Question 1

In Sales Distribution Corp.v.Consumer Products Co. ,the court decides that a precedent is incorrect or in?ap?plicable.The court
A)may rule contrary to the precedent.
B)must apply the precedent.
C)must ask a higher court to rule on the case.
D)must refuse to decide the case.

Accepted Answer

If the court finds a precedent to be incorrect or inapplicable, it has the power to rule contrary to the precedent. This is known as distinguishing the precedent and is a common practice in legal reasoning. However, the court must provide a clear and reasoned explanation for why the precedent is no longer applicable.

Question 2

Leona enters into a contract with Munchie Bakery to cater a sales con?fer?ence.When the conference is postponed indefinitely,Leona asks a court to cancel the contract.This request involves
A)an equitable remedy.
B)an unenforceable demand.
C)a remedy at law.
D)a type of harm.

Accepted Answer

Leona's request to cancel the contract due to the postponement of the conference involves an equitable remedy, which is a type of remedy sought when legal remedies are not adequate or feasible. In this case, it may not be fair or just to hold Leona to the terms of the contract when the conference has been postponed indefinitely.

Question 3

Standard Business Company appeals a decision against it,in favor of Fast Delivery Corporation,from a lower court to a higher court.Standard is
A)the appellant.
B)the appellee.
C)the defendant.
D)the plaintiff.

Accepted Answer

The appellant is the party who is appealing a lower court decision, which in this case is Standard Business Company.

Question 4

Diana is a state court judge.In her court,as in most state courts,she may grant in a particular case
A)a legal remedy only.
B)an equitable remedy or a legal remedy but not both.
C)equitable and legal remedies.
D)neither an equitable nor a legal remedy.

Accepted Answer

State court judges have the authority to grant both equitable and legal remedies in a particular case, depending on the circumstances. Equitable remedies, such as injunctions or specific performance, are granted by judges to address non-monetary issues or to compel a party to perform a certain action. Legal remedies, such as damages, are awarded to compensate an injured party for monetary losses incurred. Therefore, state court judges have the discretion to grant either or both types of remedies as appropriate to the case before them.

Question 5

The River City Council,the Santa Clara County Board,the Texas state legislature,and the U.S.Congress enact laws.These laws constitute
A)administrative law.
B)case law.
C)stare decisis.
D)statutory law.

Accepted Answer

Statutory law is law created by legislative bodies and may include laws enacted by local, state, and federal governments. The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress are all legislative bodies that have the power to enact laws. Therefore, the laws they create constitute statutory law.

Question 6

Krystal is a federal judge.Krystal's judicial decisions are part of case law.This law includes interpretations of primary sources of law.These sources include
A)administrative regulations.
B)articles in law reviews and other legal journals.
C)compilations summarizing court decisions on particular topics.
D)legal encyclopedias.

Accepted Answer

Administrative regulations are primary sources of law, as they are rules made by executive departments and agencies, which Krystal, as a federal judge, would interpret in her judicial decisions.

Question 7

Brian's pick-up truck collides with Miranda's semi-trailer on a county highway.Weighing Brian's liability for the collision,Rachel,a judge,reasons by analogy.To reason by analogy is to
A)compare the facts in previous cases and apply the same rule of law.
B)compile summaries of court decisions on particular topics.
C)employ logic through a major premise,a minor premise,and a conclusion.
D)proceed from one point to another with the focal point being the result.

Accepted Answer

Reasoning by analogy involves comparing the facts of previous cases and applying the same rule of law to the current case. This is the most likely approach that a judge would take in determining Brian's liability for the collision with Miranda's semi-trailer.

Question 8

Quinn is a state court judge.In the case of Royal Banners,Inc.v.Superior Flags Co. ,Quinn establishes a logical relationship by compar?ing the facts in the case to the facts in other cases and,to the ex?tent the facts are similar,applies the same rule.This is
A)deductive reasoning.
B)faulty reasoning.
C)linear reasoning.
D)reasoning by analogy.

Accepted Answer

Quinn is using reasoning by analogy by comparing the facts in this case to the facts in other cases and applying the same rule if the facts are similar.

Question 9

MaxiMart,Inc. ,is a discount retailer.MaxiMart's customer service em?ployees are on strike.Sixty of the workers block the entrances to one of MaxiMart's stores.To get them away from the doors,MaxiMart should seek
A)a clause of free exercise.
B)a decree of specific performance.
C)an injunction.
D)an order of due process.

Accepted Answer

An injunction is a legal order that requires a party to stop or refrain from doing a particular action. In this case, MaxiMart can seek an injunction to prevent the striking workers from blocking the entrances to their store, which is negatively impacting their business operations. This is the best choice as it provides a practical solution to the immediate problem at hand. A clause of free exercise or an order of due process are not relevant in this situation, and a decree of specific performance is not appropriate as it relates to contractual obligations, which are not relevant in this scenario.

Question 10

Julius is a judge.How the Julius and the judges in other courts interpret a particular statute determines
A)how that statute will be applied.
B)how the law needs to be changed.
C)how the common law should be codified.
D)nothing.

Accepted Answer

As a judge, Julius and other judges in different courts have the responsibility to interpret the law and determine how a particular statute should be applied in a given case. This interpretation will determine the outcome of the case and set a precedent for future cases involving the same statute. Therefore, their interpretation of the statute has a direct impact on how the law is applied.

Question 11

To Serena,the written law of a particular society at a particular time is most signifi?cant.Serena is
A)a legal positivist.
B)a legal rationalist.
C)a legal realist.
D)a person who adheres to the natural law tradition.

Accepted Answer

Serena's belief that the written law of a particular society is most significant aligns with the legal positivist perspective, which emphasizes the importance of the positive law enacted by the relevant political authorities.

Question 12

Eliza is a state court judge.Flora appears in a case in Eliza's court,claim?ing that Glover breached a contract.As in most state courts,Eliza may
A)award damages or cancel the contract.
B)award damages only.
C)cancel the contract only.
D)neither award damages nor cancel the contract.

Accepted Answer

As a state court judge, Eliza has the authority to award damages to the plaintiff or cancel the contract if it was breached by Glover. Therefore, option A is the best choice. Option B is incorrect because cancelling the contract is also a possible remedy in state courts. Option C is incorrect because awarding damages is also a possible remedy. Option D is also incorrect because state courts have the authority to award damages or cancel the contract.

Question 13

The title of a case appears as "Duck Down Corp.v.Egret Feathers Co." The party in whose favor the case was decided
A)could be either party.
B)might be neither party.
C)must be Duck.
D)must be Egret.

Accepted Answer

The party in whose favor the case was decided is not necessarily either party. It could be a third party, or the case could have been dismissed without a decision.

Question 14

If a provision in the Florida state constitution conflicts with a provision in the U.S.Constitution
A)neither provision applies.
B)the provisions are balanced to reach a compromise.
C)the state constitution takes precedence.
D)the U.S.Constitution takes precedence.

Accepted Answer

The U.S. Constitution is the supreme law of the land, and any provision in a state constitution must be in line with it. Therefore, in case of a conflict, the U.S. Constitution takes precedence over the state constitution.

Question 15

The federal government and the state governments constitute the U.S.le?gal system.This system is based on the legal system of
A)Ancient Greece.
B)continental European nations.
C)England.
D)predominantly Muslim countries.

Accepted Answer

The U.S. legal system is based on the common law system of England. Many aspects of American law, including the structure of the court system and principles of contract and tort law, were influenced by English law.

Question 16

The South Carolina Supreme Court decides the case of Toy Co.v.Umbrella Corp.The court issues an opinion that does not indicate which justice authored it.This opinion is
A)a concurring opinion.
B)a dissenting opinion.
C)an en banc decision.
D)a per curiam opinion.

Accepted Answer

A per curiam opinion is an opinion issued by an appellate court that does not specify the name of the judge who wrote the opinion. This is often done in cases where the court is unanimous in its decision or where the decision is straightforward and does not require extensive legal analysis.

Question 17

The U.S.Congress enacts a new federal statute that imposes liability on businesses emitting significant amounts of a certain pollutant into the environment.This statute applies
A)only to matters not covered by state law.
B)only to those states that adopt the statute.
C)to all of the states.
D)to none of the states.

Accepted Answer

The federal statute applies to all states, as it is a federal law and it supersedes any existing state laws on the same matter. Therefore, it does not depend on state adoption or the absence of state laws.

Question 18

Jill is an appellate court judge.In this capacity,Jill establishes a rule of law.Under the doctrine of stare decisis,the principle must be adhered to by
A)all courts.
B)courts of lower rank only.
C)that court and courts of lower rank.
D)that court only.

Accepted Answer

Under the doctrine of stare decisis, a principle established by an appellate court must be adhered to by that court and courts of lower rank. Therefore, the principle established by Jill must be followed by the same court and all courts below it.

Question 19

In a suit against Owen over the performance of their contract,Phil ob?tains specific performance.This is
A)an order to do or to refrain from doing a particular act.
B)an order to perform what was promised.
C)a payment of money or property as compensation.
D)the cancellation of a contract.

Accepted Answer

Specific performance is an equitable remedy where a court orders a party to perform their contractual obligations as promised. Therefore, the correct option is B - an order to perform what was promised.

Question 20

As a judge,Nina decides cases that involve principles of various sources of law.Common law is
A)administrative law.
B)case law.
C)civil law.
D)statutory law.

Accepted Answer

Common law refers to legal principles established through court cases rather than through written laws or regulations. Therefore, it is case law. Administrative law refers to laws and regulations created by governmental agencies. Civil law refers to a legal system based on a written code of laws, and statutory law refers to laws enacted by legislative bodies.

Quiz 1: A: Introduction to Law and Legal Reasoning

In Sales Distribution Corp.v.Consumer Products Co. ,the court decides that a precedent is incorrect or in?ap?plicable.The court

Leona enters into a contract with Munchie Bakery to cater a sales con?fer?ence.When the conference is postponed indefinitely,Leona asks a court to cancel the contract.This request involves

Standard Business Company appeals a decision against it,in favor of Fast Delivery Corporation,from a lower court to a higher court.Standard is

Diana is a state court judge.In her court,as in most state courts,she may grant in a particular case

The River City Council,the Santa Clara County Board,the Texas state legislature,and the U.S.Congress enact laws.These laws constitute

Krystal is a federal judge.Krystal's judicial decisions are part of case law.This law includes interpretations of primary sources of law.These sources include

Brian's pick-up truck collides with Miranda's semi-trailer on a county highway.Weighing Brian's liability for the collision,Rachel,a judge,reasons by analogy.To reason by analogy is to

Quinn is a state court judge.In the case of Royal Banners,Inc.v.Superior Flags Co. ,Quinn establishes a logical relationship by compar?ing the facts in the case to the facts in other cases and,to the ex?tent the facts are similar,applies the same rule.This is

MaxiMart,Inc. ,is a discount retailer.MaxiMart's customer service em?ployees are on strike.Sixty of the workers block the entrances to one of MaxiMart's stores.To get them away from the doors,MaxiMart should seek

Julius is a judge.How the Julius and the judges in other courts interpret a particular statute determines

To Serena,the written law of a particular society at a particular time is most signifi?cant.Serena is

Eliza is a state court judge.Flora appears in a case in Eliza's court,claim?ing that Glover breached a contract.As in most state courts,Eliza may

The title of a case appears as "Duck Down Corp.v.Egret Feathers Co." The party in whose favor the case was decided

If a provision in the Florida state constitution conflicts with a provision in the U.S.Constitution

The federal government and the state governments constitute the U.S.le?gal system.This system is based on the legal system of

The South Carolina Supreme Court decides the case of Toy Co.v.Umbrella Corp.The court issues an opinion that does not indicate which justice authored it.This opinion is

The U.S.Congress enacts a new federal statute that imposes liability on businesses emitting significant amounts of a certain pollutant into the environment.This statute applies

Jill is an appellate court judge.In this capacity,Jill establishes a rule of law.Under the doctrine of stare decisis,the principle must be adhered to by

In a suit against Owen over the performance of their contract,Phil ob?tains specific performance.This is

As a judge,Nina decides cases that involve principles of various sources of law.Common law is