Question 1

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 refers to the body of law that governs the actions of administrative agencies, such as the Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management. These agencies are empowered by statutes to issue regulations and make decisions in their respective areas of jurisdiction, and these regulations have the force of law. Therefore, the regulations issued by these agencies constitute administrative law. Case law refers to legal precedents created by courts, while stare decisis is a legal doctrine that requires courts to follow precedents in similar cases. Statutory law refers to laws enacted by the legislative branch of government.

Question 2

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

Accepted Answer

A remedy is the relief given to an innocent party to enforce a right or to prevent or compensate for the violation of a right. In this scenario, Jaime has obtained a remedy in an action against the state of Idaho, which means that the court has provided a solution to the problem or injury caused by the state's actions.

Question 3

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 rule contrary to a precedent if it determines that the precedent is incorrect or inapplicable. This would require a legal analysis and evaluation of the precedent, rather than a subjective opinion based on personal values or personal preferences. Additionally, the court may consider potential unintended consequences of following a precedent, but this would not be the sole determining factor.

Question 4

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

Accepted Answer

The U.S. Constitution is the highest law of the land, and any state law that violates it is considered unconstitutional and therefore unenforceable. Therefore, the answer is that this law can be enforced by no one, because it is not a valid law.

Question 5

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 previously decided cases that, in relation to the case under consideration, are

Accepted Answer

When applying the relevant rule of law to the facts of the case, the judge needs to find previously decided cases that are as similar as possible to the case under consideration. This is because the previous cases provide precedents and guide the judge in making a decision based on what has been done in similar cases before.

Question 6

Much of American law is based on

Accepted Answer

American law is based on the English legal system, specifically on the common law tradition that developed in England. The early American colonists brought this tradition with them and it has since evolved to fit the needs of modern American society.

Question 7

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 that requires a breaching party to fulfill the terms of a contract as promised. Damages are monetary compensation awarded to the non-breaching party for the financial harm suffered as a result of the breach. Rescission is the cancellation of a contract and the restoration of the parties to their pre-contract positions. Ordering a party to perform as promised is within the court's authority if the non-breaching party requests specific performance as a remedy.

Question 8

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 (such as injunctions and specific performance) and remedies at law (such as monetary damages). Therefore, Chelsea may grant a remedy in equity and a remedy at law in a particular case.

Question 9

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

Accepted Answer

A remedy at law typically involves the payment of money or property as compensation for damages suffered by one party in a dispute. This is what Starlight Café is likely seeking in their lawsuit. Choices B, C, and D refer to different types of legal remedies that may be available in certain situations, but are not necessarily relevant to this case.

Question 10

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

Accepted Answer

An injunction is a court order that requires a person to either do something or to refrain from doing something. In this case, Leon has obtained an injunction against Knut, which means that Knut has been ordered by the court to either stop doing something or start doing something, depending on the specifics of the injunction.

Question 11

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

Accepted Answer

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

Question 12

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 can award damages or issue a decree of specific performance in cases where a breach of contract has occurred. Imprisonment is not an appropriate action in a civil case such as a contract dispute. Nor can a judge order a party to pay them in order to receive a favorable ruling, as this would be unethical and illegal.

Question 13

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 14

The best definition of a precedent is

Accepted Answer

A precedent is a court decision that establishes a rule or principle that must be followed in similar cases. It serves as an authority or guide for future cases with similar facts. Option D accurately defines a precedent. Options A, B and C do not accurately describe a precedent.

Question 15

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

Accepted Answer

The common law rules develop from court decisions, which establish legal principles that can be relied upon in future cases. Administrative regulations are created by government agencies, federal and state statutes are laws passed by legislative bodies, and proposed uniform laws are model laws suggested as possible laws to be enacted by state legislatures. None of these sources directly contribute to the development of common law.

Question 16

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 allows the court to make a decision in line with the broader societal norms and ensure a just outcome. Option A is not appropriate as a judge's personal values should not influence the decision in a legal case. Option B is not appropriate as it leaves the parties without a resolution. Option C is not appropriate as the parties may wait indefinitely for a precedent to emerge.

Question 17

Smithy 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 considered the highest-ranking (superior) law in the state, as it outlines the basic structure and framework of the government and the rights of the people. Statutes enacted by the legislature, rules created by administrative agencies, and cases decided by the Court of Appeals are all subordinate to the provisions of the state constitution.

Question 18

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

Leona is requesting rescission of the contract, which involves canceling the contract and returning the parties to their original positions before the contract was formed. This is not a request for specific performance (forcing the parties to perform under the contract) or an injunction (ordering a party to stop doing something). Option D is incorrect because courts can order rescission of contracts.

Question 19

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

Judges overturning precedents due to technological changes can be significant and receive public attention because it can set new standards and regulations. The impact on society due to the change in precedent can create controversy and therefore, receive media coverage.

Question 20

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 deciding 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

The doctrine of stare decisis requires lower courts to follow the precedents set by higher courts. Since Benny v. City Car Dealership is a state supreme court case with similar facts, the trial court is likely to follow the precedent and allow the minor to cancel the contract.

Quiz 1: Business and Its Legal Environment