An Introduction to American Law complete course is currently being offered by University of Pennsylvania through Coursera platform and is taught by Anita Allen, Shyam Balganesh, Stephen Morse, Theodore Ruger, Tess Wilkinson-Ryan & Tobias Barrington Wolff.
About this Course: This course will give you a glimpse into six different areas of American law: Tort Law, Contract Law, Property, Constitutional Law, Criminal Law, and Civil Procedure. You will gain insight into the complexities and dilemmas that arise from the application of law in different settings, and what is distinctive about American approaches.
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An Introduction to American Law Week 1 Quiz Answers!
Tort Law Quiz Answers
Q1. The main goal of tort law is:
- To
provide a private forum of justice for the resolution of contractual
disputes that arise in business and everyday life.
- To
punish individuals charged with violent crimes and property damage.
- To
compensate with money damages victims of injury caused by intentional
wrong-doing, negligence or certain other wrongful conduct
Q2. Under the Massachusetts state court’s ruling in the
historic “fighting dogs” case of Brown v. Kendall (1850):
- A
plaintiff is entitled to compensation if the defendant acted unreasonably.
- A
plaintiff is entitled to recover if the defendant is at fault.
- A
plaintiff who is partly at fault for his or her injury can never recover
damages.
Q3. Negligence is defined in American common law as:
- Failure
to exercise the care of a reasonable person of ordinary prudence under the
circumstance.
- Causing
an accident that seriously injures an innocent person who cannot afford
loss wages, and medical expenses.
- C.
Trying but failing to prevent foreseeable injury to persons or their
property.
Q4. Recognized defenses in a common law tort action do not
include
- Self-defense.
- Defense
of property.
- Honest
mistake of the law.
Q5. Those who manufacture and sell consumer products are
liable for injuries caused by:
- Manufacturing
defects.
- Misuse
of products by well-meaning users.
- Natural
disasters. Correct
Q6. Under the rules of US common law, a stranger who happens
to witness an accidental injury in progress and who is in a position to help:
- Has
a legal obligation to intervene with assistance.
- Has
a legal duty to not get involved, because meddlers can possibly make
things worse for the victim.
- Has
no duty to rescue and is potentially liable for injuries caused in a
botched rescue attempt.
An Introduction to American Law Week 2 Quiz Answers!
Contract Law Quiz Answers
Q1. Some important exchanges unfold over time. How does the
legal enforcement of promises (contract law) facilitate exchange over time?
- Legal
enforcement of promises permits the parties to the contract to make plans
and act in reliance on the deal.
- Legal
enforcement of promises permits the government to monitor long-term
contracts.
- Legal
enforcement of promises permits parties to charge higher prices for their
services.
- Legal
enforcement of promises permits deceptive business practices to be more
easily challenged in court.
Q2. Jane is a carpenter. Caleb asks her if she could build
him a set of shelves. He says he could pay her $300. Jane knows that she won’t
be able to fit his job in, but thinks Caleb will forget about it and so she
agrees and shakes hands. Later, when Caleb reminds her they had a deal, she
disagrees. Under the modern doctrine of assent, who is right and why?
- Caleb
is right that there is mutual assent in this case, because $300 is a fair
price for bookshelves.
- Caleb
is right that there is mutual assent in this case, because both parties
have voluntarily communicated to each other their agreement to the deal.
- Jane
is right that there is no mutual assent in this case because $300 is not a
fair price for bookshelves.
- Jane
is right that there is no mutual assent in this case because she did not
in fact intend to participate in the deal so there was no real meeting of
the minds.
B. The modern doctrine of assent is about what the parties
manifested to one another, not their secret intentions. In this case, Jane
assented when she verbally agreed and shook Caleb’s hands, because those are
actions reasonably interpreted by Caleb as Jane’s agreement to the deal.
Q3. In the famous case of Hamer vs. Sidway, the court
decided that it could enforce an uncle’s promise to give his nephew $5,000 if
the nephew would abstain from drinking, smoking, and gambling. Why is this a
contract with consideration rather than a conditional gift?
- Because
the court found that nephew was better off avoiding alcohol and tobacco than
he would have been if he’d kept drinking and smoking.
- Because
the court found that the uncle wanted to give up money in order to get the
nephew to stop drinking/smoking/gambling, and the nephew stopped those
things in order to get the money, so there was a bargain.
- Because
the court found that the uncle wanted to give his nephew a gift and
thought that his 21st birthday was the right time to give it.
- Because
the court found that an uncle and a nephew can participate in a
contractual exchange even though they are related to each other.
Q4. Imagine that a homeowner makes a contract with a plumber
to fix a burst pipe. The plumber agrees to do the job and they write out a
contract. The homeowner pays up front. The plumber shows up, makes a big mess,
and walks off the job. If the homeowner brought a suit and a court found that
the plumber had breached, what would the court require of the plumber?
- The
plumber would have to go back to the homeowner’s house and clean up the
mess.
- The
plumber would have to go back to the homeowner’s house and clean up the
mess and then fix the pipe.
- The
plumber would have to pay the homeowner for the cost of cleaning up the
mess he had made.
- The
plumber would have to pay the homeowner for the cost of cleaning up the
mess he had made and the cost of getting the pipe fixed.
An Introduction to American Law Week 3 Quiz Answers!
Property Law Quiz Answers
Q1. Which of the following is NOT an essential part of the
American understanding of property law?
- An
identifiable resource
- A
tangible physical object
- A
relationship between individuals
Q2. Which branch of government has been primarily
responsible for the development of American property law?
- The
legislature
- The
executive
- The
judiciary
Q3. What is unique about “American common law” that
distinguishes it from the common law as developed in other countries?
- It
is more “common” and understandable.
- There
are multiple American common laws.
- The
President has a direct role to play in developing American common law.
Q4. What does a Legal Realist approach to property law
entail?
- It
acknowledges that in applying property law to situations, judges make
normative choices.
- It
involves the recognition that property law produces “real” outcomes.
- It
recognizes the property rules can be used to decide cases without any
element of choice.
An Introduction to American Law Week 4 Quiz Answers!
Constitutional Law Quiz Answers
Q1. Judges and others who interpret the meaning of the U.S.
Constitution often examine the following sources to ascertain meaning (choose
all that apply):
- The
text of the operative provisions in the Constitution.
- The
definitions section of the Constitution.
- The
contemporaneous understandings of the men who wrote and ratified the
Constitution in the late 1700s.
- Subsequent
interpretations and practices by major institutional actors over the past
225 years.
Q2. Which of the following exemplifies a debate over
“vertical” separation of powers under the U.S. Constitution’s allocation of
authority:
- Questions
about whether Congress or the President has the power to send the U.S.
military into hostilities abroad.
- A
federal executive branch official refusing to testify before Congress on
the grounds that her information is legally privileged.
- An
argument that a statute passed by Congress is unconstitutional because it
regulates private conduct that does not substantially affect interstate
commerce.
- Arguments
by Supreme Court Justices that Congress has no power to compel them to
televise oral arguments.
Q3. Which of the following is an accurate statement of the
current interpretation of this part of the Constitution’s First Amendment:
“Congress shall make no law . . . abridging the freedom of speech”:
- Government
may never enact a statute that limits or prohibits the flow of information
in any circumstances;
- States,
local governments, and the national government are limited in their
ability to regulate communications;
- Congress
is limited in its ability to regulate speech, but the President is not
under this clause;
- The
national government is limited in its ability to regulate communications,
but this clause does not apply to state and local government.
Q4. Many aspects of the U.S. Constitution have been adopted
by other nations. What is still a unique characteristic of the American
Constitution?
- The
U.S. Constitution is written in a single document.
- The
U.S. Constitution is over 200 years old.
- The
U.S. Constitution is interpreted by an authoritative high court that has
the power to overrule popularly-elected government officials.
- The
U.S. Constitution both protects individual rights and structures the
government and political process.
An Introduction to American Law Week 5 Quiz Answers!
Criminal Law Quiz Answers
Q1. Criminal law is distinctive for which of the following
reasons (choose one)?
- It
is a system of rules that helps us regulate our interpersonal lives.
- The
rules are enforced by the state.
- The
rules establish which forms of conduct violate what we owe each other so
that state imposition of blame, stigma and punishment is justified.
- The
rules give citizens good reasons to behave in desirable ways.
Q2. Which of the following statements is most accurate
concerning the justification of criminal blame and the imposition of punishment
(choose one)?
- Cost
effective crime control is a good justification.
- Criminal
punishment by the state is so painful that it requires powerful
justification.
- Punishing
people in proportion to what they deserve for committing a crime is a good
in itself.
- All
of the above are accurate.
Q3. The fault principle is a cornerstone of the criminal
law. Which of the following statements best describes the fault principle
(choose one)?
- If
a person causes a harm, the person must be at fault and therefore deserves
punishment.
- Fault
is primarily dependent upon the mental states with which the person acted.
- Being
careless is the essence of fault in the criminal law.
- The
criminal law punishes people only when they are at fault for causing some
harm.
Q4. Which of the following statements is most true about the
structure of criminal guilt (choose one)?
- The
defendant will be guilty if the prima facie case is proven by the
prosecution and the defendant has no affirmative defense.
- The
defendant will be not guilty if the prosecution is unable to prove all the
elements of the charged offense.
- The
defendant will be not guilty either if the prosecution is unable to prove
all the elements of the charged offense or if the defendant can establish
an affirmative defense.
- All
of the above statements are true.
An Introduction to American Law Week 6 Quiz Answers!
Civil Procedure Quiz Answers
Q1. Which of the following best describes the Rules Enabling
Act of 1934 and the change that it effectuated in American Civil Procedure?
- This
New York statute was designed to enable litigants to come up with their
own procedures for the resolution of civil disputes, rather than having to
rely upon procedures mandated by the court.
- This
federal statute authorized the promulgation of a body of procedural law
for the federal courts, the Federal Rules of Civil Procedure.
- This
federal statute required federal courts to adhere strictly to the same
procedures that state courts would apply in resolving civil disputes, even
when those procedures varied from state to state.
- This
New York statute was drafted by professor Karl Llewellyn to reform civil
procedure in the courts of New York.
Q2. Bell Atlantic v. Twombly was an antitrust case, but its
holding on pleadings doctrine — the standard used to determine whether a
plaintiff can move forward with her lawsuit based upon the complaint that she
has filed — has been applied in cases having nothing to do with antitrust.
Which of the following best explains this fact?
- Bell
Atlantic v. Twombly was a case about an antitrust conspiracy. Conspiracies
happen in many other areas of law — both civil and criminal — so Twombly’s
substance-specific procedural ruling wound up having broad applicability.
- Because
any Supreme Court opinion on a question of federal law is binding on every
court in the nation, the decision in Bell Atlantic v. Twombly
automatically applied to every other court in every other case.
- Because
of the importance of antitrust law and the specific policies that law was
designed to promote, rulings in antitrust cases have a powerful impact in
other areas of law.
- Federal
procedural rules — including pleading doctrine — generally apply in the
same fashion and employ the same standard in any federal lawsuit, whatever
the nature of the underlying substantive claim.
Q3. What is a class action lawsuit?
- Class
actions enable people to obtain free legal assistance in return for
contributing to the work of an educational institution in providing
interesting classes.
- In
a class action, plaintiffs of a particular economic background assert
claims relating to their class status (working class; white-collar) within
society.
- Class
actions make it possible to enforce small claims on an aggregate basis
where enforcement would be impractical on an individual basis.
- None
of the above .
Q4. What impact does the Federal Arbitration Act have on the
ability of a person to bring a lawsuit in court?
- Under
the Federal Arbitration Act, no contract can require that parties give up
the right to bring a lawsuit in favor of private arbitration.
- Under
the Federal Arbitration Act, when a contract includes a clause saying that
the parties to the contract must pursue any claims they have against each
other in a private arbitration proceeding rather than in court, then that
clause must usually be enforced.
- Under
the Federal Arbitration Act, state law always takes precedence over
federal law. So, if state law says that a party has the right to bring a
lawsuit in court, then that right must be enforced.
- Under
the Federal Arbitration Act, the more vulnerable party to a contract is
always protected from being taken advantage of. So, the Act prevents
corporations and other powerful contract drafters from limiting the access
that individuals have to court.
An Introduction to American Law Week 7 Quiz Answers!
Final Exam Answers!
Q1. Which of the following is an example of American
property law’s pragmatic orientation?
- A
court’s finding of a trespass when someone merely enters onto another’s
property without permission.
- A
court’s interpretation of the law of licenses—as applied to movie theaters
and tickets – according to society’s prevalent understanding of the
permissions afforded to ticket holders.
- A
court’s unwillingness to use the law of licenses to regulate access to
movie theaters and places of entertainment.
Q2. Tort law aims to:
- A.
Deter as well as compensate injury.
- B.
Make society safer and individuals more free.
- Both
options are true.
Q3. When Karl Llewellyn wrote about the importance of
viewing substantive law through the spectacles of procedure, what did he mean?
- Llewellyn
was urging law students to recognize that mastery of procedure is a key
tool for lawyers in securing good outcomes for their clients, and also
that procedure has the capacity to frustrate important substantive
policies altogether if it does not function properly.
- Llewellyn
was writing about class differences in the United States. He was urging law
students to recognize that access to justice frequently depends upon
having a lawyer, so lawyers should commit themselves to providing
representation to under-served communities.
- Llewellyn
was writing about the importance of formalism in legal analysis. He was
using “spectacles” as a metaphor for a scientific instrument and urging
that lawyers approach the law as a set of problems with precise and
knowable scientific answers.
- Llewellyn
was writing about the differences between federal and state courts in our
system of government.
Q4. Which of the following statements accurately describes
the field of Civil Procedure in the United States?
- Civil
Procedure involves the mechanisms by which civil claims (as opposed to
criminal charges) are adjudicated within our courts.
- Civil
Procedure is concerned not only with the formal rules for bringing
lawsuits but also with the impact of those rules on the ability of people
to enforce their rights and gain access to justice.
- Civil
Procedure sometimes overlaps with more “substantive” areas of law, so it
may be necessary to ask how procedural doctrines interface with the
underlying substantive law.
- All
of the above statements are accurate.
Q5. In the famous case of the two Peerless boats, the court
found that the contract the parties had made for cotton delivered on the ship
Peerless was void. Why?
- The
parties each had something different in mind—a different ship—and there
was no way in which either party was being more objectively reasonable.
- The
parties each had secret intentions that they chose not to reveal to one
another, leading to a case of promissory fraud.
- The
parties were not actually embarking on sea voyages themselves.
- Only
one of the Peerless boats was carrying cotton, and it was the wrong ship.
Q6. Which of the following statements about justifications
and excuses is most true (choose one)?
- Justifications
and excuses both address questions of why someone seemed to violate the
law, even if they intentionally caused harm.
- Justifications
generally require only that the defendant honestly (actually) believed
that there was a good reason to act as the defendant did, even if that
belief was not reasonable.
- Excuses
are valid because in cases of excuse the defendant did not intentionally
harm someone.
- Lack
of free will is the basis for both justifications and excuses.
Q7. Which of the following distinguish American contract law
from civil law contracts doctrines?
- American
contract law requires consideration to enforce promises.
- American
contract law requires assent to impose any liability.
- American
contract law rarely regulates the content of contractual terms.
- All
of the above.
Q8. The United States declared independence from Great
Britain in 1776, and created an initial constitution, called the Articles of
Confederation, soon thereafter. Why did leaders of the new nation come back to
Philadelphia in 1787 for another constitutional convention to draft a new
document?
- A.
They wanted to explore an arrangement whereby they would rejoin a
confederation led by Great Britain.
- B.
The national government under the Articles of Confederation lacked
essential powers.
- C.
The Articles of Confederation insufficiently protected individual rights
and freedoms.
- D.
Leaders from southern states were concerned about northern efforts to
abolish slavery, and wanted a document to protect their interests.
Q9. When the doctrine of res ipsa loquitur applies
- “the
thing speaks for itself” and plaintiffs can more easily meet the
evidentiary burden of proof by a preponderance of the evidence.
- “
the employer is responsible “ and defendants can sue employers for
injuries committed by their employees in the scope of employment”.
- the
burden of proof shifts from the “preponderance of the evidence” standard
to a “ clear and convincing evidence” standard.
Q10. The United States has long been a regime of strong
judicial review, where the U.S. Supreme Court has the authority to declare the
meaning of the Constitution, even in cases where the President and/or Congress
disagree and even where the Court’s rulings have the effect of invalidating the
actions of the President and/or Congress. What variable is most responsible for
the Supreme Court’s authority in this area?
- The
text of Article III in the Constitution, which establishes the judicial
branch.
- The
fact that the justices of the Supreme Court have life tenure.
- The
fact that over time various Presidents, members of Congress, and the
broader public have come to recognize and accept the Supreme Court’s
preeminent interpretive authority.
Q11. The sentence that a convicted defendant receives is of
the utmost importance to the defendant, to the criminal justice system, and to
society at large. Which of the following statements about sentencing is most
true (choose one)?
- Sentences
are based only on their effectiveness at crime control.
- Sentences
are quite uniform throughout the United States.
- Compared
to the prison sentences other western developed nations impose on
defendants for various crimes, prison sentences in the United States tend
be considerably longer.
- Except
for capital sentencing, juries decide how much sentence the defendant
should receive.
Q12. Which of the following is the most distinctive feature
of American property law?
- Its
Legal Realist dimension.
- Its
reliance on the common law.
- Its pragmatic orientation.
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