Question 1

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

Accepted Answer

A court of appeals typically does not review new evidence, as its purpose is to review the lower court's decision based on the evidence presented at trial. However, in some exceptional circumstances, a court of appeals may allow new evidence to be introduced if it meets certain criteria, such as being newly discovered and material to the case.

Question 2

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

Accepted Answer

Decisions of the highest court in a state, also known as the Supreme Court or Court of Appeals, create legal precedents that become part of the common law, which is the body of law based on court decisions and custom, rather than on written laws or regulations.

Question 3

Administrative law is usually more specific than statutory law.

Accepted Answer

Administrative law is the body of law that governs the activities of administrative agencies of government. It typically includes regulations, decisions, and actions of these agencies, which tend to be more specific than the broader statutes passed by legislatures.

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.

Accepted Answer

Lower courts are bound by the decisions of higher courts in the same jurisdiction, regardless of changing times or opinions; they cannot choose not to follow precedent.

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.

Accepted Answer

The statement accurately describes the doctrine of stare decisis.

Question 6

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

Accepted Answer

The United States District Courts are the main trial courts in the federal system, with each state having at least one district court.

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.

Accepted Answer

A court opinion is mandatory authority if it directly addresses and decides the issue in the current case and if it comes from a higher court in the same jurisdiction.

Question 8

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

Accepted Answer

The answer of Legal dictionaries include definitions of legal terms...

Question 9

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

Accepted Answer

The term case law refers specifically to the law that is created through court decisions, while the term common law refers to the body of law that has developed over time through judicial decisions and customs. Therefore, common law encompasses a broader range of law than case 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.

Accepted Answer

Stare decisis and precedent require courts to follow earlier decisions on similar issues, which means that consistent outcomes can generally be expected.

Question 11

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

Accepted Answer

The Restatements of Law address multiple legal topics and are divided into separate sections, such as torts, contracts, and property.

Question 12

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

Accepted Answer

The answer of Personal jurisdiction is the extent of a...

Question 13

Not all primary authority is mandatory authority.

Accepted Answer

Primary authority includes cases, statutes, and regulations. While some primary authority may be mandatory (such as certain statutes or regulations that must be followed), not all primary authority carries the same level of mandatory authority. For example, a case decision may be persuasive but not mandatory authority for a judge or other decision-maker.

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.

Accepted Answer

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.

Accepted Answer

Mandatory authority refers to sources of law, such as statutes or higher court decisions, that a court must follow when making its decision.

Question 16

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

Accepted Answer

The Supreme Court has the power of judicial review and can declare state laws unconstitutional if they violate the U.S. Constitution.

Question 17

There is no uniform method for citations.

Accepted Answer

The answer of There is no uniform method for citations....

Question 18

Law reviews are usually published by law schools.

Accepted Answer

Law reviews are typically published by law schools, with students and faculty as the primary contributors.

Question 19

Secondary authority cannot be mandatory authority.

Accepted Answer

Secondary authority refers to sources that interpret, analyze, or discuss primary authority, such as law review articles, treatises, or legal dictionaries. While secondary authority can be persuasive, it is never mandatory authority or binding on the courts. Only primary authority, such as statutes or court decisions, can be mandatory authority.

Question 20

A constitution is not an example of enacted law.

Accepted Answer

The answer of A constitution is not an example of...

Quiz 1: Introduction to Legal Principles and Authorities