Question 1

Henry and Barbara were sharing a Kool-Aid,and they were alarmed to find what seemed to be a plastic object floating inside the drink.Distressed and nauseated,they rushed to the hospital.On a doctor's suggestion,they underwent several tests.In the meantime,in an action for torts,Kool-Aid analysts proved that the object found in the bottle was indeed a sugar mould.Under the given circumstances,will Henry and Barbara get relief for emotional distress in an action for tort,when no damage has occurred?

Accepted Answer

Whenever the plaintiff demonstrates a causal relationship between the negligent act and the reasonably foreseeable mental and emotional suffering,damages are recoverable.

Question 2

Which technique of statutory interpretation was most emphasized (and used)in the Weber case in the text (Problem 2)?

Accepted Answer

Title VII of the Civil Rights Act of 1964.Section 703(a)of the Act states: "It shall be an unlawful employment practice for an employer...to discriminate against any individual with respect to his compensation,terms,conditions,or privileges of employment,because of such individual's race,color,religion,sex,or national origin." Weber's application was rejected because of the presence of the affirmative action feature under which 50 percent of the trainees had to be Black.Hence,in case of a conflict between the two features,the court followed the "plain meaning rule" of the Civil Rights Act of 1964.

Question 3

What do courts begin their interpretation of a clearly worded statute with?

Accepted Answer

Courts begin their interpretation of a statute with its actual language.If the statute's words have a clear,common,accepted meaning,courts often employ the plain meaning rule.

Question 4

The doctrine of standing to sue implies that:

Accepted Answer

The doctrine of standing to sue,requires that the plaintiff have some direct,tangible,and substantial stake in the outcome of the litigation.

Question 5

Sociological jurisprudence has a tendency to say that,when interpreting and applying the law,courts should pay attention to changing social values and let the law reflect those new values.How is this different from the natural law approach,which also talks about values?

Accepted Answer

The answer of Sociological jurisprudence has a tendency to say...

Question 6

What is the main argument for avoiding a statute's plain meaning or legislative history of,and instead following prior interpretation in a case?

Accepted Answer

Courts sometimes follow prior cases and administrative decisions interpreting a statute,regardless of the statute's plain meaning or legislative history.The main argument for following these prior interpretations is to promote stability and certainty.

Question 7

What do statutes and administrative regulations have in common?

Accepted Answer

The answer of What do statutes and administrative regulations have...

Question 8

The Supreme Court once denied tax-exempt status to a private university that discriminated on the basis of race.Which of the following is likely to have influenced or guided the interpretation of the statute relevant to this case?

Accepted Answer

Courts sometimes construe statutory language in the light of various general public purposes.These purposes are not the purposes underlying the statute in question;rather,they touch upon general notions of public policy.

Question 9

Cases are said to be _____ when there no longer is a real dispute between the parties.

Accepted Answer

Courts may also refuse to decide cases that are moot,i.e. ,there no longer is a real dispute between the parties.

Question 10

What are legal rules in prior cases called?

Accepted Answer

According to the doctrine of stare decisis,like cases must be decided alike.Appropriate legal rules from earlier cases are called precedents.

Question 11

Which of the following is false about the power of courts?

Accepted Answer

A fundamental limit on the power of courts is that they cannot make or interpret laws until parties present them with a case to decide.

Question 12

Evan plans to open a Company named "Maryland" for which her trademark is "M".This trademark in no way resembles the famous McDonald's Trademark.However,she fears that the latter might think otherwise and sue her in future.Evan wants to take no risk and hence seeks the court's judgment on the issue.Can she do it?

Accepted Answer

State and federal declaratory judgment statutes,however,allow parties to determine their rights and duties even though their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.

Question 13

_____ are general rules of thumb employed in statutory interpretations.

Accepted Answer

Maxims are general rules of thumb employed in statutory interpretation.

Question 14

Lido adopted a policy under which its employees aged over 50 years would be given the preference of availing company sponsored transport facility.Marina,aged 55 years,was provided transport facility.However Henry,aged 46 years,was denied the same.Henry challenged the company policy as violative of the Age Discrimination in Employment Act (ADEA)which forbids discriminatory preferences for the young over the old.Will Henry succeed in the court of law?

Accepted Answer

This is valid as per the general public purpose rule.It has been implemented for the benefit of a segment of society.

Question 15

Which of the following lets courts help parties determine their rights and duties even though neither may yet have been harmed,so long as there is a real case or controversy between them?

Accepted Answer

State and federal declaratory judgment statutes,however,allow parties to determine their rights and duties even though their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.

Question 16

Which of the following allows parties to determine their rights and duties even though their controversy has not advanced to the point where harm has occurred and legal relief may be necessary?

Accepted Answer

State and federal declaratory judgment statutes,allow parties to determine their rights and duties even though their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.This enables them to determine their legal position without taking action that could expose them to liability.

Question 17

What are courts and administrative agencies expected to do in case they encounter ambiguously worded statutes while deciding a case?

Accepted Answer

The natural ambiguity of language serves as one reason courts face difficulties when interpreting statutes.When this happens,the legislature expects courts and/or administrative agencies to fill in the details on a case-by-case basis.

Question 18

Explain the position adopted by legal positivists regarding law.

Accepted Answer

The answer of Explain the position adopted by legal positivists...

Quiz 1: The Nature of Law

Which technique of statutory interpretation was most emphasized (and used) in the Weber case in the text (Problem 2) ?