Question 1

ALR is a series of books that contain the text of selected court opinions, along with scholarly commentaries on the opinions.

Accepted Answer

ALR stands for American Law Reports and it is a widely used series of books that provide in-depth analysis and commentary on selected court opinions. The books include the full text of the opinions as well as expert commentary from legal scholars.

Question 2

Mandatory authority is a non-law source that a court may rely on when reaching a decision.

Accepted Answer

Mandatory authority refers to sources of law, such as statutes or higher court decisions, that a court must follow when making its decision.

Question 3

Law reviews are usually published by law schools.

Accepted Answer

Law reviews are typically published by law schools or legal organizations affiliated with law schools.

Question 4

A constitution is not an example of enacted law.

Accepted Answer

The answer of A constitution is not an example of...

Question 5

The term case law does not encompass a broader range of law than the term common law.

Accepted Answer

The term common law refers to the body of law that has developed through judicial decisions, while case law specifically refers to the law that has been established through previous court cases. Therefore, case law is a subset of common law, and the term common law encompasses a broader range of law than the term case law.

Question 6

Decisions of the highest court in a state are examples of common law.

Accepted Answer

Yes, decisions of the highest court in a state are examples of common law because they establish precedent for future cases and help to shape the legal principles of that state. Common law refers to the body of legal principles and doctrines that have developed through the decisions of courts and other legal institutions over time, as opposed to statutory law which is created by legislatures.

Question 7

A court of appeals may review new evidence when considering a matter on appeal.

Accepted Answer

A court of appeals is only allowed to consider the evidence that was presented during the trial in the lower court. They are not allowed to consider new evidence that was not considered in the original trial. The purpose of an appeal is to review the legal process and the application of the law in the original trial, not to introduce new evidence.

Question 8

Administrative law is usually more specific than statutory law.

Accepted Answer

Administrative law regulates the activities of administrative agencies and is more specific than statutory law, which usually provides broad guidelines and principles for administrative agencies to follow. Administrative law often involves detailed procedural rules, specific requirements for decision-making, and outlines of the scope of authority of administrative agencies.

Question 9

Not all primary authority is mandatory authority.

Accepted Answer

Primary authority refers to sources of law that come from a governing body, such as statutes or case law. Mandatory authority is primary authority that must be followed by a court or other decision-making body. However, not all primary authority is mandatory authority. Some primary authority, such as persuasive authority or merely informative materials, may be considered helpful or influential, but not necessarily binding.

Question 10

Personal jurisdiction is the extent of a court's authority to hear and resolve specific disputes.

Accepted Answer

The answer of Personal jurisdiction is the extent of a...

Question 11

Because of the doctrines of stare decisis and precedent, courts can be relied on to reach the same decision on an issue as earlier courts when the cases are sufficiently similar.

Accepted Answer

Stare decisis and precedent are legal principles that require courts to follow earlier decisions on similar issues. As a result, courts can generally be relied on to reach the same decision as earlier courts when the cases are sufficiently similar.

Question 12

A decision of a state court of appeals is an example of primary authority.

Accepted Answer

A decision of a state court of appeals is a binding legal authority on lower courts within the same jurisdiction, making it a primary authority.

Question 13

A Restatement of the Law is valuable as a research tool because it provides a comprehensive treatment of a specific area of the law.

Accepted Answer

The answer of A Restatement of the Law is valuable...

Question 14

For a court opinion to be mandatory authority, it must be on point and it must be written by a higher court in the jurisdiction.

Accepted Answer

A court opinion is only considered mandatory authority if it directly addresses the issue in question and is written by a higher court within the same jurisdiction.

Question 15

The U.S. District Court is the main trial court in the federal system.

Accepted Answer

The U.S. District Court is the primary trial court in the federal system, with 94 district courts located throughout the United States, Puerto Rico, and the Virgin Islands.

Question 16

Legal dictionaries include definitions of legal terms and commentaries on the definitions.

Accepted Answer

The answer of Legal dictionaries include definitions of legal terms...

Question 17

The doctrine of stare decisis requires lower courts to follow the decision of a higher court in a jurisdiction in cases involving similar issues and facts.

Accepted Answer

Stare decisis is a legal doctrine that requires lower courts to follow the decisions of higher courts on cases that involve similar issues and facts. This helps to maintain consistency and predictability in the legal system.

Question 18

The U.S. Supreme Court may declare laws enacted by state legislatures unconstitutional.

Accepted Answer

The U.S. Supreme Court has the power to declare laws enacted by state legislatures unconstitutional if they violate the U.S. Constitution. This power is known as judicial review.

Question 19

Secondary authority cannot be mandatory authority.

Accepted Answer

Secondary authority includes sources such as law review articles, treatises, and other commentary on the law. While they may be persuasive and helpful, they are not binding and cannot be relied upon as mandatory authority. Only primary sources such as statutes, regulations, and prior case law establish mandatory authority.

Question 20

If times have changed and there is good reason not to follow a prior decision of a higher court, a lower court may choose not to follow the precedent of a higher court in the jurisdiction.

Accepted Answer

A lower court is generally bound by the precedent set by a higher court in the same jurisdiction, even if circumstances have changed, unless the higher court itself overturns the precedent.

Quiz 1: Introduction to Legal Principles and Authorities and the Research Process