Deck 1: A: Introduction to Law and Legal Reasoning

Question 1

Common law is a term for the laws that are familiar to most of us.

Answer 1

False

Question 2

Congress can only pass legislation that falls within the limits set up by the U.S.Constitution.

Answer 2

True

Question 3

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

Answer 3

True

Question 4

A jury's good sense and careful consideration of consequences is known as jurisprudence.

Question 5

State agency regulations take precedence over conflicting federal agency regulations.

Question 6

Each state has its own constitution.

Question 7

To reason by analogy is syllogistic reasoning because it employs a syllogism.

Question 8

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

Question 9

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

Question 10

Every state has adopted some or all of the Uniform Commercial Code.

Question 11

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

Question 12

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

Question 13

There is one right answer to every legal question.

Question 14

Deductive reasoning involves a main premise,a minor premise,and a conclusion.

Question 15

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

Question 16

A court may depart from a precedent if the precedent is no longer valid.

Question 17

Common law is the best and only source of legal authority.

Question 18

Linear reasoning proceeds from one point to another with the focal point being the conclusion.

Question 19

A substantive law creates or defines legal rights and obligations.

Question 20

A judge's view of the law is of little importance in a common law legal system.

Question 21

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 22

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.

Question 23

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.

Question 24

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.

Question 25

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 26

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 27

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.

Question 28

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.

Question 29

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.

Question 30

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.

Question 31

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.

Question 32

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.

Question 33

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.

Question 34

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.

Question 35

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.

Question 36

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.

Question 37

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 38

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 39

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.

Question 40

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.

Question 41

For a business law class,Kelly reads and briefs several court opinions using the IRAC method of legal reasoning.What do the letters I,R,A,and C abbreviate? What are the steps in the IRAC method?

Question 42

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?