BUL 4310 EXAM 1
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EXAM 1
1.True or False: Mark has recently been having issues with his next-door neighbor trespassing into his backyard. He decides to sue his neighbor in a small claims court.
Not knowing much about what goes on in court, Mark decides to do some research by watching several episodes of Judge Judy. He takes notes on the way the judge acts and how the plaintiff and defendant act. This show tends to give a reasonably accurate portrayal of the American legal system, at least with respect to the role of the judge in
deciding the law and finding the facts. - ANS-Answer - False: Lecture. LSB 41-43.
2.Common law is distinct from the Civil Law (Code system - the Roman Law). In judgemade law (the common law system), the law bubbles up from court cases, as decisions are written down and put in yearbooks. The result is that the law increasingly becomes universal, understood, and spread throughout the kingdom. Which of the following is
true?
A. Nowadays, the common law is found principally in English speaking countries.
B. Under the civil law, courts are subject to stare decisis.
C. Opinions from Georgia are binding in Florida.
D. When the United States became a nation, law was created from a blank slate.
E. None of the above. - ANS-Answer: A, LSB 39-40, Barron's Page 7.
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3. A case decided in 2004 by the Massachusetts Supreme Court and reported by
NorthEastern Reports in volume 808 page 301, involved the First Congregational
Church of Haverhill (defendant) and Callahan (plaintiff). How would this court case be cited?
A. Callahan v. First Congregational Church of Haverhill, Mass. 2004 (301 N.E. 2d 808).
B. First Congregational Church of Haverhill v. Callahan, Mass. 2004 (301 N.E. 2d 808).
C. Callahan v. First Congregational Church of Haverhill, 808 N.E. 2d 301 (Mass. 2004).
D. First Congregational Church of Haverhill v. Callahan, 808 N.E. 2d 301 (Mass. 2004).
E. Callahan v. First Congregational Church of Haverhill, 301 N.E. 2d 808 (Mass. 2004). - ANS-Answer: C. Lecture.
4. Shrek, a law student, is doing research about court cases in a far away land. While online, he finds the case he is looking for, and the following summation is shown:
Farquad v. Fiona, 808 N.E. 2d 301 (New York, 2004). As a competent law student,
Shrek can assume which of the following:
A. Farquad, the Defendant (or Appellee), was likely sued by Fiona, the plaintiff
(although in some cases she could be the defendant but also the appellant), in 2004
by the New York State Supreme Court and published in the 300th edition of Northeastern Reports.
B. Fiona, the Defendant (or Appellee), was likely sued by Farquad, the plaintiff (or the appellant, although in some cases Farquad could be the defendant). The decision, in
2004, was by the New York Court of Appeals and published in the 2nd edition of Northeastern Reports.
C. Fiona, the Defendant, was likely sued by Farquad, the plaintiff, in 2004. This case was published in - ANS-Answer—B, Lecture and very early LSB.
5.Some laws are codified, while others arise out of the common law. All of the following are examples of public laws, except:
A. Tax law
B. Contract Law
C. Constitutional Law
D. Administrative Law
E. Criminal Law - ANS-Answer: B, Contract law = private law, LSB 18.
6.True or False: Ethics is more likely to influence law rather than vice-versa. - ANS-Answer: TRUE. LSB 7-9, Lecture, Barron's page 5.
7.True or False: Stare decisis binds all of the lower courts of a jurisdiction to determinations rendered b [Show Less]