Question 1

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

Accepted Answer

A state law that violates the U.S. Constitution is unconstitutional and therefore unenforceable. Such a law cannot be enforced by anyone, including the state of Pennsylvania or the federal government. The supremacy clause of the U.S. Constitution establishes that federal law is supreme and state law must comply with it. If a state law conflicts with the U.S. Constitution, it is void and cannot be enforced.

Question 2

A court may rule contrary to a precedent if

Accepted Answer

A court may rule contrary to a precedent if it decides that the precedent is incorrect or inapplicable. However, a judge's personal preference is not a valid reason for disregarding a precedent. Therefore, choice D (a) and (b) is the correct answer.

Question 3

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

Accepted Answer

Common law rules develop from court decisions, where judges interpret and apply existing laws and create new precedents. Administrative regulations are developed by government agencies, federal and state statutes are created by the legislative branch, and proposed uniform laws are suggested templates for state laws but are not yet enacted. Therefore, the best choice is B.

Question 4

The best definition of a precedent is

Accepted Answer

A precedent is a court decision that serves as an example or authority for deciding subsequent cases that involve identical or similar facts. It is used to guide judges in making decisions on cases that present similar issues or questions of law. Precendents help to maintain consistency and predictability in the legal system.

Question 5

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's request for the court to cancel the contract and return the parties to their pre-contractual positions is an example of an equitable remedy. Equitable remedies are often used in situations where monetary damages are not enough to adequately compensate a party for a breach of contract or other harm. In this case, canceling the contract and restoring the parties to their pre-contractual positions would be a fair and just resolution of the issue.

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

When applying the relevant rule of law to the facts of the case, Karen needs to find previously decided cases that are as similar as possible to the case under consideration. This is because these cases will provide the most useful guidance as to how the law should be applied in the current case. Cases that are too different may not be directly relevant, while cases that are exactly identical may be rare or non-existent.

Question 7

Miley and Otis are involved in a case.The best definition of a case is

Accepted Answer

A case refers to a judicial proceeding for the resolution of a dispute. It is a legal action brought before a court or other tribunal to resolve a particular matter. In the context of the sentence given, Miley and Otis are assumed to be parties to a legal dispute, therefore making it a case. Option A is incorrect because not all cases are criminal prosecutions. Option B is incorrect because it refers to a breach of legal duty rather than a legal proceeding. Option D is incorrect because it refers to a type of government regulation rather than a legal proceeding.

Question 8

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 likely that her case will

Accepted Answer

If Judge Julia's decision to overturn the precedent receives attention from the media, it is likely to generate considerable interest because it highlights the impact of technology on legal processes. Therefore, her case is likely to receive a great deal of publicity.

Question 9

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

Accepted Answer

The case law created by Owen's judicial decisions does not include interpretations of the media, as case law consists of legal precedents established through judicial decisions in legal cases and the media is not a source of legal authority. However, case law may include interpretations of administrative regulations, constitutional provisions, and statutes, as these are all sources of legal authority that may be applied and interpreted by judges in their decisions.

Question 10

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 authority to award damages or cancel the contract if she finds that there has been a breach of contract. However, she does not have the power to imprison someone for 10 years as that is a criminal penalty, which can only be imposed by a criminal court. Therefore, the best choice is D, which allows Eliza to award damages or cancel the contract as appropriate.

Question 11

Which of the following is not an example of an equitable remedy?

Accepted Answer

Option C is not an example of an equitable remedy as it goes beyond restoring the injured party to their position prior to the contract formation. Instead, Jill is asking for more than the original 100 roses. Options A and B are examples of equitable remedies as they seek to restore the parties to their original position before the contract was formed. Option D is incorrect as it includes option C, which is not an equitable remedy.

Question 12

In Financial Investment Co.v.Goodhands Insurance,Inc.,there is no precedent on which the court can base a decision.The court will not consider

Accepted Answer

The court may consider public policy, social customs, and social values in making decisions when there is no precedent to rely on.

Question 13

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

Accepted Answer

Ordering a party to perform as promised is an equitable remedy, which means it falls under the jurisdiction of equity law rather than common law. Equitable remedies are typically used to provide a fair and just resolution when legal remedies are insufficient. In this case, Maggie is seeking specific performance, which is a type of equitable remedy that requires Nate to fulfill his contractual obligation to deliver the car.

Question 14

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

Accepted Answer

The U.S. Constitution is the supreme law of the land, and any provision in a state constitution that conflicts with it is considered invalid. Therefore, the U.S. Constitution takes precedence over the California state constitution in the event of a conflict.

Question 15

Beth and Celia are involved in an action.The best definition of an action is

Accepted Answer

An action refers to a legal dispute that is resolved through a judicial proceeding, where one party seeks relief or resolution against the other party. It can be a civil or criminal action, but is not limited to criminal prosecutions. Option A is incorrect. Option B refers to a breach of legal duty and is not necessarily related to a dispute resolved through legal action. Option D refers to raising funds for business growth and is not related to legal proceedings.

Question 16

The best definition of a remedy is

Accepted Answer

The definition of a remedy is a relief given to innocent parties to enforce a right or to prevent or compensate for a wrong. This can include legal remedies such as damages or injunctions. It is not related to medication or specific rights guaranteed by the Bill of Rights. It is also not a situation or state of facts, but rather the legal action taken to address that situation or state of facts.

Question 17

Diana is a state court judge.In her court,as in most state courts,she may grant in a particular case

Accepted Answer

State court judges have the power to grant both equitable and legal remedies. Equitable remedies are court orders that require one party to do something (such as perform a specific action or fulfill a contractual obligation) or refrain from doing something (such as continuing a harmful activity). Legal remedies, on the other hand, typically involve monetary compensation or damages awarded to one party by the court. Therefore, Diana can grant equitable and legal remedies in a particular case.

Question 18

Starlight Café has a cause of action,which is best defined as

Accepted Answer

A cause of action is a situation that gives a person the right to initiate a judicial proceeding. In other words, it is the legal basis for a lawsuit in civil court. Therefore, option D is the best choice.

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 stare decisis, courts are obligated to follow the legal precedent established by higher courts in their jurisdiction. Since the state supreme court already held in Benny v. City Car Dealership that a minor could cancel a contract for the sale of a car, the trial court in Daphne v. Even Steven Auto Deals, Inc. is likely to follow this precedent and allow the minor to cancel the contract.

Question 20

The Tenth Amendment of the U.S.Constitution

Accepted Answer

The Tenth Amendment of the U.S. Constitution defines the powers and limitations of the federal government. It states that any powers that are not specifically delegated to the federal government by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people. It is a key amendment in understanding the concept of federalism in the United States.

Quiz 1: Introduction to the Law and Our Legal System