Deck 1: Introduction to Legal Principles and Authorities

Question 1

A court of appeals may review new evidence when considering a matter on appeal.

Answer 1

False

Question 2

Decisions of the highest court in a state are examples of common law.

Answer 2

True

Question 3

Administrative law is usually more specific than statutory law.

Answer 3

True

Question 4

If times have changed and there is good reason not to follow a prior decision of a higher court, then a lower court may choose not to follow the precedent of a higher court in the same jurisdiction.

Question 5

The doctrine of stare decisis requires lower courts to follow the decision of a higher court in a jurisdiction in cases involving similar issues and facts.

Question 6

The United States District Courts are the main trial courts in the federal system.

Question 7

For a court opinion to be mandatory authority, it must be on point and it must be written by a higher court in the jurisdiction.

Question 8

Legal dictionaries include definitions of legal terms and commentaries on the definitions.

Question 9

The term case law does not encompass a broader range of law than the term common law .

Question 10

Because of the doctrines of stare decisis and precedent, courts can be relied on to reach the same decision on an issue as earlier courts did when the cases are sufficiently similar.

Question 11

The Restatements of Law is restricted to discussion of a single legal topic.

Question 12

Personal jurisdiction is the extent of a court's authority to hear and resolve specific disputes.

Question 13

Not all primary authority is mandatory authority.

Question 14

The American Law Reports (ALR)is a series of books that contain the text of selected court opinions, along with scholarly commentaries on the opinions.

Question 15

Mandatory authority is a nonlaw source that a court may rely on when reaching a decision.

Question 16

The United States Supreme Court may declare laws enacted by state legislatures unconstitutional.

Question 17

There is no uniform method for citations.

Question 18

Law reviews are usually published by law schools.

Question 19

Secondary authority cannot be mandatory authority.

Question 20

A constitution is not an example of enacted law.

Question 21

When looking for a review of selected court opinions on specific topics and scholarly commentaries on the opinions which option would be used?

A)A legal encyclopedia
B)Restatements of the Law
C)A treatise
D)ALR
E)All of the above

Question 22

The highest court in state B defines the term malice. The highest court in state A looks to the state B definition when defining the term. The state B definition is:

A)Primary authority
B)Persuasive authority
C)Secondary authority
D)Mandatory authority
E)All of the above
F)Answers a and d above
G)Answers a and b above

Question 23

As used in the text, enacted law includes:

A)Regulations adopted by administrative bodies
B)Opinions of the United States Supreme Court
C)Statutes
D)Ordinances
E)All of the above
F)Answers a, b, and c above
G)Answers a, c, and d above

Question 24

Which of the following are courts of limited jurisdiction?

A)United States Tax Court
B)United States District Court
C)State small claims court
D)All of the above
E)Answers a and b above
F)Answers a and c above

Question 25

The highest court in state A decides to adopt the Restatements of the Law definition of malice. Once adopted, the adopted definition is:

A)Secondary authority
B)Persuasive authority
C)Mandatory authority
D)All of the above
E)Answers a and b above
F)Answers a and c above

Question 26

A court of appeals may:

A)Hear new testimony
B)Retry the case
C)Take new evidence
D)Review the record of the trial court
E)All of the above

Question 27

Constitutions:

A)Define the powers of the government
B)Establish the structure of the government
C)Define the rights of the people
D)All of the above
E)Answers a and c above

Question 28

Which of the following is used to obtain a summary of the law?

A)Restatements of the Law
B)A legal encyclopedia
C)A law review article
D)ALR

Question 29

The basic principle that requires a court to follow a previous decision of a higher court, when the current decision involves issues and facts similar to those involved in the previous decision, is the doctrine of:

A)Precedent
B)Concurrent jurisdiction
C)Subject matter jurisdiction
D)Stare decisis
E)None of the above

Question 30

Examples of primary authority are:

A)American Law Reports
B)Ordinances
C)Court opinions
D)Treatises
E)All of the above
F)Answers a, b, and c above
G)Answers b and c above

Question 31

Primary authority is:

A)A nonlaw source that a court may rely on when deciding an issue
B)Authority that a court must rely on when deciding an issue
C)Authority that a court may rely on when deciding an issue
D)The law itself
E)Answers a, b, and c above
F)Answers a and c above

Question 32

When a court in state A looks to a decision of a court in state B when deciding an issue, the decision in state B is:

A)Mandatory authority
B)Concurrent jurisdiction
C)Secondary authority
D)Persuasive authority
E)None of the above

Question 33

In regard to subject matter jurisdiction, the basic types of courts are courts of:

A)Limited jurisdiction
B)Personal jurisdiction
C)Concurrent jurisdiction
D)General jurisdiction
E)All of the above
F)Answers a, c, and d above
G)Answers a and d above

Question 34

When the highest court in state A defines the term malice, all of the courts in state A are bound to follow the highest court's definition of the term. The state A definition is:

A)Primary authority
B)Persuasive authority
C)Secondary authority
D)Mandatory authority
E)All of the above
F)Answers a and d above
G)Answers b and d above

Question 35

The highest legal authority in a jurisdiction is the:

A)Decision of the state supreme court
B)Decision of the United States Supreme Court
C)Laws of the United States Congress
D)Constitution