Question 1

Fact Pattern 1-A1
The Texas Supreme Court decides the case of Livewire Entertainment Co.v.Power Play Corp.Of nine justices,six believe the judgment should be in Livewire's fa?vor.Justice Bellamy,one of the six,writes a separate opinion.The four justices who be?lieve the judgment should be in Power's favor join in a third separate opinion.
-Refer to Fact Pattern 1-A1.Bellamy's opin?ion is known as
A)a concurring opinion.
B)a dissenting opinion.
C)a majority opinion.
D)a per curiam opinion.

Accepted Answer

Bellamy's opinion agrees with the outcome reached by the majority opinion (which is in Livewire's favor), but he writes a separate opinion to express his own reasoning or analysis. This is known as a concurring opinion.

Question 2

In Export Co.v.Imports,Inc. ,there is no precedent on which the court can base a decision.The court can consider,among other things,
A)neither public policy nor social values.
B)public policy only.
C)public policy or social values.
D)social values only.

Accepted Answer

In the absence of precedent, the court can consider public policy or social values or both as a basis for its decision. Therefore, choice C (public policy or social values) is the best answer.

Question 3

In an action against Elin,Frank obtains a remedy.This is
A)an administrative agency's enforcement of its rule.
B)a principle of the law derived from earlier court cases.
C)a statute enacted by a state legislature or Congress.
D)the legal means to recover a right or to redress a wrong.

Accepted Answer

Obtaining a remedy refers to the legal means to recover a right or to redress a wrong. This can be done through various legal actions such as filing a lawsuit, seeking arbitration, or going through alternative dispute resolution methods. It does not refer to an administrative agency's enforcement of its rules, a legal principle derived from earlier court cases, or a statute enacted by a state legislature or Congress.

Question 4

In a suit against Vladimir over the performance of a contract,Wyler obtains rescission.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

Rescission is the cancellation of a contract, which means that the parties are released from their obligations and any money or property exchanged is returned to its original owner.

Question 5

The Federal Trade Commission is a government agency that issues rules,orders,and decisions.The Georgia state legislature enacts stat?utes.The Jackson County Board and the Peach City Council enacts or?dinances.Administrative law includes
A)all law that affects a business's operation.
B)the rules,orders,and decisions of the Federal Trade Commission.
C)statutes enacted by the Georgia state legislature.
D)ordinances created by the Jackson County Board and the city coun?cil of Peach City,Georgia.

Accepted Answer

The answer of The Federal Trade Commission is a government...

Question 6

Hawaii enacts a state law that violates the U.S.Constitution.This law can be enforced by
A)no one.
B)the federal government only.
C)the state of Hawaii only.
D)the United States Supreme Court only.

Accepted Answer

The answer of Hawaii enacts a state law that violates...

Question 7

The legislature of the state of Mississippi enacts a new statute that sets stan?dards for the liability of businesses selling defective products.This statute applies
A)only in Mississippi.
B)only in Mississippi and its border states.
C)in all states.
D)in all states but only to matters not covered by other states' laws.

Accepted Answer

The legislature of the state of Mississippi enacted the statute, which means it only applies within the state of Mississippi. Therefore, choice A is the correct answer.

Question 8

In a suit against Sandy,Tippy obtains damages.In the U.S.legal system,this remedy at law is
A)equitable.
B)normal.
C)unlikely.
D)unusual.

Accepted Answer

Obtaining damages is a normal remedy at law in the U.S. legal system.

Question 9

Fact Pattern 1-A1
The Texas Supreme Court decides the case of Livewire Entertainment Co.v.Power Play Corp.Of nine justices,six believe the judgment should be in Livewire's fa?vor.Justice Bellamy,one of the six,writes a separate opinion.The four justices who be?lieve the judgment should be in Power's favor join in a third separate opinion.
-Refer to Fact Pattern 1-A1.These opinions are collected and published in volumes called
A)citations.
B)codes.
C)reporters.
D)reviews.

Accepted Answer

Opinions from courts are collected and published in volumes called reporters, which are organized by jurisdiction and court.

Question 10

Lewis is a state court judge.Like other judges,Lewis often refers to secondary sources of law for guidance.These sources include
A)official comments to statute.
B)other states' statutes.
C)state constitutions.
D)the U.S.Constitution.

Accepted Answer

The answer of Lewis is a state court judge.Like other...

Question 11

The Securities Exchange Commission is an administrative agency.The chief purpose of such agencies is to
A)act as liaisons between federal and state governments.
B)impose uniform laws on the states.
C)perform specific government functions.
D)standardize laws for the executive and judicial branches.

Accepted Answer

Administrative agencies are created by Congress to perform specific government functions, such as regulating industries, enforcing laws and regulations, and providing oversight of various activities. The Securities Exchange Commission, for example, is responsible for protecting investors, maintaining fair and efficient markets, and facilitating capital formation.

Question 12

Maggie and Nate enter into a contract for the sale of car,but Nate later refuses to deliver the goods.Maggie asks a court to order Nate to perform as promised.Ordering a party to perform what was promised is
A)an equitable remedy.
B)an unenforceable demand.
C)a remedy at law.
D)a type of harm.

Accepted Answer

Ordering a party to perform as promised is known as specific performance, which is an equitable remedy. Equitable remedies are granted at the discretion of the court and are designed to provide fair outcomes in situations where legal remedies may not be sufficient.

Question 13

In a suit against Corbin,Donatella obtains damages.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

Donatella is being awarded damages which is a payment of money or property as compensation.

Question 14

Craig is a state court judge.In his court,as in most state courts,legal and equitable remedies have merged.But it is important to distinguish between equitable and legal remedies
A)because neither type of remedy can be granted today.
B)for no good reason.
C)to negotiate an enforceable business contract.
D)to request a proper remedy.

Accepted Answer

Distinguishing between equitable and legal remedies is important in order to request the proper remedy in a legal dispute. Depending on the nature of the dispute, different types of remedies may be appropriate, and understanding the differences between equitable and legal remedies can help parties and their attorneys make effective arguments in court.

Question 15

In a suit against Evan,Floyd obtains an injunction.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

An injunction is an order from a court that requires a person to do or refrain from doing a particular act. It is issued to prevent harm or further harm from occurring.

Question 16

Fact Pattern 1-A1
The Texas Supreme Court decides the case of Livewire Entertainment Co.v.Power Play Corp.Of nine justices,six believe the judgment should be in Livewire's fa?vor.Justice Bellamy,one of the six,writes a separate opinion.The four justices who be?lieve the judgment should be in Power's favor join in a third separate opinion.
-Refer to Fact Pattern 1-A1.The opin?ion joined by the four justices who favor Power is known as
A)a concurring opinion.
B)a dissenting opinion.
C)a majority opinion.
D)a per curiam opinion.

Accepted Answer

The opinion joined by the four justices who favor Power is known as a dissenting opinion, as it goes against the majority opinion.

Question 17

A federal statute regulates an employment practice.To resolve a dispute concerning the practice,Paula,a judge,will most likely apply
A)a common law doctrine that applied before the statute was enacted.
B)a common law doctrine that applies to other,different practices.
C)Paula's personal philosophy of law.
D)the statute.

Accepted Answer

When a federal statute regulates an employment practice, any dispute concerning the practice must be resolved by applying the statute itself. Judges are required to apply the law as written, and not their personal philosophy or common law doctrines that may have applied before the statute was enacted or to other different practices.

Question 18

As a judge,Diane applies common law rules.These rules develop from
A)decisions of the courts in legal disputes.
B)regulations issued by administrative agencies.
C)statutes enacted by Congress and the state legislatures.
D)uniform laws drafted by legal scholars.

Accepted Answer

Common law rules are developed through the decisions of the courts in legal disputes. This is in contrast to statutes enacted by Congress and state legislatures, regulations issued by administrative agencies, and uniform laws drafted by legal scholars.

Question 19

Anchorage Marina in Bay Harbor sponsors a fishing tournament that the crew of the Chimera enters.The prizes include cash and discount certificates for nautical equipment.Under the principles discussed in "A Sample Court Case," Fehr v.Algard,the offer of a prize in a contest is
A)a binding contract in favor of a contestant who complies by the rules.
B)a duty to be obeyed that is defined by the risk perceived.
C)an equitable remedy that a modern trial court may or may not grant.
D)a wager in favor of its offeror that is unenforceable at law.

Accepted Answer

The principles discussed in "A Sample Court Case," Fehr v. Algard, establish that the offer of a prize in a contest creates a binding contract in favor of a contestant who complies with the rules. Therefore, choice A is the correct answer.

Question 20

In Ben v.City Car Dealership,a state supreme court held that a minor could cancel a con?tract for the sale of a car.Now a trial court in the same state is decid?ing Daphne v.Even Steven Auto Deals,Inc. ,,a case with similar facts.Under the doctrine of stare de?cisis,the trial court is likely to
A)allow the minor to cancel the contract.
B)disregard the previous case.
C)order the minor to cancel the contract.
D)require the minor to fulfill the contract.

Accepted Answer

The doctrine of stare decisis means that courts should follow precedent and previous decisions made by higher courts in similar cases. In this case, the state supreme court decision in Ben v. City Car Dealership established that minors can cancel contracts for the sale of a car. Therefore, the trial court in Daphne v. Even Steven Auto Deals, Inc. is likely to follow this precedent and allow the minor to cancel the contract.

Quiz 1: B: Introduction to Law and Legal Reasoning

In Export Co.v.Imports,Inc. ,there is no precedent on which the court can base a decision.The court can consider,among other things,

In an action against Elin,Frank obtains a remedy.This is

In a suit against Vladimir over the performance of a contract,Wyler obtains rescission.This is

The Federal Trade Commission is a government agency that issues rules,orders,and decisions.The Georgia state legislature enacts stat?utes.The Jackson County Board and the Peach City Council enacts or?dinances.Administrative law includes

Hawaii enacts a state law that violates the U.S.Constitution.This law can be enforced by

The legislature of the state of Mississippi enacts a new statute that sets stan?dards for the liability of businesses selling defective products.This statute applies

In a suit against Sandy,Tippy obtains damages.In the U.S.legal system,this remedy at law is

Lewis is a state court judge.Like other judges,Lewis often refers to secondary sources of law for guidance.These sources include

The Securities Exchange Commission is an administrative agency.The chief purpose of such agencies is to

Maggie and Nate enter into a contract for the sale of car,but Nate later refuses to deliver the goods.Maggie asks a court to order Nate to perform as promised.Ordering a party to perform what was promised is

In a suit against Corbin,Donatella obtains damages.This is

Craig is a state court judge.In his court,as in most state courts,legal and equitable remedies have merged.But it is important to distinguish between equitable and legal remedies

In a suit against Evan,Floyd obtains an injunction.This is

A federal statute regulates an employment practice.To resolve a dispute concerning the practice,Paula,a judge,will most likely apply

As a judge,Diane applies common law rules.These rules develop from

Anchorage Marina in Bay Harbor sponsors a fishing tournament that the crew of the Chimera enters.The prizes include cash and discount certificates for nautical equipment.Under the principles discussed in "A Sample Court Case," Fehr v.Algard,the offer of a prize in a contest is

In Ben v.City Car Dealership,a state supreme court held that a minor could cancel a con?tract for the sale of a car.Now a trial court in the same state is decid?ing Daphne v.Even Steven Auto Deals,Inc. ,,a case with similar facts.Under the doctrine of stare de?cisis,the trial court is likely to