Deck 1: Law and Legal Reasoning

Question 1

Binding versus Persuasive Authority. A county court in Illinois is deciding a case involving an issue that has never been addressed before in that state's courts. The Iowa Supreme Court, however, recently decided a case involving a very similar fact pattern. Is the Illinois court obligated to follow the Iowa Supreme Court's decision on the issue? If the United States Supreme Court had decided a similar case, would that decision be binding on the Illinois court? Explain.

Answer 1

All inferior courts are bound to the decision of higher court because no state's court is inferior and obligated to follow other courts' decision on an issue. The decision may be influential in nature, nevertheless, depending on the nature of the case and the particular judge hearing it.
Supreme Court is the nation's highest court, thus, decisions on an issue is binding like the decision of any court, on all inferior courts.

Question 2

Issue Spotters
Under what circumstances might a judge rely on case law to determine the intent and purpose of a statute?
Before the Test
Go to www.cengagebrain.com, enter the ISBN9781285185248, and click on ?Find? to locate this textbook?sWeb site. Then, click on ?Access Now? under ?StudyTools,? and select Chapter 1 at the top. There, you will find aPractice Quiz that you can take to assess your mastery of theconcepts in this chapter, as well as Flashcards and a Glossaryof important terms.

Answer 2

Case law comprises interpretations of statutes by court, as well as administrative rules and constitutional provisions, generally codify common law rules. For these motives, a judge might depend on the common laws as a guide to the intent and purpose of a statute.

Question 3

Suppose that the California legislature passes a law that severely restricts carbon dioxide emissions from automobiles in that state. A group of automobile manufacturers files suit against the state of California to prevent the enforcement of the law. The automakers claim that a federal law already sets fuel economy standards nationwide and that fuel economy standards are essentially the same as carbon dioxide emission standards. According to the automobile manufacturers, it is unfair to allow California to impose more stringent regulations than those set by the federal law. Using the information presented in the chapter, answer the following questions.
Who are the parties (the plaintiffs and the defendant) in this lawsuit?

Answer 3

California legislature passes a law restricting carbon dioxide emissions from automobiles in the state. A suit is filed by the group of automobiles manufacturers claiming that a federal law already sets fuel economy standards which are same as carbon dioxide emission. In this case automobile manufacturers are the plaintiffs, and the state of California is the defendant.

Question 4

Sources of Law This chapter discussed a number of sources of American law. Which source of law takes priority in the following situations, and why?
(a) A federal statute conflicts with the U.S. Constitution.
(b) A federal statute conflicts with a state constitutional provision.
(c) A state statute conflicts with the common law of that state.
(d) A state constitutional amendment conflicts with the U.S. Constitution.

Question 5

After World War II, several Nazis were convicted of "crimes against humanity" by an international court. Assuming that these convicted war criminals had not disobeyed any law of their country and had merely been following their government's orders, what law had they violated? Explain
Before the Test
Go to www.cengagebrain.com, enter the ISBN9781285185248, and click on ?Find? to locate this textbook?sWeb site. Then, click on ?Access Now? under ?StudyTools,? and select Chapter 1 at the top. There, you will find aPractice Quiz that you can take to assess your mastery of theconcepts in this chapter, as well as Flashcards and a Glossaryof important terms.

Question 6

Suppose that the California legislature passes a law that severely restricts carbon dioxide emissions from automobiles in that state. A group of automobile manufacturers files suit against the state of California to prevent the enforcement of the law. The automakers claim that a federal law already sets fuel economy standards nationwide and that fuel economy standards are essentially the same as carbon dioxide emission standards. According to the automobile manufacturers, it is unfair to allow California to impose more stringent regulations than those set by the federal law. Using the information presented in the chapter, answer the following questions.
Are the plaintiffs seeking a legal remedy or an equitable remedy?

Question 7

Stare Decisis In this chapter, we stated that the doctrine of stare decisis "became a cornerstone of the English and American judicial systems." What does stare decisis mean, and why has this doctrine been so fundamental to the development of our legal tradition?

Question 8

Suppose that the California legislature passes a law that severely restricts carbon dioxide emissions from automobiles in that state. A group of automobile manufacturers files suit against the state of California to prevent the enforcement of the law. The automakers claim that a federal law already sets fuel economy standards nationwide and that fuel economy standards are essentially the same as carbon dioxide emission standards. According to the automobile manufacturers, it is unfair to allow California to impose more stringent regulations than those set by the federal law. Using the information presented in the chapter, answer the following questions.
What is the primary source of the law that is at issue here?

Question 9

Remedies. Assume that Arthur Rabe is suing Xavier Sanchez for breaching a contract in which Sanchez promised to sell Rabe a painting by Vincent Van Gogh for $30 million. (See page 6.)
(a) In this lawsuit, who is the plaintiff and who is the defendant?
(b) Suppose that Rabe wants Sanchez to perform the contract as promised. What remedy would Rabe seek from the court?
(c) Now suppose that Rabe wants to cancel the contract because Sanchez fraudulently misrepresented the painting as an original Van Gogh when in fact it is a copy. What remedy would Rabe seek?
(d) Will the remedy Rabe seeks in either situation be a remedy at law or a remedy in equity? What is the difference between legal and equitable remedies?
(e) Suppose that the trial court finds in Rabe's favor and grants one of these remedies. Sanchez then appeals the decision to a higher court. On appeal, which party will be the appellant (or petitioner), and which party will be the appellee (or respondent)?

Question 10

Suppose that the California legislature passes a law that severely restricts carbon dioxide emissions from automobiles in that state. A group of automobile manufacturers files suit against the state of California to prevent the enforcement of the law. The automakers claim that a federal law already sets fuel economy standards nationwide and that fuel economy standards are essentially the same as carbon dioxide emission standards. According to the automobile manufacturers, it is unfair to allow California to impose more stringent regulations than those set by the federal law. Using the information presented in the chapter, answer the following questions.
Where would you look to find the relevant California and federal laws?

Question 11

Spotlight on AOL-Common Law. AOL, LLC, mistakenly made public the personal information of 650,000 of its members. The members filed a suit, alleging violations of California law. AOL asked the court to dismiss the suit on the basis of a "forum-selection" clause in its member agreement that designates Virginia courts as the place where member disputes will be tried. Under a decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts have declared in other cases that the AOL clause contravenes a strong public policy. If the court applies the doctrine of stare decisis, will it dismiss the suit? Explain. [ Doe 1 v. AOL LLC, 552 F.3d 1077 (9th Cir. 2009)]
(See page 6.)

Question 12

Business Case Problem with Sample Answer- Reading Citations
Assume that you want to read the entire court opinion in the case of United States v. Yi, 704 F.3d 800 (9th Cir. 2013). Refer to the subsection entitled "Finding Case Law" in this chapter, and then explain specifically where you would find the court's opinion.
(See page 14.)

Question 13

A QUESTION OF ETHICS: The Common Law Tradition.
On July 5, 1884, Dudley, Stephens, and Brooks - "all able-bodied English seamen"-and a teenage English boy were cast adrift in a lifeboat following a storm at sea. They had no water with them in the boat, and all they had for sustenance were two one-pound tins of turnips. On July 24, Dudley proposed that one of the four in the lifeboat be sacrificed to save the others. Stephens agreed with Dudley, but Brooks refused to consent-and the boy was never asked for his opinion. On July 25, Dudley killed the boy, and the three men then fed on the boy's body and blood. Four days later, a passing vessel rescued the men. They were taken to England and tried for the murder of the boy. If the men had not fed on the boy's body, they would probably have died of starvation within the four-day period. The boy, who was in a much weaker condition, would likely have died before the rest. [Regina v. Dudley and Stephens, 14 Q.B.D. (Queen's Bench Division, England) 273 (1884)]
(a) The basic question in this case is whether the survivors should be subject to penalties under English criminal law, given the men's unusual circumstances. Were the defendants' actions necessary but unethical? Explain your reasoning. What ethical issues might be involved here?
(b) Should judges ever have the power to look beyond the written "letter of the law" in making their decisions? Why or why not?

Question 14

Court Opinions. Read through the subsection in this chapter entitled "Decisions and Opinions." (See page 20.)
(a) One group will explain the difference between a concurring opinion and a majority opinion.
(b) Another group will outline the difference between a concurring opinion and a dissenting opinion.
(c) A third group will explain why judges and justices write concurring and dissenting opinions, given that these opinions will not affect the outcome of the case at hand, which has already been decided by majority vote.