Ch7 Civil And Administrative Law Verified Test Bank

CHAPTER 7

CIVIL AND ADMINISTRATIVE LAW

MULTIPLE CHOICE QUESTIONS

1. Civil law is:

a. private law

b. the opposite of common law

c. public law

d. applicable only to civil rights cases

2. Reduced to its bare bones, _______________ defines and governs the rights and duties that all individuals owe to all other individuals.

a. criminal law

b. strict liability

c. felony law

d. civil law

3. In civil law, cases involving injury to persons or property are called:

a. plaintiffs

b. crimes

c. punitives

d. torts

4. In a civil case, the injured party is:

a. the state

b. the neighborhood

c. the police department

d. a private citizen

5. Civil courts require proof:

a. beyond a reasonable doubt

b. by a preponderance of the evidence

c. by clear and convincing evidence

d. of reasonable suspicion

6. Which standard of proof is applied in civil cases in which punitive as well as compensatory damages are sought?

a. preponderance of evidence

b. beyond doubt

c. clear and convincing evidence

d. beyond a reasonable doubt

7. In civil cases, what kind of damages are awarded in excess of compensatory damages?

a. excessive

b. massive

c. classic

d. punitive

8. What term used in civil law literally means "at first look"?

a. res judicata

b. ipsa facie

c. prima facie

d. res ipsa loquitor

9. What common law doctrine literally means "the thing speaks for itself"?

a. res ipsa loquitor

b. prima facie

c. ipsa facie

d. res judicata

10. Which of the following rights afforded to criminal defendants apply to civil defendants?

a. Fourth

b. Fifth

c. Sixth

d. none of the above

11. The term tort comes from the Latin tortus, meaning:

a. suit in court

b. a wrong

c. a damage

d. a crime

12. What is the body of law associated with harm caused to plaintiffs by the action or inaction of defendants other than breaches of contract?

a. tort law

b. restorative law

c. criminal law

d. contract law

13. _________ constitute by far the majority of cases brought before American courts.

a. torts

b. contract disputes

c. misdemeanors

d. felonies

14. Tort categories are defined based on the _______________ of the defendant.

a. liability

b. intent

c. harm

d. act

15. The term civil intent is simply:

a. the reason for wanting to cause harm

b. the desire to cause the consequences

c. when one knowingly causes harm

d. negligently causing injury

16. For negligence to exist, the plaintiff must prove that:

a. the defendant had a duty to act in a certain way, the defendant acted in that way, this action was the cause of the plaintiff's injury or loss

b. the defendant had a duty to act in a certain way, the defendant beached that duty, this breach of duty was the cause of the plaintiff's injury or loss

c. the defendant acted in a certain way, this action caused harm, the plaintiff did not provoke the action

d. the plaintiff demanded the defendant to act in a certain way, the defendant did not act in that way, harm resulted by the defendant’s inaction

17. The term ordinary care refers specifically to the degree of care expected:

a. between a mother and child

b. from the reasonable person

c. from the negligent person

d. between strangers

18. Legal cause is also known as _______________ cause in civil cases.

a. but for

b. actual

c. proximate

d. occurrence

19. Contributory negligence is a doctrine holding that:

a. if an injured party was partially responsible for the harm, the responsibility is apportioned accordingly

b. the tortfeasor may countersue the plaintiff

c. if an injured party was responsible for some of the injury, then the defendant can be held responsible for only that portion that is a direct result of his or her actions

d. if an injured party was in any way partially responsible for his or her injuries, then he or she is barred from recovering from a tortfeasor

20. Which type of defense to a civil tort is a doctrine that attempts to apportion the responsibility among each party?

a. contributory negligence

b. comparative negligence

c. consent

d. immunity

21. Property law in the United States is largely a product of the English:

a. statutes

b. police departments

c. kings

d. common law

22. Property includes:

a. personal property

b. real property

c. intellectual property

d. all of the above

23. Interests in real property are ____________ in real property.

a. justice

b. reformations

c. lawsuits

d. rights

24. Which type of interest in real property typically involves only a right to use property?

a. freehold estate

b. fee simple estate

c. nonfreehold estate

d. tenancy in common

25. Which interest in real property is one in which the property interest does not revert to the original owner after the person dies?

a. fee simple estate

b. nonfreehold estate

c. usage estate

d. fee simple absolute estate

26. When multiple parties each own an equal share of a piece of real property, they have a(n):

a. tenancy in common

b. bailment interest

c. fee simple estate

d. easement

27. What gives a person the limited right to use the property of another for a particular purpose?

a. easement

b. adverse possession

c. bailment

d. nuisance doctrine

28. The doctrine of adverse possession affects only property that has been _______________ by the original owner.

a. purchased

b. developed

c. abandoned

d. homesteaded

29. What type of property includes any tangible item not connected to the land?

a. real

b. personal

c. intellectual

d. transactional

30. A _____________ is a temporary transfer of possession of personal property to another for a particular purpose, with the understanding that the property will be returned at a later time.

a. easement

b. adverse possession

c. bailment

d. nuisance doctrine

31. ____________ law is the law governing the conduct of business.

a. intellectual

b. contract

c. civil

d. transactional

32. Much of the law governing contracts is now guided by the:

a. Administration Procedure Act

b. Contract Constitution Act

c. Uniform Commercial Code

d. Sarbanes-Oxley Act

33. What are the backbones of contracts and become legally binding when supported by legal considerations?

a. parties

b. signatures

c. authorization

d. promises

34. ____________ is often described as involving an offer and an acceptance.

a. legal capacity

b. two-party

c. legality

d. assent

35. What type of contract is created if a promise is made by both parties?

a. bilateral

b. lateral

c. equal

d. unilateral

36. What is said to occur when the terms of a contract are not met?

a. contributory negligence

b. immunity

c. breach of contract

d. negligence of contract

37. The family is the basic institution of any society, and therefore the ____________ is a third party in every marriage.

a. couple

b. state

c. family

d. children

38. Marriage is a ____________ that carries with it rights and responsibilities for both parties.

a. legal contract

b. punishment

c. reward

d. deal

39. Incompetencies precluding the issuance of a marriage license include:

a. mental deficiencies

b. being under the influence of intoxicating substances at the time of application

c. being under legal age

d. all of the above

40. In which case did the U.S. Supreme Court state that the right to marry was a "basic civil right"?

a. Loving v. Virginia

b. Zablocki v. Redhail

c. Reynolds v. United States

d. Skinner v. State of Oklahoma, Ex. Rel. Williamson

41. On June 26, 2015, the United States became the ______ country to make same-sex marriage legal nationwide.

a. 18th

b. 20th

c. 22nd

d. 27th

42. In which case did the U.S. Supreme Court rule that homosexual marriages are legal in every state?

a. Reynolds v. United States

b. United States v. Windsor

c. Turner v. Safley

d. Obergefell v. Hodges

43. A common law marriage may be established by:

a. the husband and wife living together prior to being married

b. couples cohabitating and acting in every way as though married even though they have not been through a formal wedding ceremony and have no license

c. the man who is the husband of one woman lives with another woman as if she were his wife, or vice versa for a woman

d. a and c only

44. The dissolution of the marital contract by divorce or annulment requires _______________ grounds.

a. evidence

b. competency

c. legal

d. fault

45. All states now have _______________ divorce, meaning there is no assumption of fault by either marriage partner for the marital breakup.

a. fault

b. no-fault

c. assumed fault

d. equal

46. What is a legal declaration that a marriage never existed because the legal requirements for a valid marriage were not met?

a. divorce

b. annulment

c. fault

d. illegitimacy

47. Under which property model do the courts typically divide all property owned by either spouse at the time of the divorce equally?

a. all-property

b. dual-property

c. mono-property

d. bi-property

48. Child support is based on:

a. who wins in the divorce process

b. how lengthy the divorce process was

c. the custodial status of the children

d. the custodial status of the parents

49. Administrative law is a branch of:

a. private law

b. commercial law

c. public law

d. equity law

50. Prior to the twentieth century, one of the operating principles of the United States government vis-à-vis business were _______________, which literally means "leave do."

a. caveat venditor

b. interferez tout

c. laissez-faire

d. caveat emptor

51. Which act passed by Congress in 1946 established the basic procedural standards for federal agencies, letting them know how they may propose and establish their regulations and go about adjudicating violations of them?

a. Agency Procedure Act

b. Administrative Agency Act

c. Administrative Procedure Act

d. Procedural Agency Act

52. Congress has empowered regulatory agencies to _______________ violations of agency rules and to devise ways of enforcing them.

a. initiate

b. create

c. supervise

d. investigate

53. If an administrative ruling is overturned by the courts, it is based on:

a. points of law

b. fact

c. partiality

d. reluctance

54. In which case did the U.S. Supreme Court hold that courts must defer to an administrative agency's interpretation of its own rules because Congress has granted them such authority?

a. Chevron U.S.A., Inc. v. Natural Resource Defense Council, Inc.

b. United States v. Weitzenhoff

c. National Cable & Telecommunications v. Brand X Internet Services

d. Rylands v. Fletcher

55. What is a separate accounting of major white-collar crimes issued each year by the FBI that lists results of investigations carried out by the FBI's Financial Crimes Section?

a. Financial Crimes Report

b. Money Crimes Report

c. Fraud Crimes Report

d. Forensic Crimes Report

56. What requires company chiefs to personally vouch for their company's financial disclosures, ensuring that they can no longer hide behind a "plausible deniability" defense?

a. Financial Disclosure Act

b. Sarbanese-Oxley Act

c. Corporate Disclosure Act

d. White-Collar Crimes Penalty Act

57. Since the 1960s there has been concern for _______________, one that is overseen by the EPA.

a. administrative justice

b. community justice

c. environmental justice

d. social justice

58. Which enforcement task area of the EPA seeks to preserve a level playing field for responsible companies that abide by the laws?

a. criminal

b. administrative

c. civil

d. cleanup

59. Regardless of whether they are criminally or civilly prosecuted, defendants of environmental crimes are typically tried under which principles?

a. negligence

b. recklessness

c. strict liability

d. purposeful

60. Which classic American case cemented the use of the strict liability criteria for polluters?

a. Rylands v. Fletcher

b. National Cable & Telecommunications v. Brand X Internet Services

c. Chevron U.S.A., Inc. v. Natural Resource Defense Council, Inc.

d. United States v. Weitzenhoff

TRUE/FALSE QUESTIONS

1. Civil law is public law.
2. Juvenile law applies to laws regulating the behavior of adults.
3. In a civil case, a complaint is filed by a private party known as the plaintiff.
4. Preponderance of the evidence simply means that the evidence indicates it is more likely that the defendant committed the wrongful act.
5. Exemplary damages are punitive damages.
6. Involuntary commitment is the use of legal means to commit someone to a mental institution with his or her consent.
7. Res loquitor translates to “the thing speaks for itself”.
8. In Criminal law, the prosecution has the burden of proof.
9. In Civil law, the legal victim is the individual.
10. Tortus is a Latin term meaning “a wrong”.
11. A person can be held liable for a harm both in civil and criminal courts.
12. Civil intent is the reason for having the desire.
13. The typical standard of care is referred to as ordinary care.
14. Res judicata translates to “case decided”.
15. Actual cause and permanent cause are two types of causation in criminal law.
16. A freehold estate is one in which the property interest does not revert to the original owner.
17. Public law is the law governing the conduct of business.
18. The UCC stands for the Uniform Commercial Code.
19. A contract must include at least two parties.
20. Contracts can either be written or verbal.
21. Good Faith is the assumption that all parties are making promises that they mean to keep.
22. In family law, the state is the second party in every marriage.
23. Aristotle said that the real penalty for bigamy is two wives.
24. There are only two countries in the world that allowed same-sex marriage.
25. A breach of contract is when terms of a contract are not met.
26. In Obergefell v. Hodges, the Supreme Court ruled that homosexual marriages are legal in every state.
27. No-fault divorces concern irreconcilable differences.
28. In a dual-property model, the courts divide all property owned by either spouse at the time of the divorce equally.
29. Administrative law is regulatory law.
30. In regard to environmental laws, criminal enforcement deals with sites where there has been a release or the threat of a release of hazardous substances in the environment.

ESSAY QUESTIONS

1. Describe the main differences that exist between civil and criminal law.
2. Define tort law. Explain the three categories of torts.
3. Define property. Explain the differences among personal, real, and intellectual property. Give an example of each.
4. Discuss the elements of a valid contract.
5. How do the courts deal with administrative regulations? In your answer discuss Chevron deference and what it means for courts.