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Law
Q:
Explain the priority of law in the United States.
Q:
What is a judicial decision?
A) a decision issued by the executive branch in a state of emergency
B) a decision about an individual lawsuit issued by a federal or state court
C) a codified law passed by the state legislature
D) a decision issued by the legislative branch to establish courses of conduct that covered parties must adhere to
Q:
Stare decisis is the doctrine of ________.
A) providing proof to assert a fact in court
B) adhering to legal precedent
C) separating powers between state and religion
D) ensuring all legal rights are provided to a person when otherwise deprived of them
Q:
How is legal precedent used between courts of different states?
A) Courts of a state cannot cite the judicial decisions of courts of another state in its decisions.
B) Courts of a state must follow precedent from courts of another state for similar cases.
C) Courts of a state can use precedent from courts of another state as a form of guidance.
D) Courts of a state cannot challenge the precedence of courts of another state.
Q:
How does the doctrine of stare decisis help in creating stability in a legal system?
A) by ensuring that witnesses of a case will be protected by the state
B) by ensuring that the legal rights of a defendant are preserved
C) by allowing the use of precedence in deciding future cases
D) by allowing the use of writs
Q:
The Securities and Exchange Commission (SEC), created by the Congress to enforce federal securities laws, is an example of a(n) ________.
A) intelligence agency
B) congressional body
C) judicial body
D) administrative agency
Q:
Ordinances are codified laws that are issued by ________.
A) the President
B) the state legislature
C) Supreme Court judges
D) local government bodies
Q:
________ are established by the legislative and executive branches of the federal government to enforce and interpret statues enacted by the Congress and state legislatures.
A) Commissaries
B) State courts
C) Administrative agencies
D) Councils
Q:
A(n) ________ is a compact made between two or more nations.
A) amendment
B) treaty
C) charter
D) statute
Q:
A(n) ________ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that covered parties must adhere to.
A) charter
B) treaty
C) executive order
D) statute
Q:
What would be an example of codified law in the United States?
A) judicial rulings
B) federal statutes
C) treaties
D) executive orders
Q:
What led to the creation of the Chancery Courts?
A) the insistence for a court system that emphasized legal procedure rather than the merits of a case
B) the law courts' inability to hear all the cases presented to them
C) the increase in overseas trade and proliferation of piracy
D) the unfair results and limited remedies provided by the law courts
Q:
What is considered as the supreme law of the land in the United States?
A) judicial decisions issued by the state courts
B) the Constitution of the United States of America
C) the federal statutes passed by the United States Congress
D) executive orders passed by the President
Q:
The ________ branch of the federal government has the power to enforce the law.
A) judicial
B) legislative
C) executive
D) commissary
Q:
What is the function of the judicial branch of the federal government?
A) It has the power to interpret and determine the validity of the law.
B) It has the power to enact the law.
C) It has the power to enforce the law.
D) It has the power to act as a liaison between legislative and the executive branches.
Q:
The branch of the federal government that has the power to enact laws is the ________.
A) legislature
B) judiciary
C) consulate
D) executive
Q:
What was the key factor in the development of the English common law?
A) the development of forensic science in helping decide cases
B) the supremacy of the king and his intervening powers when deciding cases
C) the use of precedence of past cases for judges to decide present similar cases
D) the subjective decision making of judges when it came to similar cases
Q:
What was the key reason for the creation of law courts during the early development of the English common law?
A) to administer law in a uniform manner
B) to help merchants form a standardized set of commercial laws
C) to increase the power of the king in law-making
D) to facilitate legal disputes for the wealthy and influential
Q:
Which of the following statements best indicates how chancery courts were different from law courts?
A) Chancery courts emphasized developing merchant laws rather than laws for the common citizen.
B) Chancery courts inquired into the merits of the case rather than emphasize legal procedures.
C) Chancery courts emphasized a standard set of remedies across different cases rather than provide equitable remedies.
D) Chancery courts had lower precedence level over legal decisions than the law courts.
Q:
________ courts were allowed to give equitable remedies under the English common law.
A) Merchant
B) Law
C) Chancery
D) Appellate
Q:
What school of jurisprudence bases its principles, for solving legal disputes, on broad notions of "fairness," and subjective decision making by judges?
A) the Natural Law School of jurisprudence
B) the Analytical School of jurisprudence
C) the Critical Legal Studies School of jurisprudence
D) the Sociological School of jurisprudence
Q:
What school of jurisprudential thought emphasizes using law as a tool for market efficiency while solving legal disputes?
A) the Critical Legal Studies School of jurisprudence
B) the Command School of jurisprudence
C) the Sociological School of jurisprudence
D) the Law and Economics School of jurisprudence
Q:
What School of jurisprudential thought is reflected in documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter?
A) the Natural Law School
B) the Historical School
C) the Sociological School
D) the Analytical School
Q:
The U.S. government passed draft laws during the Vietnam War decreeing that men of a certain age had to serve in the military if they met physical requirements. Which of the following schools of jurisprudential thought do such draft laws adhere to the most?
A) the Historical School of jurisprudential thought
B) the Natural Law School of jurisprudential thought
C) the Sociological School of jurisprudential thought
D) the Command School of jurisprudential thought
Q:
Which school of jurisprudence views law as a sort of evolutionary process, where changing norms of society will be reflected in the law?
A) the Natural Law School of jurisprudence
B) the Sociological School of jurisprudence
C) the Analytical School of jurisprudence
D) the Historical School of jurisprudence
Q:
Imposing a ban on public smoking can serve as an example of a law that adheres to the ________ School of jurisprudence.
A) Command
B) Sociological
C) Law and Economics
D) Analytical
Q:
Proponents of the Command School of jurisprudence will assert that the law is ________.
A) developed, communicated, and enforced by the ruling party
B) a means to achieve and advance sociological goals
C) a collection of a society's traditions and customs that has developed over the centuries
D) based on human reasoning, and humans' choosing power between what is good and evil
Q:
What function of the law is being served when passing laws that prohibit discrimination at workplaces?
A) keeping the peace
B) providing a basis for compromise
C) maintaining the status quo
D) promoting social justice
Q:
Halfren, a county in the state of Halizona, is extremely earthquake-prone. The governor of Halizona set up a committee to study the effects of past earthquakes on Halfren and the possible methods that could be used to minimize damage and loss of life. The committee found that a new technique of using steel reinforcements in building columns would help reduce overall damages. The findings were put to a debate at the local town hall, where it was accepted by a majority of the residents of Halfren. The state government then passed a law making it mandatory to use the new steel-reinforced columns while constructing new buildings in Halfren. Which of the following function of the law did the state government of Halizona exhibit in this case?
A) promoting social justice
B) maximizing individual freedom
C) shaping moral standards
D) facilitating orderly change
Q:
What function of the law is being served when passing laws that protect the U.S. government from the risk of being forcefully overthrown?
A) maintaining the status quo
B) shaping moral standards
C) facilitating orderly change
D) promoting social justice
Q:
By allowing U.S. citizens to practice any religion of their choice, what essential function of the law does the U.S. Constitution serve?
A) facilitating orderly change
B) maintaining the status quo
C) maximizing individual freedom
D) facilitating planning
Q:
Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. He sued the car manufacturer for installing faulty airbags. But in the course of the case being heard in court, the car company and Mark decided settle the lawsuit out of court. What important function of the law was served in this case?
A) promoting social justice
B) maximizing individual freedom
C) providing a basis for compromise
D) maintaining the status quo
Q:
The Supreme Court case decision on the case of Brown v. Board of Education was important because it exhibited ________.
A) the use of the affirmative action policy
B) the scope of flexibility of the law
C) the state's supremacy over federal rulings
D) the importance of following precedence
Q:
The Analytical School of jurisprudence maintains that the law should be ________.
A) shaped by logic
B) based on social behavior
C) set by the ruling class
D) based on morality
Q:
Executive orders are an example of codified law.
Q:
Ordinances are not codified into code books.
Q:
State courts of one state are not required to follow the legal precedent established by the courts of another state.
Q:
The doctrine of stare decisis provides that each court decision is independent and should stand on its own.
Q:
Law is described as ________.
A) a body of rules of action or conduct prescribed by controlling authority, and having binding legal force
B) a study of fundamental problems, such as those connected with existence, knowledge and language
C) a system that builds and organizes knowledge in the form of testable explanations and predictions
D) a group of hypotheses employed to explain a phenomenon
Q:
Which of the following would be considered an example of "shaping moral standards," as seen as a function of the law?
A) laws granting freedom of speech and religion
B) laws discouraging drug and alcohol abuse
C) laws providing rights to peaceful protest
D) laws preventing overthrow of the government
Q:
Federal statutes take precedence over treaties.
Q:
Treaties are considered to be a part of the supreme law of the United States of America.
Q:
Statutes are written laws that establish certain courses of conduct that covered parties can use as a form of guidance.
Q:
Federal statutes are organized by topic into code books.
Q:
The authority to enact ordinances lies solely with the state legislatures.
Q:
Powers not given to the federal government by the U.S. Constitution are reserved to the states.
Q:
Provisions of federal law are valid as long as they do not conflict with any state law.
Q:
Within a state, the state constitution precedes the U.S. Constitution.
Q:
Administrative agencies are created by the judicial branch of government.
Q:
A treaty does not require Senate approval before being passed.
Q:
Legal precedence is a key feature of the Historical School of jurisprudence.
Q:
Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.
Q:
The merchant courts were established because of the unfair results and limited remedies available in the chancery courts.
Q:
The adoption of the English common law led to precedence being an important feature of the American legal system.
Q:
The law courts of the English common law could only provide monetary awards for damages.
Q:
Natural Law School of jurisprudence emphasizes shaping laws based on morals and ethics.
Q:
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.
Q:
The Law and Economics School of jurisprudential thought holds that rights are not worth protecting if it is too costly from an economic viewpoint.
Q:
The Critical Legal Studies School proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo.
Q:
The Critical Legal Studies School of jurisprudential thought seeks to restrict the subjective decision-making powers of judges.
Q:
The Analytical School of jurisprudence lays emphasis on how the result of a case is reached rather than the logic of the result itself.
Q:
(Cheeseman)
Q:
Under the Clean Air Act, a factory may be required to limit its emissions of volatile organic compounds to a certain amount per unit of production or hour of operation.
Q:
In 1990, concerned about toxic air pollutants, Congress specified a list of 189 chemicals for which the EPA is required to issue regulations requiring the installation of the most affordable control technology.
Q:
What are the major requirements a person who generates, treats, stores, or transports significant quantities of hazardous waste must meet?
Q:
What is the consequence of placing a site on the National Priority List for cleanup under "Superfund?" Who can be responsible for cleanup costs of such a site?
Q:
Describe Superfund's "Community Right to Know" requirement.
Q:
In recent years, the government has looked to supplement or partially replace the command and control system for environmental problems with the use of economic incentives and voluntary approaches to try to bring about the desired results.
Q:
NEPA requires a federal agency to consider the environmental impact of a project before the project is undertaken.
Q:
"Community Right to Know" legislation:
A. requires an industry to disclose to the community the presence of certain hazardous chemicals.
B. is the law in most states, under the 1958 amendments to Superfund.
C. is only effective in those states which have adopted such requirements under state law.
D. establishes a cradle-to-the-grave regulatory system.
Q:
Explain the Clean Air Act's approach for dealing with air pollution, including the role of the states.
Q:
When is a discharge permit required under the Clean Water Act?
Q:
NIMBY stands for:
A. a national and international measurement organization which regulates environmental emissions in North American countries.
B. "not in my backyard"a syndrome in which people want the wastes from their community disposed of in any place but their own.
C. national industrial measures for barren industrial yards.
D. a national institution for the maintenance of biological and irrigational yield.
Q:
Rogers owned property which he discovered was contaminated with hazardous waste. He learned that twenty years earlier, Smith's Manufacturing had owned the property and used it as a disposal site for manufacturing chemicals. Rogers also learned that Jones' Trucking had hauled the chemicals to the site under contract with Smith. Under these circumstances, which, if any, of the parties can be liable for the costs of cleaning up the site under CERCLA?
A. Smith is potentially liable under CERCLA.
B. Rogers is potentially liable under CERCLA.
C. Smith and Jones are potentially liable under CERCLA.
D. Rogers, Smith, and Jones are all potentially liable under CERCLA.
Q:
The Resource Conservation and Recovery Act:
A. establishes a program governing the injection of wastes into wells.
B. has the responsibility for designating disposal sites and for establishing the rules governing ocean disposal.
C. provides the federal government and the states with the authority to regulate facilities that generate, treat, store, and dispose of hazardous waste.
D. requires identification and assessment of sites in the United States where hazardous wastes had been spilled, stored, or abandoned.
Q:
_____ requires persons who generate, treat, store, or transport specified quantities of hazardous waste to notify the EPA of that fact.
A. The Resource Conservation and Recovery Act
B. The Federal Water Pollution Control Act
C. The Compensation, and Liability Act
D. The Safe Drinking Water Act
Q:
Under the RCRA, most of the wastes defined as hazardous are subject to:
A. a "cradle to the grave" tracking system.
B. pretreatment standards, in the case of industrial discharge permits.
C. proper disposal by treatment at the point the waste enters the water distribution system.
D. on-site treatment before it enters the sewer system.
Q:
Employees of a company that illegally disposes of hazardous waste without a proper permit:
A. may not be held criminally liable for their acts if their acts were undertaken on behalf of the corporation.
B. may not be held criminally liable for their acts unless they acted without the knowledge or approval of the corporation.
C. may be held criminally liable for actions undertaken on behalf of the corporation.
D. may be held liable to a minimum of $25,000 for a first offense up to $150,000 per day and five years in prison for subsequent violations.
Q:
The wetland permit program:
A. is administered by the Koyoto Protocol with EPA involvement.
B. can limit a landowner's use of property when that use is viewed as injurious to the values protected by the Clean Water Act.
C. specified a list of 189 chemicals for which EPA is required to issue regulations requiring the installation of the maximum available control technology.
D. established a program governing the injection of wastes into wells.
Q:
ISO 14001 includes:
A. Guidelines for environmental auditingaudit procedures.
B. Life cycle assessmentprinciples and guidelines.
C. Guidelines for environmental auditinggeneral principles.
D. Environmental management systemsspecification with guidance for use.