Exam D2302 sem 2

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

Which branch of government has been primarily responsible for developing American property law?

• The legislature

• The executive

• The judiciary

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.

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.

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.

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.

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.

How is property law differentiated from tort and contract law?

• Property law deals with criminal offenses, unlike tort and contract law

• Property law governs relationships between individuals and things, whereas tort and contract law govern interpersonal obligations

• Property law is solely concerned with real estate transactions

• Property law is more flexible than tort and contract law

What is the primary focus of property law?

• Regulating business transactions

• Governing relationships between individuals and property

• Establishing criminal penalties

• Outlining constitutional rights

What distinguishes the U.S. Constitution from many other constitutions worldwide?

• It is the longest constitution in the world

• It is unwritten and based solely on tradition

• It is a concise, written document with a long history of interpretation

• It grants unlimited powers to the federal government