Question 1

A "tort" is defined as?

Accepted Answer

A tort is a civil wrong other than a breach of contract. It refers to the causing of damage or injury to property, a person, a person's reputation, or a person's commercial interest.

Question 2

To prevail in seeking a preliminary injunction, a plaintiff must prove all of the following elements except?

Accepted Answer

The plaintiff's likelihood of agreeing to a settlement is not a necessary element in proving the need for a preliminary injunction. The other three elements are typically required for a plaintiff to prevail in seeking a preliminary injunction.

Question 3

Which of the following would NOT be considered a primary legal resource?

Accepted Answer

Law reviews and business publications are not primary legal resources as they are secondary sources that analyze and interpret primary legal resources such as court decisions, statutes, and regulations. Primary legal resources are those sources that have binding legal authority, whereas secondary legal resources offer insights and explanations of primary legal resources.

Question 4

Once a higher court makes a decision, a lower court in that same jurisdiction must thereafter follow the rule of law established by the higher court because of the following principles.

Accepted Answer

The principles referred to in the statement are Precedent and Stare Decisis, which mandate that lower courts must follow the legal precedents set by higher courts in the same jurisdiction. This helps maintain consistency and predictability in the legal system.

Question 5

Which of the following is not an example of a secondary legal resource?

Accepted Answer

Wikipedia law review is not a recognized or authoritative legal resource. It is not written or reviewed by legal professionals or subject matter experts. It is a tertiary source of information and should not be relied on as the sole basis for legal research.

Question 6

State courts have concurrent jurisdiction where they may hear both state and federal law claims.

Accepted Answer

State courts have concurrent jurisdiction to hear both state and federal law claims, although federal courts can have exclusive jurisdiction over certain types of cases.

Question 7

The U.S. Supreme Court is not the highest court in the United States.

Accepted Answer

The U.S. Supreme Court is indeed the highest court in the United States, serving as the final arbiter of federal constitutional law.

Question 8

Courts will generally afford great deference to the interpretation of regulations rendered by the agency responsible for promulgating and enforcing those regulations.

Accepted Answer

This principle is known as Chevron deference and has been recognized by the Supreme Court in multiple cases.

Question 9

Persuasive precedent means that a trial-level court in the State of Idaho is bound to follow the case law precedent established by the Supreme Court of Washington because the Washington court is a higher level court.

Accepted Answer

Persuasive precedent means that a lower court may consider the reasoning and decisions made by a higher court, but is not required to follow them. Therefore, a trial-level court in Idaho is not bound to follow the case law precedent established by the Supreme Court of Washington.

Question 10

Arbitration can best be described as, negotiating a settlement of the dispute.

Accepted Answer

Arbitration is a legal process used to resolve disputes between parties outside of the court system. It involves the appointment of a neutral third party (arbitrator) who listens to both sides of the dispute and makes a binding decision. It is not a negotiation process, but rather a legally binding decision-making process.

Question 11

Motion of summary judgement occurs when there are no genuine issues of material fact and the judge is able to apply the facts to the law to decide the dispute.

Accepted Answer

This is because motion for summary judgement is made when there are no genuine issues of material facts, and the judge is able to apply the law to the undisputed factual record to decide the case.

Question 12

The role of the courts is to decide legal controversies by interpreting constitutions, statutes, and common law precedent.

Accepted Answer

The courts have the responsibility to interpret the law and apply it to specific cases in order to resolve legal disputes. This includes interpreting the language and meaning of constitutions, statutes, and common law precedent.

Question 13

Once a higher court makes a decision, a lower court in that same jurisdiction must thereafter follow the rule of law established by the higher court because it has become binding precedent.

Accepted Answer

This is known as the doctrine of stare decisis, which is a fundamental principle of the judicial system in common law countries.

Question 14

Assume the Supreme Court of Washington State has made the following decisions:
a. 1984: No discrimination against yellows
b. 1989: No discrimination against blues
c. 1992: OK to discriminate against squares
d. 1996: No discrimination against greens
The lowest-level trial court of Washington, which must now decide whether it is OK to discriminate against reds, may rule that such discrimination against reds is OK.

Accepted Answer

The fact that discrimination against squares was deemed acceptable in 1992 does not necessarily mean that discrimination against reds would also be deemed acceptable. Each case is decided based on its own unique facts and circumstances. Therefore, the trial court would need to consider the specific issues presented in the case regarding discrimination against reds before making a ruling.

Question 15

When the higher court in a given jurisdiction declines to hear an appeal, how does that affect the decision rendered at the level below?

Accepted Answer

The answer of When the higher court in a given...

Question 16

Explain the difference between persuasive and binding precedent and discuss the importance of being able to use analogical legal reasoning to solve business problems with legal implications.

Accepted Answer

The answer of Explain the difference between persuasive and binding...

Quiz 2: The Us Legal System and Using Legal Resources