Question 1

_____ are general rules of thumb employed in statutory interpretations.

Accepted Answer

Maxims are general principles or rules of thumb that guide statutory interpretation. They are often used by judges to help interpret unclear or ambiguous language in statutes. Examples of maxims include "the express mention of one thing excludes all others" and "the law does not concern itself with trifles."

Question 2

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

Accepted Answer

Following prior interpretation promotes stability and certainty in the law, as it allows for consistency in how the law is applied over time. This helps prevent confusion and uncertainty in the legal system. Additionally, plain meaning and legislative history can themselves be subject to debate and interpretation, making reliance on prior interpretation a more reliable approach. Time-saving is not the main argument for following prior interpretation.

Question 3

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 4

What are legal rules in prior cases called?

Accepted Answer

Legal rules in prior cases are called precedents, which means that similar cases should be decided in the same way as previously decided cases. Statutes are laws passed by legislature, first impressions refer to initial opinions, and uniform laws aim to create consistent laws across different states.

Question 5

Explain the position adopted by legal positivists regarding law.

Accepted Answer

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

Question 6

What is the significance of the instrumentalist attitude in implementing the law?

Accepted Answer

The answer of What is the significance of the instrumentalist...

Question 7

Henry and Barbara were sharing a Cool-Ayd cold drink, and were alarmed to find what seemed to be a plastic object floating inside the drink. Distressed and nauseated, they rushed to the hospital to undergo tests. On their doctor's suggestion, they also underwent several tests. In the meantime, in an action for torts, Cool-Ayd 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

Damages for emotional distress should be recoverable even in the absence of a physical injury-producing impact. The fact that Henry and Barbara had to undergo tests and were distressed proves that they suffered emotional distress. Therefore, they are entitled to relief in an action for tort. Option A is incorrect because the impact rule does not apply in cases of emotional distress. Option B is incorrect because consumers do not have a duty to inspect the contents of a product before consuming it.

Question 8

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 does not want to take any risk and hence seeks the court's judgment on the issue. Can she do it?

Accepted Answer

The best choice is B because the state and federal declaratory judgment statutes allow individuals to seek clarification on potential legal issues before a lawsuit is filed against them. This is a proactive approach to prevent any future legal disputes. Therefore, Evan can seek a declaratory judgment from the court to clarify whether her trademark "M" infringes on McDonald's trademark.

Question 9

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

Accepted Answer

Courts cannot make or interpret law in the absence of a case. They can only interpret and apply existing laws to specific cases before them.

Question 10

The doctrine of standing to sue requires that:

Accepted Answer

The doctrine of standing to sue mandates that the plaintiff must have a significant interest or stake in the outcome of the litigation. The other options, namely A, C, and D, are important considerations in determining the merits of a case but are not directly related to the concept of standing.

Question 11

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

The answer of Lido adopted a policy under which its...

Question 12

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

Accepted Answer

Courts and administrative agencies are expected to interpret ambiguously worded statutes on a case-to-case basis and use various tools of statutory interpretation, such as legislative history, prior judicial decisions, and purpose of the statute, to fill in the gaps and provide meaning to the unclear language. Keeping the statute aside or referring to a different statute would not be helpful in this situation. Initiating a debate in the legislature is also not typically the role of the courts or administrative agencies.

Question 13

Analyze the liability of Internet Service Provider under Section 230 of Communications Decency Act (CDA) from the cases of Chicago Lawyers Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc., and Fair Housing Councils of San Fernando Valley v.Roommates.com, LLC.

Accepted Answer

The answer of Analyze the liability of Internet Service Provider...

Question 14

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

A declaratory judgment allows parties to obtain a court decision on their rights and duties in a particular situation before harm has occurred, allowing them to clarify their legal position and potentially avoid litigation. Ejusdemgeneris refers to the principle of construing general words in a statute by reference to the specific words that precede them, standing to sue refers to the requirement that a party has a legally protected interest in a controversy before they can bring a lawsuit, and precedents are previous court decisions that serve as a guide for future cases.

Question 15

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

Accepted Answer

The answer of Which technique of statutory interpretation was most...

Question 16

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

Accepted Answer

In legal terms, a case becomes moot when there is no longer a real dispute between the parties, usually because the issue has already been resolved or because intervening events have made it impossible for a court to grant any meaningful relief.

Question 17

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 widely accepted general notions of public policy.

Question 18

What do statutes and administrative regulations have in common?

Accepted Answer

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

Question 19

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

Accepted Answer

Courts typically begin their interpretation of a clearly worded statute with its plain meaning, as it is the most authoritative indicator of legislative intent. While legislative history and records of legislative debates may be considered if the plain meaning of the statute is ambiguous or unclear, they are not the starting point for interpretation. Amendments may also be considered, but only if they shed light on the original meaning and intent of the statute.

Question 20

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

A declaratory judgment statute allows courts to issue a judgment determining the rights and duties of parties in a real case or controversy, even if neither party has yet been harmed. This can help prevent future disputes and clarify legal obligations.

Quiz 1: The Nature of Law