Exam 1: Introduction to Law and Legal Reasoning

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Fact Pattern 1-A1 The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, six believe the judgment should be in National's fa?vor. Justice Peel, one of the six, writes a separate opinion. The four justices who believe the judgment should be in Overseas's favor join in a third separate opinion. -Refer to Fact Pattern 1-A1. Peel's opin?ion is known as

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A

Constitutional law includes only the U.S. Constitution.

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

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How the courts interpret a statute determines how that statute is applied.

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Most state trial court decisions are not published.

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Gary is a state court judge. In his court, as in most state courts, he may grant

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Courts often rely on the common law as a guide to interpreting legislation.

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A state trial court has before it Eagle Manufacturing Co. v. Fine Products Corp., a case of first impression. The court can

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Areas of the law not governed by statutory or administrative law are

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Equity is a branch of unwritten law that seeks to supply remedies other than damages.

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A court's direction to a party to stop doing a particular act is a rescission.

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Whether a law is constitutional depends on its source.

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

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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

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The Federal Trade Commission developed the Uniform Commercial Code.

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A reference to "28 U.S.C. Section 1332" means that a statute can be found in section 1332 of title 28 of the United States Code.

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In a lawsuit between Digital Sales Corporation and Engineering Associates, Inc., the court applies the doctrine of stare decisis. What is this doctrine? What does this doctrine have to do with the American legal system?

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Civil law is concerned with disputes between persons and

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

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An important function of the law is to provide jurisprudence.

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