Question 1

To Serena,the written law of a particular society at a particular time is most significant.Serena is

Accepted Answer

Serena is a legal positivist as she believes that the written law of a particular society at a particular time is the most significant. Legal positivists hold the view that the law is created by human beings and is not necessarily based on moral or natural principles. They also believe that the validity of law depends on its source rather than its content.

Question 2

MaxiMart,Inc. ,is a discount retailer.MaxiMart's customer service employees are on strike.Sixty of the workers block the entrances to one of MaxiMart's stores.To get them away from the doors,MaxiMart should seek

Accepted Answer

MaxiMart should seek an injunction, which is a court order that would require the workers to stop blocking the entrances to the store. This would allow the store to continue its operations without interference. A clause of free exercise would not apply in this situation, as it typically pertains to religious freedom. A decree of specific performance would not be appropriate either, as it relates to the specific terms of a contract. An order of due process would also not be relevant, as due process pertains to the legal rights of individuals in a court proceeding, and is not applicable in this situation.

Question 3

The South Carolina Supreme Court decides the case of Toy Co.v.Umbrella Corp.The court issues an opinion that does not indicate which justice authored it.This opinion is

Accepted Answer

A per curiam opinion is one issued by a court as a whole rather than authored by a single judge. It is usually used when the court is unanimous in its decision and wants to present a single voice.

Question 4

The title of a case appears as "Duck Down Corp.v.Egret Feathers Co." The party in whose favor the case was decided

Accepted Answer

The title does not indicate which party won, so it could be either party.

Question 5

Jill is an appellate court judge.In this capacity,Jill establishes a rule of law.Under the doctrine of stare decisis,the principle must be adhered to by

Accepted Answer

Stare decisis is Latin for "let the decision stand." It is a legal doctrine that requires judges to follow the decisions and precedents set by higher courts in their jurisdiction. In this case, as Jill is an appellate court judge, her rule of law must be adhered to by that court and courts of lower rank. However, courts of higher rank are not bound by the rule and may overturn it if necessary.

Question 6

The federal government and the state governments constitute the U.S.legal system.This system is based on the legal system of

Accepted Answer

The U.S. legal system is based on the legal system of England, particularly the common law system. Many of the basic principles and procedures in the U.S. legal system, such as the presumption of innocence and trial by jury, have their roots in English law.

Question 7

In a suit against Owen over the performance of their contract,Phil obtains specific performance.This is

Accepted Answer

Specific performance is an equitable remedy in which a court orders a party to perform what was promised in the contract. It is not an order to refrain from doing a particular act (A), a payment of money or property as compensation (C), or the cancellation of a contract (D).

Question 8

In Sales Distribution Corp.v.Consumer Products Co. ,the court decides that a precedent is incorrect or inapplicable.The court

Accepted Answer

If a court decides that a precedent is incorrect or inapplicable, they may rule contrary to the precedent. This is known as distinguishing the case from the precedent or overruling the precedent.

Question 9

Eliza is a state court judge.Flora appears in a case in Eliza's court,claiming that Glover breached a contract.As in most state courts,Eliza may

Accepted Answer

State court judges typically have the power to award damages or cancel a contract in a breach of contract case. Therefore, Eliza may do either of these things in Flora's case against Glover. Option B, C, and D are incorrect as they limit the judge's power to only one of these actions or none at all.

Question 10

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 in a particular case. Equitable remedies include injunctions, specific performance, and rescission, while legal remedies include damages and compensation. Therefore, option C is the correct answer.

Question 11

Brian's pick-up truck collides with Miranda's semi-trailer on a county highway.Weighing Brian's liability for the collision,Rachel,a judge,reasons by analogy.To reason by analogy is to

Accepted Answer

Reasoning by analogy involves comparing the facts of previous cases and applying the same rule of law to the current case. The judge would look for similar circumstances in past cases where a pick-up truck collided with a semi-trailer and analyze how liability was determined in those cases.

Question 12

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.This request involves

Accepted Answer

Leona requesting the court to cancel the contract due to the postponed conference involves an equitable remedy. Equitable remedies are non-monetary solutions provided by courts to resolve disputes in a fair and just manner. In this case, Leona is seeking the cancellation of the contract rather than monetary damages.

Question 13

Standard Business Company appeals a decision against it,in favor of Fast Delivery Corporation,from a lower court to a higher court.Standard is

Accepted Answer

The party that appeals a decision is known as the appellant. Therefore, in this case, Standard Business Company is the appellant.

Question 14

The U.S.Congress enacts a new federal statute that imposes liability on businesses emitting significant amounts of a certain pollutant into the environment.This statute applies

Accepted Answer

Federal statutes apply to all states in the United States, regardless of whether or not they have adopted their own laws on the matter. Therefore, the new federal statute imposing liability on businesses emitting a certain pollutant into the environment would apply to all states.

Question 15

The River City Council,the Santa Clara County Board,the Texas state legislature,and the U.S.Congress enact laws.These laws constitute

Accepted Answer

Statutory law refers to laws created by legislative bodies, such as the River City Council, Santa Clara County Board, Texas state legislature, and U.S. Congress. Therefore, this is the best choice. Administrative law refers to regulations enacted by administrative agencies, while case law and stare decisis refer to legal precedents established by court decisions.

Question 16

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

Accepted Answer

The U.S. Constitution is the supreme law of the land, as confirmed by the Supremacy Clause in Article VI. Therefore, in case of a conflict, the U.S. Constitution takes precedence over any state constitution.

Question 17

Krystal is a federal judge.Krystal's judicial decisions are part of case law.This law includes interpretations of primary sources of law.These sources include

Accepted Answer

The answer of Krystal is a federal judge.Krystal's judicial decisions...

Question 18

As a judge,Nina decides cases that involve principles of various sources of law.Common law is

Accepted Answer

Common law is also known as case law and refers to legal principles developed by courts through their decisions in past cases. Administrative law refers to the laws and regulations governing administrative agencies, civil law refers to private disputes between individuals, and statutory law refers to laws created by legislative bodies.

Question 19

Julius is a judge.How the Julius and the judges in other courts interpret a particular statute determines

Accepted Answer

Judges are responsible for interpreting statutes in order to apply them correctly in specific cases, so their interpretation determines how that statute will be applied in those cases.

Question 20

Quinn is a state court judge.In the case of Royal Banners,Inc.v.Superior Flags Co. ,Quinn establishes a logical relationship by comparing the facts in the case to the facts in other cases and,to the extent the facts are similar,applies the same rule.This is

Accepted Answer

Quinn is applying reasoning by analogy by comparing the facts in the current case to the facts in other cases and applying the same rule when the facts are similar. This is a common method of legal reasoning.

Quiz 1: Business and Its Legal Environment