Deck 3: Sources of the Law Cases

Question 1

According to Justice Marshall, the Constitution is the law of the land due to the powers conferred by the

A) due process clause.
B) Judiciary Act of 1791.
C) Constitutional Convention.
D) supremacy clause.

Answer 1

D

Question 2

A "case of first impression"

A) refers to a case coming to trial, rather than appeal.
B) cannot be appealed.
C) interprets a new statute.
D) presents a novel fact situation.

Answer 2

D

Question 3

Stare decisis is a Latin phrase meaning

A) to look decisively to the root of a legal matter for the intrinsic issues contained.
B) that the court will stand by decided cases of judicial precedent.
C) that a court cannot look beyond the issues presented by the case before it.
D) the judge's icy glare when an attorney makes a frivolous objection.

Answer 3

B

Question 4

Higgins v. Emerson Hospital decided that although the legislature had abolished charitable immunity,

A) the abolition was not retrospective.
B) Colby v. Carney Hospital had already abolished charitable immunity by judicial decision.
C) the legislation did not apply to Higgins because the injury preceded the legislation.
D) Higgins could not recover against the hospital because of Colby .

Question 5

The final authority for interpreting state law is

A) the highest court of the state.
B) the U.S. Supreme Court.
C) Congress.
D) the president.

Question 6

The doctrine of _______ demands that judges interpret rather than create the law.

A) executive privilege
B) privity
C) judicial restraint
D) due process

Question 7

_______ has the characteristics of universal application and future effect.

A) Legislation
B) Adjudication
C) Precedent
D) Dictum

Question 8

The case of Li v. Yellow Cab Co. of California (comparative negligence) is an example of

A) the binding force of stare decisis .
B) judicial deference to statute.
C) judicial restraint.
D) overruling precedent.

Question 9

Obiter dictum is

A) a comment in a judicial decision that goes beyond the issues of the case.
B) binding on all lower courts of the jurisdictions in which it is entered.
C) Daniel Webster's comment when the first woman lawyer was admitted to the New Hampshire Bar.
D) the underlying legal reasoning of the holding of the court.

Question 10

Treatises and restatements are examples of

A) secondary sources of authority.
B) judicial opinions.
C) binding precedent.
D) codification.

Question 11

_______ is not binding upon lower courts.

A) Precedent
B) Stare decisis
C) Obiter dictum
D) The majority opinion

Question 12

A court will give weight to decisions of the highest courts of other states when

A) one of the parties is the citizen of another state.
B) considering a case of first impression.
C) no constitutional issue is raised.
D) federal law is an issue.

Question 13

Scholarly books about the law, or one of its subfields, are known as

A) treatises.
B) restatements.
C) reporters.
D) codes.

Question 14

In United States v. Zhang , the court held that

A) the language of the National Stolen Property Act was broad enough to include intangible property.
B) the history of the National Stolen Property Act showed that Congress meant it to cover tangible and intangible property.
C) the language of the National Stolen Property Act had been amended to cover digital property.
D) the indictment must be dismissed because it did not allege that Zhang stole goods, wares, or merchandise within the meaning of the National Stolen Property Act.

Question 15

The doctrine of judicial restraint

A) allows the Congress to keep the judiciary in check by restraining judges who rule too broadly.
B) encourages judges to interpret rather than make law.
C) forbids judges from participating in the political process.
D) was created by executive privilege.

Question 16

The highest authority on the meaning of the U.S. Constitution is

A) the president.
B) Congress.
C) the U.S. Supreme Court.
D) the U.S. Code.

Question 17

The remarks, opinions, and comments in a decision that exceed the scope of the issues of the case are called

A) non sequiturs .
B) the dissent.
C) treatises.
D) dicta.

Question 18

In Lynch v. Town of Pelham, the court held that

A) it could not rely on the Restatement of Property because it was a secondary source.
B) the trial court was correct that the trustee lacked standing.
C) the trial court's application of Shaff was correct and the Restatement of Property was not authoritative
D) the covenants at issue were covenants in gross and enforceable by the trustee, and that the record established that he had a legitimate interest in enforcing the covenants on behalf of the trust.

Question 19

The common law is

A) unofficial law.
B) law applicable to all American citizens.
C) law created by democratically elected legislators.
D) judge-made law.

Question 20

The principle of _______, or the maxim that a judge is bound by prior decisions, is the basis for the common law.

A) corpus juris
B) precedent
C) strict construction
D) deference to statutes