Deck 1: Introduction to Law and Legal Reasoning

Question 1

State agency regulations take precedence over conflicting federal agency regulations.

Answer 1

False

Question 2

No state has adopted the Uniform Commercial Code in its entirety.

Answer 2

False

Question 3

Common law is a term for the laws that are familiar to most of us.

Answer 3

False

Question 4

A state law that conflicts with the U.S. Constitution will be deemed unconstitutional.

Question 5

Uniform laws apply in all states, including those in which the laws have not been adopted.

Question 6

Congress can only pass legislation that falls within the limits set up by the U.S. Constitution.

Question 7

How judges apply the law to specific disputes may depend in part on their personal philosophical views.

Question 8

Equity is a branch of unwritten law that seeks to supply remedies other than damages.

Question 9

Whether a law is constitutional depends on its source.

Question 10

The stability and predictability of the law is essential to busi?ness activities.

Question 11

Constitutional law includes only the U.S. Constitution.

Question 12

The Federal Trade Commission developed the Uniform Commercial Code.

Question 13

The U.S. Constitution is the supreme law of the United States.

Question 14

A state constitution is supreme within the state's borders.

Question 15

The basis for the U.S. legal system is natural law.

Question 16

A judge's view of the law is of little importance in a common law legal system.

Question 17

Each state has its own constitution.

Question 18

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

Question 19

Statutory law does not include county ordinances.

Question 20

An important function of the law is to provide jurisprudence.

Question 21

Common law is a term for law that is common throughout the world.

Question 22

Most state trial court decisions are not published.

Question 23

A court may depart from a precedent if the precedent is no longer valid in view of changed technology.

Question 24

A substantive law creates or defines legal rights and obligations.

Question 25

Equitable remedies include injunctions and decrees of specific performance.

Question 26

In most states, the courts no longer grant "equitable" remedies.

Question 27

A decision on a given issue by a court is not binding on an inferior court.

Question 28

Criminal law focuses on duties that exist between persons.

Question 29

Damages is a remedy at law.

Question 30

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

Question 31

Courts often rely on the common law as a guide to interpreting legislation.

Question 32

In most states, the courts no longer grant "legal" remedies.

Question 33

A court's direction to a party to stop doing a particular act is a rescission.

Question 34

A plaintiff is a person against whom a lawsuit is brought.

Question 35

A reference to "28 U.S.C. Section 1332" means that a statute can be found in section 1332 of title 28 of the United States Code.

Question 36

Common law is no longer a source of legal authority.

Question 37

Courts do not depart from precedents.

Question 38

Rules and regulations adopted by federal administrative agencies are compiled in the Code of Federal Regulations.

Question 39

A defendant is a person against whom a lawsuit is brought.

Question 40

How the courts interpret a statute determines how that statute is applied.

Question 41

To Pete, the written law of a particular society at a particular time is most signifi?cant. Pete is

A) a legal positivist.
B) a legal rationalist.
C) a legal realist.
D) a person who adheres to the natural law tradition.

Question 42

In a suit against Clem, Dona obtains the cancellation of a contrac?tual obligation. This is

A) an injunction.
B) damages.
C) rescission.
D) specific performance.

Question 43

Owen is a federal judge whose judicial decisions are part of case law, which includes interpretations of

A) administrative regulations only.
B) constitutional provisions only.
C) statutes only.
D) administrative regulations, constitutional provisions, and statutes.

Question 44

If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution

A) neither provision applies.
B) the provisions are balanced to reach a compromise.
C) the state constitution takes precedence.
D) the U.S. Constitution takes precedence.

Question 45

The U.S. Congress enacts a new federal statute that sets different stan?dards for the liability of businesses selling defective products. This statute applies

A) only to matters not covered by state law.
B) only to those states that adopt the statute.
C) to all of the states.
D) to none of the states.

Question 46

Holly is a state court judge. Ilsa appears in a case in Holly's court, claim?ing that Jim breached a contract. As in most state courts, Holly may

A) award damages, cancel a contract, or direct a party to do or not to do an act.
B) award damages only.
C) cancel a contract only.
D) direct a party to do or not to do a particular act only.

Question 47

In a suit against Kit, Leo obtains specific performance. This is

A) an equitable remedy and a remedy at law.
B) an equitable remedy only.
C) a remedy at law only.
D) neither an equitable remedy nor a remedy at law.

Question 48

Under Ohio's state constitution, the Ohio Environmental Protection Agency issues a new rule, the Polk County Commission approves a new property tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. Sources of law do not include

A) the measures approved by local governing bodies.
B) the results of legal scholars' research.
C) the rules issued by state administrative agencies.
D) the states' constitutions.

Question 49

Hawaii enacts a state law that violates the U.S. Constitution. This law can be enforced by

A) no one.
B) the federal government only.
C) the state of Hawaii only.
D) the United States Supreme Court only.

Question 50

Great Internet, Inc. (GII), is an Internet service provider. GII's tech support employees are on strike. Six of the workers are blocking GII's door. To get them away from the door, GII should obtain

A) a decree of specific performance.
B) an award of damages.
C) an injunction.
D) a rescission.

Question 51

The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute

A) administrative law.
B) case law.
C) stare decisis.
D) statutory law.

Question 52

In an action against Elin, Frank obtains a remedy. This is

A) an administrative agency's enforcement of its rule.
B) a principle of the law derived from earlier court cases.
C) a statute enacted by a state legislature or Congress.
D) the legal means to recover a right or to redress a wrong.

Question 53

As a judge, Nina decides cases that involve principles of various sources of law. Common law is

A) administrative law.
B) case law.
C) civil law.
D) statutory law.

Question 54

As a judge, Jay applies common law rules. These rules develop from

A) decisions of the courts in legal disputes.
B) regulations issued by administrative agencies.
C) statutes enacted by Congress and the state legislatures.
D) uniform laws drafted by legal scholars.

Question 55

Gary is a state court judge. In his court, as in most state courts, he may grant

A) equitable and legal remedies.
B) equitable remedies only.
C) legal remedies only.
D) neither equitable nor legal remedies.

Question 56

The Federal Trade Commission is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts stat?utes. The Jackson County Board and the Peach City Council enacts or?dinances. Administrative law includes

A) all law that affects a business's operation.
B) the rules, orders, and decisions of the Federal Trade Commission.
C) statutes enacted by the Georgia state legislature.
D) ordinances created by the Jackson County Board and the city coun?cil of Peach City, Georgia.

Question 57

The United States has a common law system. The common law began as

A) components of the Roman civil law.
B) principles codified by continental European nations.
C) rules applied in the courts throughout England.
D) standards imposed within small pagan communities and tribes.

Question 58

The Securities Exchange Commission is an administrative agency. The chief purpose of such agencies is to

A) act as liaisons between federal and state governments.
B) impose uniform laws on the states.
C) perform specific government functions.
D) standardize laws for the executive and judicial branches.

Question 59

John is a judge. The function of John and other judges is to

A) decide cases on the basis of their opinions about the issues.
B) decide cases on the basis of their personal philosophical views.
C) interpret and apply the laws.
D) make the laws.

Question 60

Mary is a consultant to the National Conference of Commissioners on Uniform State Laws. This organization

A) adopts uniform laws for the states.
B) applies uniform laws to the states.
C) drafts uniform laws for adoption by the states.
D) imposes uniform laws on the states.

Question 61

A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply

A) a common law doctrine that applied before the statute was enacted.
B) a common law doctrine that applies to other, different practices.
C) Paula's personal philosophy of law.
D) the statute.

Question 62

During a sports event for East High School, Floyd, a senior, waves a sign that reads, "Meth'd Up!" Gina, East's principal, confiscates the sign and suspends Floyd from school for ten days. Under the principles discussed in "A Sample Court Case," Morse v. Frederick, Gina most likely acted

A) in violation of Floyd's rights under the First Amendment.
B) reasonably in confiscating the sign but not in suspending Floyd.
C) reasonably in suspending Floyd but not in confiscating the sign.
D) reasonably in the circumstances and under the law.

Question 63

Net Corporation files a suit against Omega, Inc., alleging that Omega breached a contract to sell Net a computer system for $100,000. Net is

A) the appellant.
B) the appellee.
C) the defendant.
D) the plaintiff.

Question 64

Fact Pattern 1-A1
The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, six believe the judgment should be in National's fa?vor. Justice Peel, one of the six, writes a separate opinion. The four justices who believe the judgment should be in Overseas's favor join in a third separate opinion.
Refer to Fact Pattern 1-A1. Peel's opin?ion is known as

A) a concurring opinion.
B) a dissenting opinion.
C) a majority opinion.
D) a propounding opinion.

Question 65

Quinn is a state court judge. In the case of Regal Products, Inc. v. Superior Manufacturing Co., Quinn establishes a logical relationship by comparing the facts in the case to the facts in other cases and, to the ex?tent the facts are similar, applies the same rule. This is

A) deductive reasoning.
B) faulty reasoning.
C) linear reasoning.
D) reasoning by analogy.

Question 66

In Abel v. Baker, a state supreme court held that a minor could cancel a con?tract for the sale of a car. Now a trial court in the same state is decid?ing Charles v. Delta, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

A) allow the minor to cancel the contract.
B) disregard the previous case.
C) order the minor to cancel the contract.
D) require the minor to fulfill the contract.

Question 67

Fact Pattern 1-A1
The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, six believe the judgment should be in National's fa?vor. Justice Peel, one of the six, writes a separate opinion. The four justices who believe the judgment should be in Overseas's favor join in a third separate opinion.
Refer to Fact Pattern 1-A1. These opinions are collected and published in volumes called

A) citations.
B) codes.
C) regulations.
D) reporters.

Question 68

Civil law is concerned with disputes between persons and

A) other persons and between citizens and their governments.
B) other persons and between persons and the public as a whole.
C) other persons only.
D) the public as a whole only.

Question 69

Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by

A) all courts.
B) courts of lower rank only.
C) that court and courts of lower rank.
D) that court only.

Question 70

In a suit against Sandy, Tyler obtains a remedy. In the U.S. legal system, this remedy will most likely be

A) an injunction.
B) damages.
C) rescission.
D) specific performance.

Question 71

In Best Sales Corp. v. Consumer Products Co., the court decides that a precedent is incorrect or in?ap?plicable. The court

A) may rule contrary to the precedent.
B) must apply the precedent.
C) must ask a higher court to rule on the case.
D) must refuse to decide the case.

Question 72

A state trial court has before it Eagle Manufacturing Co. v. Fine Products Corp., a case of first impression. The court can

A) not refuse to decide the Eagle case.
B) postpone deciding Eagle indefinitely.
C) postpone deciding Eagle until there is binding authority.
D) refuse to decide Eagle.

Question 73

Areas of the law not governed by statutory or administrative law are

A) governed by the common law.
B) not governed by any law.
C) open to each individual's own interpretation.
D) subject to local ordinances.

Question 74

Kurt is a judge hearing the case of Local Co. v. Macro Corp. Applying the relevant rule of law to the facts of the case requires Kurt to find previ?ously decided cases that, in relation to the case under con?sidera?tion, are

A) as different as possible.
B) as similar as possible.
C) at odds.
D) exactly identical.

Question 75

The title of a case appears as "Duck Sales Corp. v. Egret Supply Co." The party in whose favor the case was decided

A) could be either party.
B) might be neither party.
C) must be Duck.
D) must be Egret.

Question 76

The South Carolina Supreme Court decides the case of Toy Co. v. Umbrella Corp. The court issues an opinion that does not indicate which justice authored it. This opinion is

A) a concurring opinion.
B) a dissenting opinion.
C) an en banc decision.
D) a per curiam opinion.

Question 77

In Export Co. v. Imports, Inc., there is no precedent on which the court can base a decision. The court can consider, among other things,

A) neither public policy nor social values.
B) public policy only.
C) public policy or social values.
D) social values only.

Question 78

Fact Pattern 1-A1
The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, six believe the judgment should be in National's fa?vor. Justice Peel, one of the six, writes a separate opinion. The four justices who believe the judgment should be in Overseas's favor join in a third separate opinion.
Refer to Fact Pattern 1-A1. The opin?ion joined by the four justices who favor Overseas is known as

A) a concurring opinion.
B) a dissenting opinion.
C) a majority opinion.
D) a propounding opinion.

Question 79

Standard Business Company appeals a decision against it, in favor of Top Flight Corporation, from a lower court to a higher court. Standard is

A) the appellant.
B) the appellee.
C) the defendant.
D) the plaintiff.

Question 80

Lee is a judge in a court of eq?uity. In this court, Lee may bar a suit if it is not filed within a proper time under the doctrine known as

A) laches.
B) stare decisis.
C) the chancellor's discretion.
D) the king's conscience.