Deck 1: The Legal Environment

Question 1

A decision on a given issue by a court is not binding on an inferior court.

Answer 1

False

Question 2

No state has adopted the Uniform Commercial Code in its entirety.

Answer 2

False

Question 3

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

Answer 3

False

Question 4

Courts do not depart from precedents.

Question 5

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

Question 6

A state law that conflicts with the U.S.Constitution will be deemed unconstitutional.

Question 7

A federal law that conflicts with the U.S.Constitution will be deemed unconstitutional.

Question 8

Administrative agencies are established to perform specific functions.

Question 9

Common law is a term for the law that is known to most of us.

Question 10

Federal statutes apply to all states.

Question 11

Rules issued by administrative agencies now affect almost no aspect of a business's operations.

Question 12

Whether a law is constitutional depends on its source.

Question 13

Judges use precedent when deciding a case in a common law legal system.

Question 14

Uniform laws apply in all states,including those in which the laws have not been adopted.

Question 15

A state constitution is supreme within the state's borders so long as it does not conflict with the U.S.Constitution or a federal law.

Question 16

The U.S.Constitution is the supreme law of the United States.

Question 17

The law establishes rights,duties,and privileges that are consistent with the values of society.

Question 18

The basis for the U.S.legal system is the natural law school.

Question 19

Constitutional law includes only the U.S.Constitution.

Question 20

Law includes enforceable rules governing relationships between individuals and their society.

Question 21

A reference to "28 U.S.C.Section 1332" means that a federal court's decision can be found on page 28 of section 1332 of the United States Cases.

Question 22

Equitable remedies include injunctions.

Question 23

How judges apply the law to specific disputes may depend in part on their personal philosophical views.

Question 24

In most states,the courts no longer grant "equitable" remedies.

Question 25

Criminal law focuses on duties that exist between persons.

Question 26

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 statutes.
B)other states' statutes.
C)state constitutions.
D)the U.S.Constitution.

Question 27

International law is the law of a foreign nation and varies from country to country.

Question 28

Rules and regulations adopted by federal administrative agencies are compiled in the Code of Federal Regulations.

Question 29

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.

Question 30

Most state trial court decisions are not published.

Question 31

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.

Question 32

A court may depart from a precedent if the court decides that the precedent should no longer be followed.

Question 33

Monetary damages is a remedy at law.

Question 34

Equity is a branch of unwritten law that seeks to supply remedies of equal measure to the parties in a legal dispute.

Question 35

In Nebraska,the highest-ranking (superior)law is

A)a case decided by the Nebraska Supreme Court.
B)a provision in the Nebraska constitution.
C)a rule created by a Nebraska state administrative agency.
D)a statute enacted by the Nebraska legislature.

Question 36

A defendant is a person against whom a lawsuit is brought.

Question 37

A court's direction to a party to do or to refrain from doing a particular act is a rescission.

Question 38

Under Ohio's state constitution,the Ohio Environmental Protection Agency issues a new rule,the Polk County Commission approves a new property tax measure,and the professors and students at Ohio Law School publish the results of their most recent legal research.Sources of law do not include

A)the measures approved by local governing bodies.
B)the results of legal scholars' research.
C)the rules issued by state administrative agencies.
D)the states' constitutions.

Question 39

A plaintiff is a person against whom a lawsuit is brought.

Question 40

A substantive law creates or defines legal rights and obligations.

Question 41

In Sales Distribution Corp.v.Consumer Products Co.,the court decides that a precedent is incorrect or inapplicable.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.

Question 42

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

A)allow the minor the Daphne case to cancel the contract.
B)disregard the Ben case.
C)order the minor in the Daphne case to cancel the contract.
D)require the minor in the Daphne case to fulfill the contract.

Question 43

In a suit against Owen,Phil obtains 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.

Question 44

The legislature of the state of Missouri enacts a new statute that sets standards for the liability of businesses selling defective products.This statute applies

A)only in Missouri.
B)only in Missouri and its border states.
C)in all states.
D)in all states but only to matters not covered by other states' laws.

Question 45

Crater Tools Company may be subject to regulations issued by the Occupational Safety and Health Administration (OSHA).Like other administrative agencies,the OSHA affects

A)almost every aspect of a business's operations.
B)almost no aspect of a business's operations.
C)a firm's capital structure and financing,but nothing else.
D)a firm's hiring and firing procedures,but nothing else.

Question 46

Sam is a judge hearing the case of Local Co.v.National Corp.Applying the relevant rule of law to the facts of the case requires Sam to find previously decided cases that,in relation to the case under consideration,are

A)as different as possible.
B)as similar as possible.
C)at odds.
D)exactly identical.

Question 47

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.

Question 48

The Securities Exchange Commission (SEC)is an administrative agency.Like other administrative agencies,the SEC was established to

A)act as a liaison between federal and state governments.
B)impose uniform laws on the states.
C)perform a specific function.
D)standardize laws for the executive and judicial branches.

Question 49

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

A)neither public policy nor social customs and values.
B)public policy only.
C)public policy or social customs and values.
D)social customs and values only.

Question 50

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

A)Ancient Greece.
B)England.
C)France.
D)the natural law school.

Question 51

Network Corporation files a suit against Omega,Inc.,alleging that Omega breached a contract to sell Network a computer system.Network is

A)the appellant.
B)the appellee.
C)the defendant.
D)the plaintiff.

Question 52

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

A)administrative regulations.
B)court decisions.
C)federal and state statutes.
D)proposed uniform laws.

Question 53

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.

Question 54

In a suit against Sandy,Taylor obtains a remedy.In the U.S.legal system,this remedy will most likely be

A)an injunction.
B)damages.
C)rescission.
D)specific performance.

Question 55

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.

Question 56

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.

Question 57

In a suit against Clem,Dona obtains the cancellation of a contract.This is

A)an injunction.
B)damages.
C)rescission.
D)specific performance.

Question 58

MaxiMart,Inc.,is a discount retailer.MaxiMart's customer service employees 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)an injunction.
B)damages.
C)rescission.
D)specific performance.

Question 59

The Federal Trade Commission (FTC)is a government agency that issues rules,orders,and decisions.The Georgia state legislature enacts statutes.The Jackson County Board and the Peach City Council enacts ordinances.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.

Question 60

A state trial court has before it Eagle Manufacturing Co.v.Four Feathers Products Corp.,a case with no binding authority.The court can

A)not refuse to decide the Eagle case.
B)postpone deciding Eagle indefinitely.
C)postpone deciding Eagle until there is binding authority.
D)refuse to decide Eagle.

Question 61

To Cody,the written law of a particular society at a particular time is most significant.Cody is

A)a legal positivist.
B)a legal rationalist.
C)a legal realist.
D)a person who adheres to the natural law school.

Question 62

At a prison in Ohio,inmate Steve recruits other inmates to play Towers & Trolls,a potentially violent,fantasy,role-playing game.Ryan,the prison's warden,confiscates the game materials and bans its play at the prison.Under the principles discussed in "A Sample Court Case," Singer v.Raemisch,Ryan most likely acted

A)in violation of Steve's rights under the First Amendment.
B)reasonably in taking the game materials but not in banning its play.
C)reasonably in banning the game but not in taking the materials.
D)reasonably in the circumstances and under the law.

Question 63

Beth is a victim of Carl's violation of a criminal law.Criminal law is concerned with

A)the prosecution of private individuals by other private individuals.
B)the prosecution of public officials by private individuals.
C)the relief available when a person's rights are violated.
D)wrongs committed against the public as a whole.

Question 64

When Overseas Exports,Inc.,based in New York,does business internationally,the firm may be subject to international law.The sources of this law include

A)the laws of individual nations only.
B)treaties and international organizations only.
C)the laws of individual nations,and treaties and international organizations.
D)none of the choices.

Question 65

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

A)could be either party.
B)must be neither party.
C)must be Duck.
D)must be Egret.

Question 66

Blizzard Entertainment,Inc.,one of the owners of the World of Warcraft (WoW)computer game,is involved in a lawsuit with MDY Industries,LLC,the owner of Glider,a software program that plays WoW for its players while they are away from their keyboards.Blizzard asks the court to direct MDY to stop selling and distributing Glider.The court's opinion in the case is at MDY Industries,LLC v.Blizzard Entertainment,Inc.,616 F.Supp.2d 958 (D.Ariz.2009).What is the name for the remedy that Blizzard is seeking What type of remedy is it What court decided this case Specifically where can the court's opinion be found

Question 67

In a lawsuit between Digital Hardware Corporation and Software 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

Question 68

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

A)the appellant.
B)the appellee.
C)the defendant.
D)the plaintiff.

Question 69

The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa-vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion.
Refer to Fact Pattern 1-1.The opinion 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.

Question 70

Grady is a judge.In his court,Grady may bar a suit if it is not filed within a proper time according to

A)a statute of limitations.
B)the doctrine of stare decisis.
C)the chancellor's discretion.
D)the king's conscience.

Question 71

The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa-vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion.
Refer to Fact Pattern 1-1.Bellamy's opinion is

A)a concurring opinion.
B)a dissenting opinion.
C)a majority opinion.
D)a per curiam opinion.

Question 72

The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa-vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion.
Refer to Fact Pattern 1-1.These opinions are collected and published in volumes called

A)citations.
B)codes.
C)regulations.
D)reporters.