Deck 1: The Legal Environment

Question 1

Federal administrative agencies specify the powers of Congress.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

Courts do not depart from precedents.

Answer 3

False

Question 4

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

Question 5

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

Question 6

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

Question 7

State agency regulations take precedence over conflicting federal agency regulations.

Question 8

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

Question 9

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

Question 10

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

Question 11

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

Question 12

Whether a law is constitutional depends on its source.

Question 13

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 14

Federal statutes apply to all states.

Question 15

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

Question 16

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

Question 17

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

Question 18

Constitutional law includes only the U.S.Constitution.

Question 19

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

Question 20

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

Question 21

Most state trial court decisions are not published.

Question 22

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 23

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

Question 24

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 25

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

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

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 28

Criminal law focuses on duties that exist between persons.

Question 29

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

Question 30

A substantive law creates or defines legal rights and obligations.

Question 31

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

Question 32

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 33

Equitable remedies include injunctions.

Question 34

Monetary damages is a remedy at law.

Question 35

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 36

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

Question 37

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

Question 38

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

Question 39

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

Question 40

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

Question 41

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.

Question 42

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 43

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 44

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 45

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 46

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 47

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 48

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) England.
C) France.
D) the natural law school.

Question 49

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 50

The legislature of the state of Missouri enacts a new statute that sets stan?dards 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 51

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 52

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 53

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 previ?ously decided cases that,in relation to the case under con?sidera?tion,are

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

Question 54

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 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 55

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.

Question 56

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 or?di?nances.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 57

In a suit against Clem,Dona obtains the cancellation of a contrac?t.This is

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

Question 58

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 59

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 60

Crater Tools Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA).Like other federal administrative agencies,the OSHA was created by

A) Congress, through enabling legislation.
B) the Federal Trade Commission, through the rulemaking process.
C) the president, through an executive order.
D) the U.S. Department of Labor, through a final order.

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

Florida public policy is to protect consumers from unfair and deceptive business practices.A state statute declares unenforceable any waiver of its provisions,which include a provision for consumer class actions.WISP Inc.requires its customers to sign an agreement that designates South Dakota courts and law to govern all disputes.In a suit by a group of Florida consumers against WISP,the court is most likely to rule that the agreement is,under the principles discussed in "A Sample Court Case," Doe 1 v.AOL LLC

A) enforceable because there is no reason not to enforce it.
B) enforceable because the parties had equal "bargaining power."
C) unenforceable as a violation of Florida policy and law.
D) unenforceable as a violation of South Dakota policy and law.

Question 63

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 64

Fact Pattern 1-1 (Questions 31-33 apply)
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 opin?ion is

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

Question 65

Fact Pattern 1-1 (Questions 31-33 apply)
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 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.

Question 66

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 67

Beth is a victim of Carl's violation of a criminal law.Criminal law is con?cerned 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 68

Fact Pattern 1-1 (Questions 31-33 apply)
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.

Question 69

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 70

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 71

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 72

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.