Deck 1: Introduction to Law and Legal Reasoning

Question 1

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

Answer 1

False

Question 2

Statutory law does not include county ordinances.

Answer 2

False

Question 3

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

Answer 3

True

Question 4

Criminal law focuses on duties that exist between persons.

Question 5

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

Question 6

A judge's function is to make the law.

Question 7

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

Question 8

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 9

A breach of a contract is a failure to perform it.

Question 10

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

Question 11

Courts do not depart from precedents.

Question 12

Damages is a remedy at law.

Question 13

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

Question 14

Most state trial court decisions are not published.

Question 15

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

Question 16

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

Question 17

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

Question 18

Remedies in equity include injunctions and decrees of specific performance.

Question 19

Constitutional law includes only the U.S. Constitution.

Question 20

Whether a law is constitutional depends on its source.

Question 21

In a suit against Evan, Floyd obtains an injunction. This is

A) an order to do or to refrain from doing a particular act.
B) an order to perform what was promised.
C) a payment of money or property as compensation.
D) the cancellation of a contract.

Question 22

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 23

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 24

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 25

Maggie and Nate enter into a contract for the sale of car, but Nate later refuses to deliver the goods. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is

A) an equitable remedy.
B) an unenforceable demand.
C) a remedy at law.
D) a type of harm.

Question 26

In a suit against Corbin, Donatella obtains damages. This is

A) an order to do or to refrain from doing a particular act.
B) an order to perform what was promised.
C) a payment of money or property as compensation.
D) the cancellation of a contract.

Question 27

Lewis is a state court judge. Like other judges, Lewis often refers to secondary sources of law for guidance. These sources include

A) official comments to statute.
B) other states' statutes.
C) state constitutions.
D) the U.S. Constitution.

Question 28

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 29

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 30

Craig is a state court judge. In his court, as in most state courts, legal and equitable remedies have merged. But it is important to distinguish between equitable and legal remedies

A) because neither type of remedy can be granted today.
B) for no good reason.
C) to negotiate an enforceable business contract.
D) to request a proper remedy.

Question 31

In a suit against Sandy, Tippy obtains damages. In the U.S. legal system, this remedy at law is

A) equitable.
B) normal.
C) unlikely.
D) unusual.

Question 32

In a suit against Vladimir over the performance of a contract, Wyler obtains rescission. This is

A) an order to do or to refrain from doing a particular act.
B) an order to perform what was promised.
C) a payment of money or property as compensation.
D) the cancellation of a contract.

Question 33

At a prison in Ohio, inmate Steve recruits other inmates to play Towers & Trolls, a potentially violent, fantasy, role-playing game. Ryan, the prison's warden, confiscates the game materials and bans its play at the prison. Under the principles discussed in "A Sample Court Case," Singer v. Raemisch, Ryan most likely acted

A) in violation of Steve's rights under the First Amendment.
B) reasonably in taking the game materials but not in banning its play.
C) reasonably in banning the game but not in taking the materials.
D) reasonably in the circumstances and under the law.

Question 34

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 35

As a judge, Diane 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 36

In Ben v. City Car Dealership, 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 Daphne v. Even Steven Auto Deals, Inc.,, a case with similar facts. Under the doctrine of stare de?cisis, 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 37

Refer to Fact Pattern 1-A1. Bellamy's opin?ion is known as

A) a concurring opinion.
B) a dissenting opinion.
C) a majority opinion.
D) a per curiam opinion.

Question 38

Refer to Fact Pattern 1-A1. The opin?ion joined by the four justices who favor Power is known as

A) a concurring opinion.
B) a dissenting opinion.
C) a majority opinion.
D) a per curiam opinion.

Question 39

The legislature of the state of Mississippi enacts a new statute that sets stan?dards for the liability of businesses selling defective products. This statute applies

A) only in Mississippi.
B) only in Mississippi and its border states.
C) in all states.
D) in all states but only to matters not covered by other states' laws.

Question 40

Refer to Fact Pattern 1-A1. These opinions are collected and published in volumes called

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

Question 41

Blizzard Entertainment, Inc., one of the owners of the World of Warcraft (WoW) computer game, is involved in a lawsuit with MDY Industries, LLC, the owner of Glider, a software program that plays WoW for its players while they are away from their keyboards. Blizzard asks the court to direct MDY to stop selling and distributing Glider. The court's opinion in the case is at MDY Industries, LLC v. Blizzard Entertainment, Inc., 616 F.Supp.2d 958 (D.Ariz. 2010). What is the name for the remedy that Blizzard is seeking? What type of remedy is it? What court decided this case? Specifically where can the court's opinion be found?

Question 42

Americans with a Better Cause (ABC), a nonprofit organization, files a suit against the U.S. Department of Justice (DOJ), claiming that a cer?tain federal statute the DOJ is empowered to enforce conflicts with the U.S. Constitution and with a state constitution. In each situation, which source of law has priority?