Question 1

Which of the following is an example of an equitable maxim?

Accepted Answer

All of these choices are examples of equitable maxims. These are general principles used in equity to guide judges in making decisions and ensuring fairness in the outcome of cases.

Question 2

In medieval England the chancellor was a(n)

Accepted Answer

The chancellor was an important adviser to the king in medieval England, responsible for drafting and sealing official documents, overseeing the royal treasury, and serving as a member of the king's privy council. While the chancellor may have had some legal training, they were not necessarily a lawyer or a judge, and they did not serve on juries.

Question 3

A court that was created to decide cases where there was no adequate remedy at law is called a(n)

Accepted Answer

A court of equity, also known as a chancery court, was established to handle cases where the legal system was unable to provide an adequate remedy for a particular situation. These types of cases typically involve issues regarding specific performance, injunctions, trusts, and other matters that require individualized solutions.

Question 4

Equitable remedies include which of the following?

Accepted Answer

Equitable remedies are those remedies that are non-monetary in nature and aim to restore justice and fairness. The three most common equitable remedies are specific performance, injunction, and rescission. Specific performance refers to the court order that requires a party to fulfill their contractual obligation. Injunction is a court order prohibiting a party from doing a certain action. Rescission is the court order that cancels the contract and restores the parties to their original position. Among the given choices, only D includes specific performance and injunction, which are the most common equitable remedies.

Question 5

Propositions or general statements of rules of law that are frequently involved in equity cases are called

Accepted Answer

Equitable principles and maxims are propositions or general statements of rules of law that are frequently involved in equity cases. Specific performance and injunctions are examples of equitable remedies.

Question 6

Which of the following is true of equity?

Accepted Answer

Law and equity have merged in modern legal systems, so the same court can award both remedies. This means that courts can award both legal remedies (such as money damages) and equitable remedies (such as injunctions or specific performance). Choice A is incorrect as equity is based on fairness and considers factors such as unconscionability and undue hardship. Choice B is incorrect as money damages are a legal remedy, not an equitable one. Choice C is incorrect as courts of equity are specifically guided by principles and maxims that have developed over centuries of legal precedent.

Question 7

Early English courts could grant only limited in the form of land, items of value, or money.

Accepted Answer

The sentence is describing the grants that early English courts could give, which are limited "in the form of land, items of value, or money." The term used to describe these grants is "remedies," which refers to a legal remedy or solution to a problem. Option B, "compensations," could be a possible answer but is not as accurate as "remedies" in this context. Options C and D, "gifts" and "bribes," are not accurate because they imply an element of voluntary giving or corruption, which is not present in the sentence.

Question 8

Which of the following is the first step you should take when researching a case of first impression?

Accepted Answer

The first step in researching a case of first impression is to determine if there is an existing law or statute that might be applicable, as this can provide a foundation for legal arguments.

Question 9

Courts consider legal principles and policies underlying previous court decisions or existing statutes, fairness, social values and customs, public policy and data, and concepts drawn from the social sciences when deciding

Accepted Answer

When courts are deciding cases of first impression, they do not have previous court decisions or existing statutes to guide them, so they must consider a broader range of factors such as legal principles, fairness, social values, public policy, and data to make their decisions.

Question 10

When deciding cases of first impression, courts may consider which of the following factors?

Accepted Answer

When deciding cases of first impression, courts may consider all the factors mentioned in the options above, including legal principles and policies underlying previous court decisions or statutes, fairness, social values and customs, and public policy. Therefore, all of the choices are correct.

Question 11

A remedy allowed by courts where remedies at law are not appropriate and that is based on rules of fairness, justice, and honesty is called a

Accepted Answer

A remedy in equity is a type of remedy that is available when legal remedies are insufficient or inadequate to provide complete relief. Courts use principles of fairness, justice, and equity to decide on such remedies. Examples of remedies in equity include specific performance, injunctions, and declaratory judgments. The other options, common law remedy, remedy at law, and civil law remedy, do not involve the equitable principles and remedies.

Question 12

Public policy is a

Accepted Answer

Public policy is a governmental policy that is shaped by widely held societal values and principles. It is designed to address complex societal problems and to promote the general welfare of the public. Policy makers often seek input from the public, experts, and other stakeholders to develop policies that reflect the values and concerns of the community. Public policy can take many forms, including laws, regulations, and executive orders, and it can be implemented at the local, state, and federal levels.

Question 13

Factors that frame a judge's decision-making process include which of the following?

Accepted Answer

Factors that frame a judge's decision-making process include unique personality, personal history, and intellectual attributes. All of these choices are correct.

Question 14

A governmental policy based on widely held societal values is known as policy.

Accepted Answer

The question specifically mentions "governmental policy based on widely held societal values," indicating that this policy will affect the public or society as a whole. Therefore, the best choice is A) public, which specifically refers to policies that are intended to benefit or affect the general public. While options B, C, and D may also apply in some contexts, they are less directly related to the given scenario.

Question 15

Developments in technology often outpace the law, resulting in cases for which there is no precedent. Such cases are referred to as

Accepted Answer

Cases for which there is no precedent are referred to as cases of first impression. This often happens when new technologies or innovations are introduced, and the law has not yet caught up with their implications. As a result, there may be no clear legal framework for assessing liability or determining appropriate remedies. Courts may look to general principles of law or analogous cases for guidance, but ultimately they must make their own decisions based on the facts before them.

Question 16

A case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction is known as

Accepted Answer

A case of first impression is a case that presents a legal issue that has not yet been addressed by a court in a particular jurisdiction. This means that there is no precedent or previous ruling in that jurisdiction to guide the decision. This type of case requires the court to carefully consider the applicable law and may result in a significant legal decision that sets a new precedent for future cases.

Question 17

Money damages are an example of a remedy

Accepted Answer

Money damages are a remedy at law, which is a legal remedy as opposed to a remedy in equity (such as an injunction or specific performance) that is granted by a court of law rather than a court of equity (chancery).

Question 18

was an advisor to the king in medieval England who received petitions for claims for which there was no adequate remedy at law.

Accepted Answer

The chancellor was the advisor to the king who received petitions for claims that could not be resolved through common law.

Question 19

were courts in which the only remedies that could be granted were money, items of value, and land, and which were distinct from courts of equity of the English courts.

Accepted Answer

Courts of law were the only courts in which monetary and land-based remedies could be granted. Courts of chancery were the courts of equity, which focused on providing non-monetary remedies such as injunctions and specific performance. International courts refer to courts that handle cases between different nations.

Question 20

Which of the following could be awarded as a remedy in an early English court?

Accepted Answer

Early English courts could award land, an item of value, or money as a remedy depending on the circumstances of the case. Therefore, all of these choices are correct.

Quiz 5: Sources of American Law