Term
| The US constitution enumerates the power given to the states |
|
Definition
| False-the US constitution enumerates those powers that are given to the federal government. Those not given to the federal government are retained by the states |
|
|
Term
| The case Brown v. Board of Education demonstrates that the American legal system is primarily concerned with maintaining the status quo |
|
Definition
| False-Brown reversed the decision of separate but equal announced in Plessy V Ferguson. It marked a major change in social and legal policy |
|
|
Term
| The Natural Law School holds that laws must promote the natural law of economic efficiency |
|
Definition
| False-The Natural law school holds that there are certain rights held by all men because they are human . There is a choice between good and evil |
|
|
Term
| The law courts of England could only award money as damages |
|
Definition
|
|
Term
| Only Missisppi follows the civil law tradition in the US |
|
Definition
| False-only Louisiana's legal system is primarily bases on the civil code tradition |
|
|
Term
| A treaty becomes the supreme law of the land as soon as both nations sign it. |
|
Definition
| False-In addition to being signed by both parties, a treaty does not become effective until it is ratified by 2/3 of the Senate. It then is supreme law of the land |
|
|
Term
| One of the purposes of the doctrine stare decisis is to promote uniformity in the law |
|
Definition
| True- By requiring all inferior courts of a jurisdiction to follow the precedents set by higher courts, stare decisis promotes uniformity within that jurisdiction |
|
|
Term
| The first name in a case citation is always the plaintiff |
|
Definition
| False- This is only true at the trial court level. At the appellate level, the named first party is the appellant, who may or may not be the original plaintiff. The appellant is the party who lost the case at the lower level. |
|
|
Term
| A state constitution that conflicts with the US constitution will still be valid in that state |
|
Definition
| False-The US constitution is the supreme law of the land. Anything that conflicts with it be it federal or state law, or a state constitution must fail. |
|
|
Term
| Common Law got its name because it applied to the commoners |
|
Definition
| False-common law got its name because it applied to everyone, thus was common to all the people in the land. Previously, laws were local or regional, not uniform throughout the country. |
|
|
Term
| The declaration most closely follows the ideas of what school of law? |
|
Definition
|
|
Term
| In the case of Standef er v. U.S. the supreme court ruled that because one party was aquitted: |
|
Definition
| has nothing to do with the results of the second trial |
|
|
Term
|
Definition
| law created by judicial decisions |
|
|
Term
| What is a compilation of statutory laws called? |
|
Definition
|
|
Term
| Law in the united states is derived from? |
|
Definition
| court decisions, treaties, administrative rules and regulations, codified law, |
|
|
Term
| A treaty negotiated by the President becomes a part of the Supreme law of the land when it is: |
|
Definition
| ratified by 2/3 of the senate |
|
|
Term
| The case that ended the policy of separate but equal was |
|
Definition
| Brown V The Board of Education |
|
|