Test Bank for Introduction To Law , 6th Edition

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Test Bank
for
Introduction to Law
Sixth Edition
Joanne Banker Hames
DeAnza Community College
Yvonne Ekern
Santa Clara University, School of Law

iv
CONTENTS
TestBank Word Exports
Chapter 1: Introduction to Law 57
Chapter 2: The U.S. Legal System 70
Chapter 3: The Courts and Legal Personnel 85
Chapter 4: Finding the Law: Legal Research 99
Chapter 5: Using the Law: Legal Analysis and Writing 113
Chapter 6: Constitutional Law 128
Chapter 7: Tort Law 144
Chapter 8: Family Law 158
Chapter 9: Estate Planning: Wills, Trusts, and Probate 172
Chapter 10: Contract and Property Law 187
Chapter 11: The Business Environment 202
Chapter 12: Civil Procedure Before Trial 216
Chapter 13: Alternative Dispute Resolution 231
Chapter 14: Criminal Practice: Criminal Law and Juvenile Law 246
Chapter 15: Criminal Procedure before Trial 260
Chapter 16: Rules of Evidence 275
Chapter 17: The Trial 289
Chapter 18: Alternative Dispute Resolution 304

57
TESTBANK
Introduction to Law, 6e (Hames/Ekern)
Chapter 1 Introduction to Law
1.1 Multiple-Choice Questions
1) Which of the following refers to a set of rules and procedures usually intended to regulate
some aspect of society?
A) Code
B) Law
C) Precedent
D) Rule
Answer: B
Page Ref: 2
Objective: Define the term law.
Level: Basic
2) Which of the following refers to a legal system based primarily on written constitutions
and written laws or codes?
A) Civil law
B) Common law
C) Precedent law
D) Stare decisis
Answer: A
Page Ref: 3
Objective: Explain the basic concepts of a civil law legal system.
Level: Basic
3) Which of the following refers to a body of law developed through the courts?
A) Code
B) Civil law
C) Common law
D) Precedent
Answer: A
Page Ref: 3
Objective: Explain the basic concepts of a common law legal system.
Level: Basic
4) Which of the following refers to an example set by the decision of an earlier court for
similar cases or similar legal questions that arise in later cases?
A) Code
B) Precedent
C) Standard
D) None of the above
Answer: B
Page Ref: 3
Objective: List some of the historical origins of law.
Level: Basic

58
5) Which of the following refers to the study of the philosophy of law?
A) Jurisprudence
B) Legal positivism
C) Legal realism
D) Legal negativism
Answer: A
Page Ref: 4
Objective: List and describe three major philosophical theories of law.
Level: Basic
6) Which of the following refers to a philosophical theory holding that law reflects the moral
and unchangeable laws of nature?
A) Jurisprudence
B) Natural theory of law
C) Legal positivism
D) Legal Realism
Answer: A
Page Ref: 4
Objective: List and describe three major philosophical theories of law.
Level: Basic
7) Which of the following refers to a philosophical theory holding that the validity of law is
not related to morality?
A) Jurisprudence
B) Natural theory of law
C) Legal positivism
D) Legal Realism
Answer: C
Page Ref: 4
Objective: List and describe three major philosophical theories of law.
Level: Basic
8) Which of the following refers to a philosophical theory that laws are created by judges and
therefore subject to individual beliefs and prejudices?
A) Jurisprudence
B) Natural theory of law
C) Legal positivism
D) Legal Realism
Answer: D
Page Ref: 4
Objective: List and describe three major philosophical theories of law.
Level: Basic

59
9) Which of the following refers to a method for categorizing or classifying laws?
A) Whether the law is constitutional law, statutory law or case law
B) Whether the law is substantive or procedural
C) Whether the law is criminal or civil
D) All of the above
Answer: D
Page Ref: 4
Objective: List three important categories of law.
Level: Basic
10) Which of the following refers to a non-contractual civil wrong?
A) Tort
B) Offense
C) Fault
D) Regulation
Answer: A
Page Ref: 4
Objective: List three important categories of law.
Level: Basic
11) Which of the following define the rights and duties of parties and establish the legal
bases for any lawsuit?
A) Procedural laws
B) Basic laws
C) Fundamental laws
D) Substantive laws
Answer: D
Page Ref: 5
Objective: Explain the purpose of substantive laws.
Level: Basic
12) Which of the following relate to the enforcement of the substantive rights and duties?
A) Procedural laws
B) Basic laws
C) Fundamental laws
D) Substantive laws
Answer: A
Page Ref: 5
Objective: Explain the purpose of procedural laws.
Level: Basic

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60
13) Which of the following refers to the procedural rules adopted by all courts regulating
practice in the court?
A) Due process of court
B) Jurisdiction
C) Rules of court
D) None of the above
Answer: C
Page Ref: 6
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Basic
14) Which of the following refers to the power of authority to act in a certain situation; the
power of a court to hear cases and render judgements?
A) Due process of law
B) Jurisdiction
C) Rules of court
D) All of the above
Answer: B
Page Ref: 6
Objective: Explain the purpose of procedural laws.
Level: Basic
15) Which of the following refers to an act in violation of a criminal statute?
A) Indigent
B) Crime
C) Act
D) All of the above
Answer: B
Page Ref: 8
Objective: Provide examples of substantive criminal laws and substantive civil laws.
Level: Basic
16) Which of the following refers to the amount of proof necessary for most civil cases?
A) Preponderance of the evidence
B) Beyond a reasonable doubt
C) Burden of proof
D) Probable cause
Answer: A
Page Ref: 8
Objective: Provide examples of substantive criminal laws and substantive civil laws.
Level: Basic

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61
17) Which of the following refers to the amount of proof necessary for conviction in a
criminal case?
A) Preponderance of the evidence
B) Beyond a reasonable doubt
C) Burden of proof
D) Probable cause
Answer: A
Page Ref: 8
Objective: Provide examples of substantive criminal laws and substantive civil laws.
Level: Basic
18) Which of the following refers to a finding of responsibility in a civil case?
A) Accountable
B) Responsible
C) Guilty
D) Liable
Answer: D
Page Ref: 8
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Basic
19) Which of the following refers to a finding of not guilty in a criminal case?
A) Nolo contender
B) Innocent
C) Hung jury
D) Acquittal
Answer: D
Page Ref: 8
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Basic
20) Which of the following refers to a summary of a Supreme Court case written by the
reporter of decisions?
A) Writ
B) Case law
C) Brief
D) Syllabus
Answer: D
Page Ref: 10
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Basic

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62
1.2 True/False Questions
1) A set of rules and procedures usually intended to regulate some aspect of society is known
as law.
Answer: TRUE
Page Ref: 2
Objective: Define the term law.
Level: Basic
2) The origins and development of laws and legal systems are rarely based on the actions of
government and religion.
Answer: FALSE
Page Ref: 3
Objective: List some of the historical origins of law.
Level: Basic
3) The term "common law," as used to describe a legal system, refers to a system based
primarily on written constitutions and written laws or codes.
Answer: FALSE
Page Ref: 3
Objective: Explain the basic concepts of a civil law legal system.
Level: Basic
4) Civil law is a body of laws developed through the courts.
Answer: FALSE
Page Ref: 3
Objective: Explain the basic concepts of a common law legal system.
Level: Basic
5) Common law systems are those based on the concept of precedent or stare decisis.
Answer: TRUE
Page Ref: 3
Objective: List some of the historical origins of law.
Level: Basic
6) Natural theory of law is a philosophical theory holding that law reflects the moral and
unchangeable laws of nature.
Answer: TRUE
Page Ref: 4
Objective: List and describe three major philosophical theories of law.
Level: Basic

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63
7) Legal positivism is a philosophical theory holding that the validity of law is not related to
morality.
Answer: TRUE
Page Ref: 4
Objective: List and describe three major philosophical theories of law.
Level: Basic
8) Legal realism is a philosophical theory that laws are created by judges and therefore
subject to individual beliefs and prejudices.
Answer: TRUE
Page Ref: 4
Objective: List and describe three major philosophical theories of law.
Level: Basic
9) Laws are categorized in one way: whether the law is constitutional law, statutory law, or
case law.
Answer: FALSE
Page Ref: 4
Objective: List three important categories of law.
Level: Basic
10) Procedural laws define the rights and duties of parties and establish the legal basis for
any lawsuit.
Answer: FALSE
Page Ref: 5
Objective: Explain the purpose of substantive laws.
Level: Basic
11) Substantive laws relate to the enforcement of the substantive rights and duties.
Answer: FALSE
Page Ref: 5
Objective: Explain the purpose of procedural laws.
Level: Basic
12) Crimes define behavior that society has declared illegal and has decided to punish.
Answer: TRUE
Page Ref: 5
Objective: Provide examples of substantive criminal laws and substantive civil laws.
Level: Basic
13) Rules of court are laws that are adopted by various courts with power given to the courts
by the legislature.
Answer: TRUE
Page Ref: 6
Objective: Provide examples of substantive criminal laws and substantive civil laws.
Level: Basic
14) Defendants have a right to due process of law.

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64
Answer: TRUE
Page Ref: 6
Objective: Provide examples of substantive criminal laws and substantive civil laws.
Level: Basic
15) Jurisdiction is defined as the power or authority to act in a certain situation; the power of
a court to hear cases and render judgments.
Answer: TRUE
Page Ref: 6
Objective: Provide examples of substantive criminal laws and substantive civil laws.
Level: Basic
16) Beyond a reasonable doubt is defined as the amount of proof necessary for most civil
cases; more likely than not.
Answer: FALSE
Page Ref: 8
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Basic
17) Preponderance of the evidence is defined as the amount of proof necessary for a
conviction in a criminal case.
Answer: FALSE
Page Ref: 8
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Basic
18) An acquittal is a finding of not guilty in a criminal case.
Answer: TRUE
Page Ref: 8
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Basic
19) A hung jury is a jury that cannot attain the necessary consensus or majority to reach a
verdict.
Answer: TRUE
Page Ref: 8
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Basic
20) In a criminal case, the defendant is always the representative of the government.
Answer: FALSE
Page Ref: 8
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Basic

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65
1.3 Fill in the Blank Questions
1) ________ refers to rules created and enforced by federal, state, and local governments.
Answer: Law
Page Ref: 2
Objective: Define the term law.
Level: Basic
2) Historically, the two major types of legal systems that developed were civil law systems
and ________ systems.
Answer: common law
Page Ref: 3
Objective: List some of the historical origins of law.
Level: Basic
3) The legal system based primarily on written constitutions and written laws or codes is
known as a(n) ________ system.
Answer: civil law
Page Ref: 3
Objective: Explain the basic concepts of a civil law legal system.
Level: Basic
4) Common law systems are based on the concept of ________ or "stare decisis."
Answer: precedent
Page Ref: 3
Objective: Explain the basic concepts of a common law legal system.
Level: Basic
5) The philosophical theory of law that holds that law reflects the moral and unchangeable
laws of nature is known as the ________ theory of law.
Answer: natural
Page Ref: 4
Objective: List and describe three major philosophical theories of law.
Level: Basic
6) The philosophical theory of law that holds that the validity of law is not related to morality
is known as legal ________.
Answer: positivism
Page Ref: 4
Objective: List and describe three major philosophical theories of law.
Level: Basic

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66
7) One of the ways that laws are ________ is whether the law is constitutional law, statutory
law, or case law.
Answer: categorized/classified
Page Ref: 4
Objective: List three important categories of law.
Level: Basic
8) Laws that define the rights and duties of parties and establish the legal basis for any
lawsuit are known as ________ laws.
Answer: substantive
Page Ref: 5
Objective: Explain the purpose of substantive laws.
Level: Basic
9) Laws that relate to the enforcement of the substantive rights and duties are known as
________ laws.
Answer: procedural
Page Ref: 5
Objective: Explain the purpose of procedural laws.
Level: Basic
10) If the court finds against the defendant in a civil case, the defendant is said to be
________.
Answer: liable
Page Ref: 8
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Basic
1.4 Matching Questions
Match the following.
A) The example set by the decision of an earlier court for similar cases or similar legal
questions that arise in later cases.
B) A legal system based on written laws or codes.
C) A philosophical theory holding that the validity of law is not related to morality.
D) The power or authority to act in a certain situation; the power of a court to hear cases and
render judgments.
E) The amount of proof necessary for a conviction in a criminal case.
F) The amount of proof necessary for most civil cases; more likely than not.
G) A topical organization of statutes.
H) Procedural rules adopted by all courts regulating practice in the court.
I) A philosophical theory that laws are created by judges and therefore subject to individual
beliefs and prejudices.
J) A body of law developed through the courts.
1) Civil law

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67
Page Ref: 3
Level: Basic
2) Common law
Page Ref: 3
Level: Basic
3) Code
Page Ref: 3
Level: Basic
4) Precedent
Page Ref: 3
Level: Basic
5) Legal positivism
Page Ref: 4
Level: Basic
6) Legal realism
Page Ref: 4
Level: Basic
7) Rules of court
Page Ref: 6
Level: Basic
8) Jurisdiction
Page Ref: 6
Level: Basic
9) Preponderance of the evidence
Page Ref: 8
Level: Basic
10) Beyond a reasonable doubt
Page Ref: 8
Level: Basic
Answers: 1) B 2) J 3) G 4) A 5) C 6) I 7) H 8) D 9) F 10) E
1.5 Essay Questions
1) Identify and discuss two examples of historical origins of a civil law legal system.
Answer: [key points to be made]
Answers will vary, but may include:
• Code of Hammurabi
• Napoleonic Code

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68
Page Ref: 3
Objective: List some of the historical origins of law.
Level: Intermediate
2) Compare and contrast civil law and common law legal systems.
Answer: [key points to be made]
• The term civil law as used to describe a legal system refers to a system based primarily on
written constitutions and written laws or codes. In such legal systems, a ruler or legislative
body creates an extensive set of rules or regulations to govern. The role of courts in such
systems is limited.
• Common law systems, on the other hand, are based on precedent or case law.
Page Ref: 3
Objective: Explain the basic concepts of a civil law legal system. Explain the basic concepts
of a common law legal system.
Level: Intermediate
3) Identify and discuss the three major philosophical theories of law.
Answer: [key points to be made]
• Legal positivism is a philosophical theory holding that the validity of law is not related to
morality.
• Natural theory of law is a philosophical theory holding that law reflects the moral and
unchangeable laws of nature.
• Legal realism is a philosophical theory that laws are created by judges and therefore
subject to individual beliefs and prejudices.
Page Ref: 4
Objective: List and describe three major philosophical theories of law.
Level: Intermediate
4) Identify and discuss the three important ways used for categorizing laws.
Answer: [key points to be made]
• Whether the law is constitutional law, statutory law, or case law
• Whether the law is substantive or procedural and
• Whether the law is criminal or civil.
Page Ref: 4
Objective: List three important categories of law.
Level: Intermediate
5) Define "burden of proof" and then compare and contrast the burden of proof in criminal
and civil cases.
Answer: [key points to be made]
• Burden of proof is the necessity of establishing a particular fact or the necessity of going
forward with the evidence.
• Preponderance of the evidence is the amount of proof necessary for most civil cases;
more likely than not.
• Beyond a reasonable doubt is the amount of proof necessary for a conviction in a
criminal case.
Page Ref: 8
Objective: Compare and contrast procedures in a criminal case with procedures in a civil

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69
case.
Level: Intermediate
1.6 Critical Thinking Questions
1) Does a civil law legal system or a common law legal system provide greater fairness for
the average citizen? Why?
Answer: Answers will vary.
Objective: Explain the basic concepts of a civil law legal system. Explain the basic concepts
of a common law legal system.
Level: Intermediate
2) Why is the burden of proof different in criminal and civil cases? Should the burden of
proof be raised in civil cases or lowered in criminal cases to make them equal? Explain.
Answer: Answers will vary.
Objective: Compare and contrast procedures in a criminal case with procedures in a civil
case.
Level: Intermediate

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