Question 1

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

Accepted Answer

Administrative law specifically refers to the rules, orders, and decisions of government agencies like the Federal Trade Commission.

Question 2

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

Accepted Answer

States have the authority to make and enforce their own laws, including laws related to product liability. This means that Mississippi's new statute would only apply within the state's borders and would not have any impact on other states or on matters that are covered by other states' laws.

Question 3

In an action against Elin,Frank obtains a remedy.This is

Accepted Answer

The description "the legal means to recover a right or to redress a wrong" best fits the definition of a remedy in a legal context, as it refers to the action taken to correct an injustice. The other answer options refer to different sources of law or enforcement mechanisms and do not describe the concept of a remedy.

Question 4

Fact Pattern 1-A1 (Questions A17-A19 apply)
The Texas Supreme Court decides the case of Livewire Entertainment Co.v.Power Play Corp.Of nine justices,six believe the judgment should be in Livewire's fa?vor.Justice Bellamy,one of the six,writes a separate opinion.The four justices who be?lieve the judgment should be in Power's favor join in a third separate opinion.
-Refer to Fact Pattern 1-A1.These opinions are collected and published in volumes called

Accepted Answer

Opinions from courts are collected and published in volumes called reporters.

Question 5

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

Accepted Answer

In Singer v. Raemisch, the court upheld the prison's decision to ban a role-playing game due to security concerns. Similarly, Ryan's actions are likely considered reasonable under the law, prioritizing prison security over the inmates' First Amendment rights.

Question 6

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

Accepted Answer

An injunction is an order from a court that requires a party to do or to refrain from doing a specific act. It is a legal remedy used to prevent harm or further harm from occurring. Therefore, choice A is the best option. The other choices do not accurately describe what an injunction is.

Question 7

Fact Pattern 1-A1 (Questions A17-A19 apply)
The Texas Supreme Court decides the case of Livewire Entertainment Co.v.Power Play Corp.Of nine justices,six believe the judgment should be in Livewire's fa?vor.Justice Bellamy,one of the six,writes a separate opinion.The four justices who be?lieve the judgment should be in Power's favor join in a third separate opinion.
-Refer to Fact Pattern 1-A1.The opin?ion joined by the four justices who favor Power is known as

Accepted Answer

A dissenting opinion is written by justices who disagree with the majority decision of the court. In this case, the four justices who favor Power are dissenting from the majority opinion.

Question 8

Hawaii 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 cannot be enforced by anyone, as it is considered invalid and unconstitutional.

Question 9

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

Accepted Answer

Obtaining damages in a suit is a normal remedy at law, meaning it is a common and expected outcome in the U.S. legal system. The other choices (equitable, unlikely, unusual) do not accurately describe this type of remedy.

Question 10

A federal statute regulates an employment practice.To resolve a dispute concerning the practice,Paula,a judge,will most likely apply

Accepted Answer

As a judge, Paula's primary duty is to interpret and apply the law. In this case, the federal statute explicitly regulates the employment practice in question, so Paula would apply that statute to resolve the dispute, rather than relying on any common law doctrines or personal philosophy.

Question 11

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,

Accepted Answer

In the absence of a precedent, the court can consider public policy or social values or both as a basis for its decision-making process. Therefore, the best choice is option C, which suggests that the court can consider either public policy or social values or both.

Question 12

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

Accepted Answer

Obtaining damages typically refers to receiving a payment of money or property as compensation for harm or losses suffered due to the actions of another party. It is not an order to perform an action or to refrain from doing one, nor is it related to the cancellation of a contract.

Question 13

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

Accepted Answer

Official comments to statutes are considered secondary sources of law as they provide interpretation and guidance on the application of the statutes.

Question 14

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

Accepted Answer

The doctrine of stare decisis (which means "to stand by things decided") is a legal principle that requires courts to follow previous decisions made by higher courts in similar cases. As the state supreme court in Ben v. City Car Dealership held 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. Therefore, the best choice is A.

Question 15

Fact Pattern 1-A1 (Questions A17-A19 apply)
The Texas Supreme Court decides the case of Livewire Entertainment Co.v.Power Play Corp.Of nine justices,six believe the judgment should be in Livewire's fa?vor.Justice Bellamy,one of the six,writes a separate opinion.The four justices who be?lieve the judgment should be in Power's favor join in a third separate opinion.
-Refer to Fact Pattern 1-A1.Bellamy's opin?ion is known as

Accepted Answer

Bellamy's opinion agrees with the majority opinion but provides a separate reasoning, making it a concurring opinion.

Question 16

The Securities Exchange Commission is an administrative agency.The chief purpose of such agencies is to

Accepted Answer

Administrative agencies such as the SEC perform specific government functions, such as regulation and enforcement in their particular areas of focus. Their purpose is to supplement and implement laws passed by Congress, rather than impose uniform laws on the states or standardize laws for the executive and judicial branches. Additionally, while they may communicate with federal and state governments, acting as liaisons is not their chief purpose.

Question 17

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

Accepted Answer

Rescission is the cancellation of a contract, meaning that both parties are released from their obligations under the contract and any money or property exchanged must be returned.

Question 18

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

Accepted Answer

Common law rules are developed through judicial decisions made in legal disputes. They are based on precedent, meaning that previous court decisions serve as a basis for current rulings. Therefore, judges who apply common law rules rely on the decisions of other judges in previous cases to guide their rulings.

Question 19

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 known as specific performance, which is an equitable remedy. Equitable remedies are those that are granted at the discretion of the court and are designed to provide a fair and just outcome, whereas remedies at law involve the payment of damages.

Question 20

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

Accepted Answer

Distinguishing between equitable and legal remedies is important in order to request a proper remedy. Depending on the circumstances of the case, one type of remedy may be more appropriate than the other, so it is important to understand the differences and make the proper request.

Quiz 1: Introduction to Law and Legal Reasoning