Final Exam Prep Chapter 7 Civil And Administrative Law

CHAPTER 7

CIVIL AND ADMINISTRATIVE LAW

MULTIPLE CHOICE QUESTIONS

1. What type of law governs transactions between nongovernmental entities?

a. strict liability law

b. criminal law

c. civil law

d. juvenile law

2. What type of law deals with the enforceability of private agreements between individuals and organizations

a. property

b. contract

c. juvenile

d. family

3. Which standard of evidence in civil law simply means that the evidence indicates it is more likely than not that the defendant committed the wrongful act?

a. beyond a reasonable doubt

b. preponderance of the evidence

c. mere doubt

d. mere evidence

4. Punitive damages are also known as _______________ damages.

a. compensatory

b. exemplary

c. excessive

d. specific

5. Involuntary commitment is the use of legal means to commit someone to a _______________ against his or her will.

a. prison

b. work camp

c. mental institution

d. all of the above

6. A _______________ case means enough evidence exists for there to be a case to answer.

a. ipsa facie

b. res ipsa loquitor

c. prima facie

d. res judicata

7. Recorded verbal evidence sworn under oath for later use in court is known as a(n):

a. deposition

b. examination

c. testimony

d. tortfeasor

8. 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

9. Damages awarded in tort law are typically:

a. labor intensive

b. fixed

c. monetary

d. large

10. The term _______________ literally means "thing decided".

a. prima facie

b. res ipsa loquitor

c. ipsa facie

d. res judicata

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

a. liability

b. intent

c. harm

d. act

12. _______________ torts include acts in which the defendant deliberately causes harm to another person or their property.

a. intentional

b. first degree

c. manipulative

d. reasonable

13. The typical standard of care in a tort case is referred to as:

a. ordinary care

b. reasonable care

c. dutiful care

d. societal care

14. Legal cause is also known as _______________ cause in tort cases.

a. but for

b. actual

c. proximate

d. occurrence

15. Generally, the owners of domestic animals are _______________ liable for any injuries that their animals may cause, even if they took all precautions against an animal getting loose.

a. criminally

b. domestically

c. negligently

d. strictly

16. Which defense to civil liability is exemplified by the following scenario: Jon’s is injured by Pete's negligent conduct but the court determines that Jon was also negligent (25% responsible), Jon was able to recover only the percentage of his injuries caused by Pete (75% in this case)?

a. comparative negligence

b. contributory negligence

c. consent

d. immunity

17. Under which defense to a tort are judges protected from civil suits for judicial actions, such as placing a dangerous man on probation who subsequently kills someone?

a. comparative negligence

b. consent

c. immunity

d. contributory negligence

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

a. statutes

b. police departments

c. kings

d. common law

19. Property includes:

a. personal property

b. real property

c. intellectual property

d. all of the above

20. What type of property is defined as land or permanent attachments to land?

a. personal

b. interest

c. real

d. intellectual

21. In what case did the California Supreme Court determine that allowing the city to take ownership of the sports team would unnecessarily restrict business owners in the enjoyment of their property?

a. City of Los Angeles v. Los Angeles Rams

b. City of Oakland v. Oakland Raiders

c. City of Anaheim v. Anaheim Angels

d. City of Los Angeles v. Los Angeles Dodgers

22. Which type of interest in real property is one wherein a person owns a piece of property?

a. nonfreehold estate

b. freehold estate

c. rental estate

d. usage estate

23. Under a _______________, if one of the parties dies, under the right of survivorship that person's interest in the property may be transferred to the surviving party.

a. fee simple estate

b. nonfreehold state

c. tenancy in common

d. usage estate

24. Traditionally, the time period for filing suit to obtain land from another under the doctrine of adverse possession is at least _______________ years.

a. three

b. five

c. seven

d. nine

25. Under the _______________, a property owner may not use their property in such a way that it has an unreasonable, adverse effect on other property owners.

a. adverse possession

b. disturbing the peace

c. nuisance doctrine

d. tenancy in common

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

a. real

b. personal

c. intellectual

d. transactional

27. Sofia taking her dress to the dry cleaners is an example of what personal property concept?

a. easement

b. bailment

c. adverse possession

d. nuisance

28. Much of the law concerning contracts is now guided by the:

a. Administration Procedure Act

b. Contract Constitution Act

c. Uniform Commercial Code

d. Sarbanes-Oxley Act

29. In contract law, what codifies a variety of principles already established by common law?

a. Uniform Commercial Code

b. Uniform Civil Code

c. International contract Code

d. Civil Contract Code

30. In a contract, consideration is essentially the _______________ by a party to the agreement.

a. legal capacity

b. signature

c. authorization

d. reliance

31. Which requirement of a valid contract means a person must be mentally competent and be an adult?

a. assent

b. two-party

c. legal capacity

d. legality

32. Another concept crucial to the study of contract law is the notion of _______________ wherein in most contract negotiations, there is an assumption that all parties are making promises they mean to keep.

a. assent

b. legality

c. good faith

d. capacity

33. In which case did the U.S. Supreme Court rule that a business could relieve itself of a labor contract (i.e., breach the contract) if a Chapter 11 bankruptcy petition had been filed, even before a bankruptcy court had approved or rejected the petition?

a. Lubitz v. Wells

b. Skinner v. Oklahoma

c. Chevron Deference

d. National Labor Relations Board v. Bildisco & Bildisco

34. Which category of civil law is focused largely on the entering into and the dissolution of marriages?

a. family law

b. tort law

c. administrative law

d. contract law

35. 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

36. Loving v. Virginia is an important case because it overturned a number of state statutes banning:

a. same-sex marriage

b. interracial marriage

c. marriage of prison inmates

d. marriage of "deadbeat dads"

37. In which case did the U.S. Supreme Court rule that even prison inmates have a fundamental right to marry?

a. Zablocki v. Redhail

b. Turner v. Safley

c. Loving v. Virginia

d. Reynolds v. United States

38. In which case did the U.S. Supreme Court rule that same-sex marriages are legal in every state?

a. Reynolds v. United States

b. United States v. Windsor

c. Turner v. Safley

d. Obergefell v. Hodges

39. What is the primary reason that the majority of states have abolished common law marriages?

a. states recognize marriage to be a legal contract that carries with it rights and responsibilities for both parties

b. states do not want to have to grant common law separations or divorces due to the legal headaches

c. too many opportunities exist for evading responsibilities, fraud, and all manner of legal complications if one of the couple dies, deserts, or defaults on the implied contract

d. both a and c

40. 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

41. 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

42. Which divorce property model is followed by most states?

a. dual-property

b. mono-property

c. all-property

d. bi-property

43. In marriages with children that end in divorce, the courts also have to decide the emotional and often acrimonious issue of:

a. child custody

b. feline custody

c. canine custody

d. spousal custody

44. Administrative law is also called:

a. regulatory law

b. contract law

c. property law

d. all of the above

45. Article 1, section 8, of the U.S. Constitution grants Congress the _______________ (complete) power to regulate commerce.

a. regulatory

b. commercial

c. corporate

d. plenary

46. The first regulatory agency in the modern sense of an agency making, enforcing, and adjudicating its own rules independent of the executive branch of the government was the:

a. Interstate Commerce Commission

b. United States Justice Department

c. Surface Transportation Board

d. Occupational Safety and Health Administration

47. Administrative law is created by the administrative agencies themselves based on authority granted them by:

a. the U.S. Supreme Court

b. the President

c. Congress

d. case law

48. Most disputes and regulatory infractions are settled informally by _______________ settlements.

a. involuntary

b. voluntary

c. criminal

d. judicial

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

a. points of law

b. fact

c. partiality

d. reluctance

50. In which case was the U.S. Supreme Court asked to clear up an ambiguity in some provisions of the federal Clean Air Act?

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

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

c. Rylands v. Fletcher

d. United States v. Weitzenhoff

51. When dealing with administrative regulations, if there is ambiguity or gaps in the statutes, the federal courts may then decide if an agency's interpretation is:

a. authoritative

b. regulatory

c. reasonable

d. legal

52. Which crimes are conspicuously absent from the annual FBI crime tally?

a. private

b. white-collar

c. environmental

d. civil

53. What section of the FBI oversees the investigation of financial fraud and supervises asset forfeitures from individuals engaged in such crimes?

a. Fraud Crimes Section

b. Asset Crimes Section

c. Financial Crimes Section

d. Forfeiture Crimes Section

54. The White-Collar Crimes Penalty Enhancement Act relaxed standards for proving _______________ and penalties of up to twenty years for conviction were also included.

a. guilt

b. a crime actually occurred

c. obstruction of justice

d. collusion

55. 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

56. The first Earth day was held in which year?

a. 1940

b. 1950

c. 1960

d. 1970

57. Which regulatory agency has tended to center its regulatory focus on the areas of air and water pollution and hazardous waste and chemicals?

a. Food and Drug Administration

b. Occupational Safety and Health Administration

c. Environmental Protection Agency

d. Interstate Commerce Commission

58. Why do regulatory agencies tend to choose to pursue civil rather than criminal penalties for violations?

a. prosecuting environmental crimes is difficult due to the frequent lack of evidence tying a corporate actor in the decision to commit the offending act

b. because most violations involve government agencies and they regulatory agencies do not have criminal jurisdiction

c. the agencies would rather pursue money than criminal violations in which no money can be obtained

d. all of the above

59. Which classic strict liability case involved an environmental wrong when water from a man's textile mill reservoir overflowed and flooded the mine shafts of another man in nineteenth-century England?

a. Rylands v. Fletcher

b. United States v. Weitzenhoff

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

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

60. The authors note that we have evolved a "_______________" that is preoccupied with safety and the future and with the sense that we can control the future by attending to the dangers and hazards engendered by scientific and technological advances.

a. hazardous society

b. dangerous society

c. risk society

d. blind society

TRUE/FALSE QUESTIONS

1. In civil law, cases involving injury to persons or property are called torts.

a. True

b. False

2. Civil courts require proof by a preponderance of the evidence.

a. True

b. False

3. The term "prima facie" used in civil law literally means "at first look".

a. True

b. False

4. The term tort comes from the Latin tortus, meaning a crime.

a. True

b. False

5. The civil law protection corresponding to the double jeopardy protection in criminal law is known as res judicata.

a. True

b. False

6. In tort cases, intent is presumed when an action takes place and is differentiated from motive.

a. True

b. False

7. Actual cause is also called but for cause in tort cases.

a. True

b. False

8. Strict liability typically is applied to situations where a person chooses an activity that creates a risk of harm to others.

a. True

b. False

9. The contributory negligence defense to a civil tort is a doctrine that attempts to apportion the responsibility among each party

a. True

b. False

10. In a legal sense, easement means the right of possession or ownership.

a. True

b. False

11. A fee simple estate typically involves only a right to use property.

a. True

b. False

12. Under the doctrine of adverse possession, it is possible for a person to acquire an interest in another's property simply by using it.

a. True

b. False

13. Under the bailment doctrine, a homeowner may be prevented from operating a slaughterhouse in a residential area.

a. True

b. False

14. Personal property is sometimes referred to as intellectual property.

a. True

b. False

15. A bailment involves the transfer of possession of personal property but not ownership.

a. True

b. False

16. The Labor Relations Code is designed to standardize trade and contract practices among merchants and businesses.

a. True

b. False

17. Signatures are the backbones of contracts and become legally binding when supported by legal considerations.

a. True

b. False

18. A bilateral contract is created if a promise is made by both parties.

a. True

b. False

19. Marriage is a contract that carries with it rights and responsibilities for both parties.

a. True

b. False

20. Ireland was the first country to allow same sex marriage in 2001.

a. True

b. False

21. In Obergefell v. Hodges, the U.S. Supreme Court ruled that same-sex marriages are legal in every state.

a. True

b. False

22. Declarations are legally acceptable reasons required for divorce.

a. True

b. False

23. The creation of a marriage partnership requires a determination of who gets what out of that partnership.

a. True

b. False

24. Administrative entities combine the government roles of the legislative, executive, and judicial branches of government in one agency.

a. True

b. False

25. The Surface Transportation Board was created in 1887 in response to supposedly unfair railroad tariffs.

a. True

b. False

26. Since 1984, courts have applied what is known as Rylands deference to appeals from administrative court hearings.

a. True

b. False

27. White-collar crimes are conspicuously absent from the annual FBI crime tally.

a. True

b. False

28. The 2002 Corporate Crime Enhancement Act created new securities offenses with significantly enhanced penalties.

a. True

b. False

29. The Environmental Protection Agency is the largest regulatory agency in the federal government.

a. True

b. False

30. United States v. Weitzenhoff was a classic American case that cemented the use of the strict liability criteria for polluters.

a. True

b. False

ESSAY QUESTIONS

1. Compare and contrast the two different standards of proof used in civil law. Provide examples of when each would be required.

2. What is res judicata? How does it relate to double jeopardy and civil law?

3. Identify and define the various types of interest in real property discussed in the text.

4. Identify and discuss the various elements of a valid contract.

5. Discuss the evolution of case law relating to the right to marry by the U.S. Supreme Court.