Question 1

Which of the following is not ordinarily a part of a reported opinion?

Accepted Answer

The names of the attorneys representing the parties are not ordinarily a part of a reported opinion. Reported opinions typically focus on the essential facts, relevant pleadings, and the application of legal principles, rather than on the specific attorneys involved.

Question 2

Which of the following is correct regarding the English courts of equity?

Accepted Answer

Courts of equity could issue decrees ordering a defendant to do or refrain from specific acts, known as equitable remedies, such as injunctions or specific performance, unlike courts of law which primarily awarded monetary damages.

Question 3

Identify three essential functions of law.

Accepted Answer

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Question 4

You have just been asked to serve as a host for a visitor from France who is very interested in the American legal system and the formation of law in the United States. How would you explain the system of law in this country to your guest?

Accepted Answer

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Question 5

The doctrine of stare decisis means that:

Accepted Answer

The doctrine of stare decisis is a legal principle that obligates courts to follow the precedents set by previous decisions. It ensures that similar cases are decided in a consistent manner, thereby providing stability and predictability in the law.

Question 6

Explain how the terms civil law and civil law system differ.

Accepted Answer

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Question 7

What is law? Discuss the various definitions of law by legal scholars. What is the relationship between law and morality and between law and justice?

Accepted Answer

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Question 8

Which of the following is correct with regard to treaties in the United States legal system?

Accepted Answer

Under the U.S. Constitution, treaties are agreements with foreign nations that must be signed by the President and then receive the advice and consent of the Senate, with a two-thirds majority required for approval. This process gives treaties the force of law within the United States legal system.

Question 9

Compare and contrast civil and criminal law. Include in your discussion definitions, how the cases are commenced, the purposes of civil and criminal law, the burdens of proof, and principal sanctions.

Accepted Answer

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Question 10

The category of law that creates, defines, and regulates legal rights and obligations is known as:

Accepted Answer

Substantive law is the set of laws that governs how members of a society are to behave. It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law. It deals with the core principles of law, whereas procedural law deals with the process through which the law is enforced.

Question 11

What is stare decisis ? Discuss its role in the American legal system.

Accepted Answer

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Question 12

A decision of an appeals court in Minnesota would be recorded in the:

Accepted Answer

The decisions of an appeals court in Minnesota would be recorded in the North Western regional reporter, which publishes appellate court decisions from several Midwestern states, including Minnesota. State statutory codes contain statutes passed by the legislature, administrative codes contain regulations from state agencies, and the Federal Supplement reports decisions from federal district courts, not state courts.

Question 13

The party who files an appeal is the:

Accepted Answer

The party who files an appeal is known as the appellant, regardless of whether they were the plaintiff or defendant in the original case.

Question 14

What are the various sources of American law? Discuss how these various laws interrelate to form the system of law in the United States.

Accepted Answer

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Question 15

In the common law system of the United States, the reported opinion in a case provides what specific information that can be used to understand and apply legal analysis?

Accepted Answer

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Question 16

The __________ is a group composed of lawyers, judges, and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States."

Accepted Answer

The American Law Institute (ALI) is responsible for creating restatements of the law, model statutes, and principles of law that aim to clarify, modernize, and otherwise improve the law.

Quiz 1: Introduction to Law