Sociological jurisprudence maintains

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Reference no: EM133262992

Questions

1. Which of the following statements is true of criminal law?

It is concerned with private duties owed by one person to another.

It is completely procedural.

It defines breaches of duty to society at large.

It refers to the duty of corporations to exercise reasonable care with regard to other corporations.

2. Common law arises when:

courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule.

constitutional statutes are found to interfere with the freedom of expression.

there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law.

the government wishes to encourage certain kinds of investments.

3. Stare decisis:

renders law rigid and unchanging.

lends predictability to decisional law by relying on prior decisions.

means a new statute applies only to actions taken after it becomes effective.

creates harsh results by refusing to recognize equitable exceptions.

4. Sociological jurisprudence maintains that:

legal decisions should be based on short-term social goals.

courts must look beyond the plain meaning of a statute to consider the law's legislative purpose.

courts should not consider their perceptions of the prevailing public policies in interpreting statutes.

the law is the command of legitimate political institutions.

5. Which of the following is true of the attorney-client privilege?

The privilege does not apply until the attorney is actually retained by a client.

An attorney is allowed to divulge confidential information communicated by a client in the course of seeking legal advice.

A client must feel free to speak fully and honestly with his attorney if the judicial system is to function effectively.

The privilege covers statements made in the presence of people other than the attorney or the attorney's subordinates.

6. An individual appointed within an organization to settle disputes is called a(n) _____.

private judge

arbitrator

mediator

ombudsperson

7. Jurisdiction is defined as:

the authority of a court to hear and determine disputes.

the unlimited authority of the court.

the process by which legal cases are decided.

the power an individual appointed within an organization possesses to settle disputes.

8. Adia filed a case against Chang in the court at Ohio. However, Chang had never visited Ohio and had no personal ties with anyone in Ohio. Chang could successfully argue that the court:

lacked personal jurisdiction.

was in proximity to the place where Chang resides.

was limited by subject matter jurisdiction.

did not have judges that would understand the language spoken by him.

9. Trial courts differ from inferior courts in that the trial courts:

are courts of limited jurisdiction.

are limited by the amount of civil damages that can be awarded.

are courts of record, and their decisions can be appealed.

are called municipal courts in urban areas.

10. Generally, the role of appellate courts is to:

hear witnesses once again.

establish new facts for all cases.

accept the findings of the trial court with minor changes even if it goes against all the evidence.

review the proceedings in the trial court and correct legal errors made by the trial judge.

11. A certain court receives an appeal by parties dissatisfied with the decision of a trial court. However, neither does it hear any witnesses nor does it review new facts about the case. The court discussed in the example is a(n) _____.

municipal court

inferior court

appellate court

justice of peace court

12. The United States Supreme Court:

decides all of the cases appealed to it.

decides a majority of the cases appealed to it.

decides only a small percentage of the cases appealed to it.

defers to the decision of the court of appeals in the event of a concurring opinion.

Reference no: EM133262992

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