation.
C) There is no basic difference regarding what is the true nature of law between natural law adherents and analytical positivists.
D) All of the above
E) None of the above
7. The U.S. Supreme Court ruled in Lawrence v. Texas that Lawrence and his partner had a constitutionally protected "liberty" right to engage in the conduct that had been prohibited by the State of Texas. This right is found in which of the following constitutional provisions?
A) Full Faith and Credit Clause B) Privileges and Immunities Clause C) Equal Protection Clause D) Due Process Clause E) Freedom of Speech Clause
8.A state supreme court's interpretation of the meaning of the state's constitution is binding on the U.S. Supreme Court.
A) True B) False
9. A judicial precedent set by the Alabama Supreme Court must be recognized by the Georgia Supreme Court as controlling pursuant to the doctrine of stare decisis.
A) True B) False
10. When a judge discusses a point of law in a judicial opinion that is not necessary to reaching a decision in the case before the court, the unnecessary discussion is called dictum. A) True B)false
11.Ex Post Facto laws are legislative acts that impose punishments on persons who have not had the benefit of a court trial.
A) True B) False
12. The Supremacy Clause restricts federal powers and does not apply to the legislative function.
A) True B) False
13. When the facts of a case are substantially the same as in previously adjudicated cases, the principle of stare decisis normally applies.
A) True B) False
14.The majority of Justices in Gonzales v. Raich concluded that Congress had the right, pursuant to the Commerce Clause, to ban the manufacture, possession, and use of marijuana intended for medicinal purposes.
A) True B) False
15.A principle of law that has become settled by judicial decision is binding in the courts and should be followed in a similar case. This is referred to as the Monroe Doctrine.
A) True B) False