Question 1

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

Accepted Answer

Any state law that violates the U.S. Constitution is considered null and void, and therefore cannot be enforced by anyone, including the state of Pennsylvania or the federal government. The Supremacy Clause of the Constitution makes it clear that federal law supersedes state law in cases where there is a conflict between the two. Therefore, the only option when a state law violates the Constitution is for it to be challenged in court and ultimately struck down as unconstitutional by the judicial system.

Question 2

In an action against the sate of Idaho,Jaime obtains a remedy.This is

Accepted Answer

The definition provided matches the concept of a remedy, which is a legal or equitable solution to a problem or dispute. It can be a means to enforce a right, prevent a violation or compensate for damages. Option B is unrelated to the context of the question. Option C is a general notion of rights protected by the Constitution, but it is not directly applicable to the given scenario. Option D is the definition of a cause of action, which is related to the legal basis for a lawsuit, but it does not refer to the outcome of the case.

Question 3

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

Accepted Answer

Specific performance is a court-ordered remedy where a party is required to perform the exact terms of a contract if monetary damages would not be an adequate remedy. In this case, Maggie is asking the court to order Nate to deliver the car as promised, which is an example of specific performance.

Question 4

The Bay City Planning Department,the Coastal County Zoning Commission,the Delaware Environmental Quality Agency,and the U.S.Bureau of Land Management issue regulations.These rules constitute

Accepted Answer

Administrative law is the body of law that governs activities of administrative agencies, such as the Bay City Planning Department, Coastal County Zoning Commission, Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management. These agencies are authorized by legislative bodies to make and enforce rules, and their rules constitute administrative law.

Question 5

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

Accepted Answer

Common law rules develop from court decisions, as they are based on precedent and the interpretation of previous cases. Administrative regulations are created by executive agencies, federal and state statutes are laws passed by legislative bodies, and proposed uniform laws are models for laws that can be adopted by various states.

Question 6

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

Accepted Answer

In order to apply the relevant rule of law to the facts of the case, Karen would need to find previously decided cases that are as similar as possible to the case under consideration. This is because legal principles and precedents are established through previous cases, and in order to determine how those principles apply in a new case, the facts and circumstances of that case need to be compared to those of previous cases with similar legal issues.

Question 7

Starlight Café brings a suit,seeking a remedy at law.A remedy at law is

Accepted Answer

A remedy at law refers to the payment of money or property as compensation for damages. It is the most common form of remedy sought in civil lawsuits. In the case of Starlight Café, if they are seeking a remedy at law, it means they are most likely seeking monetary compensation for some sort of damage or harm they have suffered.

Question 8

Leona enters into a contract with Munchie Bakery to cater a sales conference.When the conference is postponed indefinitely,Leona asks a court to cancel the contract and return the parties to the positions that they held before its formation.This request involves

Accepted Answer

Rescission involves canceling a contract and returning the parties to their pre-contract positions, which is exactly what Leona is requesting in this scenario. Specific performance and injunctions involve orders for specific actions to be taken, while the statement "an action that the court cannot order" is not accurate, as courts have the power to order rescission in certain circumstances.

Question 9

Owen is a federal judge whose judicial decisions are part of case law,which does not include interpretations of

Accepted Answer

The answer of Owen is a federal judge whose judicial...

Question 10

The Uniform Commercial Code has been adopted,at least in part,in

Accepted Answer

The answer of The Uniform Commercial Code has been adopted,at...

Question 11

Smith Saddlery is a saddle shop subject to the laws of New York.In New York,the highest-ranking (superior)law is

Accepted Answer

The New York constitution is the highest-ranking law in the state, as it outlines the fundamental principles and structure of the state government. Statutes enacted by the legislature, cases decided by the Court of Appeals, and rules created by administrative agencies are all subject to the provisions of the constitution.

Question 12

Judge Julia decides that the precedent for the case she is hearing is no longer correct due to technological changes.She overturns the precedent when she decides the case.It is most likely that her case will

Accepted Answer

When a judge overturns a precedent due to technological changes, it is likely to receive a great deal of publicity. This is because it shows that the legal system is adapting to new technologies and changing societal norms. It may also have implications for other similar cases in the future, making it of interest to legal professionals and the public alike.

Question 13

Chelsea is a state court judge.Like judges in most state courts,in a particular case,she may grant

Accepted Answer

State court judges have the power to grant both remedies in equity and remedies at law in a particular case. This means that they can provide both monetary compensation (remedy at law) or order specific performance, injunctions, or declaratory judgments (remedy in equity). Therefore, option C is the best choice.

Question 14

In a suit against Knut,Leon obtains an injunction.This is

Accepted Answer

An injunction is an order granted by a court that requires someone to do or refrain from doing a specific act. It is often used to prevent harm or to maintain the status quo until a legal dispute is resolved. Therefore, option A is the correct answer.

Question 15

Eliza is a state court judge.Flora appears in a case in Eliza's court,claim-ing that Glover breached a contract.Which of the following actions may Eliza take?

Accepted Answer

As a state court judge, Eliza has the power to adjudicate civil matters such as breach of contract cases. Option A is the most appropriate choice as it allows Eliza to either award damages or issue a decree of specific performance, both of which are common remedies for breach of contract cases. Options B and C are not appropriate as judges do not have the power to imprison parties to civil cases. Option D is unethical and illegal as judges are not allowed to accept bribes or monetary compensation in exchange for favorable rulings.

Question 16

Much of American law is based on

Accepted Answer

Much of American law is based on the English legal system, as the United States was originally an English colony and inherited many of its laws and legal traditions.

Question 17

There are no precedents on which the court deciding the case Financial Investment Co.v.Goodhands Insurance,Inc.,can base its decision.The court may consider

Accepted Answer

When there are no precedents available, the court can base its decision on public policy or social customs and values. This means that the court can consider what actions would be in the best interest of society as a whole, and make a decision accordingly. This approach ensures that the court's decision aligns with the values and expectations of the community it serves.

Question 18

In the case of Retail Sales Corp.v.Trucking Delivery Co.,the court may rule contrary to a precedent if the court decides that the precedent

Accepted Answer

The court may only depart from a precedent if it determines that the precedent is incorrect or inapplicable to the current case. The court cannot depart from a precedent simply because it disagrees with it or prefers a different outcome. Additionally, the court cannot depart from a precedent based on the potential unintended consequences, as it is the job of lawmakers and policymakers to address such issues through legislation.

Question 19

In Benny 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 decisis,the trial court is likely to

Accepted Answer

Under the doctrine of stare decisis, courts are generally bound to follow precedents established by higher courts in the same jurisdiction. In this case, Benny v. City Car Dealership is a state supreme court case with similar facts to Daphne v. Even Steven Auto Deals, Inc. Therefore, the trial court is likely to follow the precedent and allow the minor to cancel the contract.

Question 20

The best definition of a precedent is

Accepted Answer

Precedent refers to a court decision that serves as an authoritative example for subsequent cases involving similar facts or issues. It is a legal principle that courts rely on in deciding cases and shaping the law. Choice A is incorrect because law developed from custom is referred to as customary law, which is different from precedent. Choice B refers to a judicial proceeding, but does not specifically relate to the concept of precedent. Choice C refers to a lawsuit between individuals, but again, does not specifically relate to the concept of precedent.

Quiz 1: Business and Its Legal Environment