What is Law? 1. The law in the United States has been influenced by English, but not by French or Spanish law. F [moderate p. 3] Law is intended to protect persons, but not their property, from unwanted interference from others. F [easy p. 3] Businesses that are organized in the United States are subject to its laws, but not to the laws of other countries in which they do business. T [moderate p. 3] Promoting social justice is a function of the law. T [moderate p. 4] Law serves the functions both to facilitate orderly change and to maintain the status quo. T [moderate p. 4] The U.S. Supreme Court has ruled that it is improper for a party to be convicted in a criminal case if another party involved in the same criminal activity has been acquitted. F [moderate p. 5] One goal of the law is to anticipate all disputes that can arise in the future and to establish laws that address all situations before they arise. F [moderate p. 4] The United States Supreme Court decision in Brown v. Board of Education demonstrates that the law’s function to maintain the status quo. F [moderate p. 5] In the case of Ashcroft, Attorney General v. The Free Speech Coalition, the United States Supreme Court set aside portions of the Child Pornography Prevention Act, because the Act violated the First Amendment’s free speech clause. T [moderate p. 6] According to Anotole France, the law should apply equally to the rich as well as the poor. T [easy p. 5]
Schools of Jurisprudential Thought
11. The proponents of feminist legal theory argue that women should have superior rights to men in some circumstances due to the past unequal treatment of women. F [moderate p. 7] The Natural Law School of jurisprudence believes that the law should be based on what is moral and correct, and that this natural law is discovered by man through the use of reason. T [easy p.7] The Historical School of jurisprudence believes that the law should not change and that what has historically been the law should remain the law. F [moderate p. 7] The Sociological School of jurisprudence emphasizes the following of precedent. F [moderate p. 7] The Command School of jurisprudence believes that the law commands the ruling class, thus the law should not change when there is a change in the ruling class. F [easy p. 7] Proponents of the Critical Legal Studies School argue for great subjectivity in decisions made by judges. T [moderate p. 8] The Law and Economics School of jurisprudential thought holds that rights are not worth protecting if it is too costly from an economic viewpoint to do so. T [easy p. 8] The Nineteenth Amendment to the United States Constitution gave women the right to vote. T [difficult p. 7] In the past the law did not allow married women in the United States to own property. T [difficult p. 6] The Law and Economics School of jurisprudential thought is also known as the “Chicago School.” T [difficult p. 8]
History of American Law 21. The English law courts could only award monetary damages. T [moderate p. 9] The English law courts emphasized legal procedure over the merits of the individual case. T [easy p. 9] The English Chancery Courts were under the authority of the Lord Chancellor.
[moderate p. 9]
In most states today the law courts and equity courts have been combined so that both legal and equitable remedies can be sought in the same court. T [moderate p 9] In general, the courts in a civil law system play a much larger role in making law than in a common law system. F [easy p. 9]
Sources of Law in the United States 26. Together, the federal and state constitutions are considered the supreme law of the land. F [moderate p. 10] The federal government has any power that the U.S. Constitution does not give to the...