US Legal System – Legal Studies Course

US Legal System Legal Studies Capstone Course

This lesson is about the US legal system.


The US legal system is classified as a _____________ system.

civil law

common lawCorrect

English law

martial law


In a civil law system, cases are _____________ relied upon in court.

often

never

sometimes

rarelyCorrect!


In the U.S., most law schools use the _________ method of teaching.

experiential

examination

SocraticCorrect!

lecture


A system of dual courts is referred to as _____________.

socialism

nationalism

federalismCorrect!

dualism


A federal trial court is known as a ______________ Court.

US

Question of Fact

Circuit

DistrictCorrect!


The Supreme Court always sits “en banc” with ___________________________.

all nine judges presentCorrect!

at least three judges present

a majority of judges present

at least five judges present


Indiana’s court structure mirrors the federal system.

TrueCorrect!

False


The landmark case Marbury v. Madison established the concept of judicial review.

TrueCorrect!

False


The Supreme Court only decides cases and controversies, but will not give legal opinions.

TrueCorrect!

False


The Seventh Amendment entitles everyone to a jury trial.

True

FalseCorrect!


M06: Contracts 

The difference between compensatory damages and restitution damages is:

None of the above statements is accurate.

Compensatory damages focus on what the defendant gained from the plaintiff; restitution damages focus on what the plaintiff lost.

Compensatory damages focus on what the plaintiff lost; restitution damages focus on what the defendant gained from the plaintiff.

Compensatory damages seek to compensate; restitution damages seek to restore. – Correct!


Builder contracts with Owner to construct a garage on Owner’s property for a price of $10,000. Assume that Owner commits a total breach of the contract at a point when Builder already has incurred costs of part performance of $3,000, and Builder would have to spend another $6,000 to finish the job. Builder is entitled to a recovery of:

$3000

$1000

$6000

$4000Correct!

$10,000 – 6,000 = 4,000.


Duress probably exists when:

an employee is told by a supervisor to buy company stock or be fired.Correct!

a man sells his house to pay for his wife’s funeral.

a gas station requires payment before putting gas in customers’ cars.

a school withholds a student’s diploma until his tuition is paid.


Legal grounds to rescind a contract may include:

mistake.

all of these.Correct!

duress.

misrepresentation.


Andrew leaves his automobile, a 1951 Chevrolet, with the Metro Garage for minor repairs. The car was a gift to Andrew from his parents when he graduated from college. Andrew has taken excellent care of the car, it has very low mileage, and it means a great deal to him now that both of his parents have died. The car is destroyed in an accidental fire at the Metro Garage. In a suit against the Metro Garage, what will Andrew be able to recover?

The market value of the car plus punitive damages.

The market value of the car plus mental anguish.

Nothing, since a bailment contract existed between Andrew and Metro Garage.

The market value of the carCorrect!


A counteroffer serves as rejection of the original offer.

TrueCorrect!

False


An offer creates a power of acceptance in the offeree and a corresponding liability on the part of the offeror

TrueCorrect!

False


A woman, who is going to Europe for two years, contracts for the care of her car while she is gone. She agrees in writing to pay a man $500 to wax the car once every four months during her absence. This is a binding contract.

TrueCorrect!

False


Cora promises to buy certain goods from Rick “only if I (Cora) take my son into the business.” Valid consideration exists.

True

FalseCorrect!


Express contracts are formed by manifestations of assent other than oral or written language.

True

FalseCorrect!


M07: Torts 

A plaintiff must be aware of the contact at the time it occurs for the defendant to be liable for

assault.Correct!

battery.

both assult and battery.

neither assult nor battery.


Consent cannot

be given by someone who is incompetent or incapable of giving consent.Correct!

be inferred from custom.

be implied in an emergency situation.

all of these.


To be liable for an intentional tort, a tortfeasor must intend to harm the plaintiff.

True

FalseCorrect!


The question of duty

is a threshold question.Correct!

arises only if there is a direct relationship between the plaintiff and the defendant.

bears no relationship to whether the defendant could reasonable foresee that the plaintiff would be endangered.

all of these.


Those who are general held to the standard of care of a reasonable person include

people who are of substandard intelligence.

intoxicated people.

people who are emotionally unstable.Correct!

all of these.


Proximate cause

is a policy question.Correct!

is a question only the judge can answer.

is an easy question for courts to answer.

all of these.


General damages are unique to the plaintiff.

True

FalseCorrect!


Punitive damages are designed to punish defendants.

TrueCorrect!

False


Strict liability is synonymous with absolute liability.

True

FalseCorrect!


A defendant is not strictly liable for harm that occurs as a result of a risk that is not the kind of risk that makes the activity dangerous.

TrueCorrect!

False


M09: Property 

A document that transfers legal title of real property from one party to another is a

deed.Correct!

land contract.

mortgage.

bill of sale.


“Property” can be defined as

All of theseCorrect!

land.

tangible objects.

stocks.


Adverse possession requires that the adverse party be using the property continuously.  This means that they must

regularly use the property.Correct!

never leave the property for extended periods of time.

live on the property.

have been seen on the property at least one per week for the period of possession.


Under the Fifth Amendment, the government can take property for public use.

TrueCorrect!

False


When the federal government exercises its eminent domain power, it must initiate the proceeding in the appropriate state court.

True

FalseCorrect!


Property has its origins in common law and is governed by state statues and state case law.

TrueCorrect!

False


A “regulatory taking” is one where the government creates regulations on the property so extensive as to deprive the owner of an economically viable use of the property.

TrueCorrect!

False


The government cannot seize property in furtherance of its “police powers.”

True

FalseCorrect!


The effort required to chase and pursue an animal can result in legal title.

True

FalseCorrect!


You have a property interested in your degree from Ivy Tech, should you pass this course.

TrueCorrect!

False


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