Test 1 BL

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

True

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

True

Each state has its own constitution.

True

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

True

State agency regulations take precedence over conflicting federal agency regulations.

False

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

False

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

False

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

False

A court may depart from a precedent if the precedent is no longer valid.

True

There is one right answer to every legal question.

False

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

False

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

True

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

True

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

False

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

True

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

False

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

True

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

False

A substantive law creates or defines legal rights and obligations.

True

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

True

The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute

d. statutory law.

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

c. to all of the states.

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.

If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution

d. the U.S. Constitution takes precedence.

As a judge, Nina decides cases that involve principles of various sources of law. Common law is

b. case law.

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

c. England.

In a suit against Owen over the performance of their contract, Phil ob¬tains specific performance. This is

b. an order to perform what was promised.

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

c. an injunction.

Leona enters into a contract with Munchie Bakery to cater a sales con¬ference. When the conference is postponed indefinitely, Leona asks a court to cancel the contract. This request involves

a. an equitable remedy.

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.

Diana is a state court judge. In her court, as in most state courts, she may grant in a particular case

c. equitable and legal remedies.

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

c. that court and courts of lower rank.

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.

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.

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

d. reasoning by analogy.

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.

To Serena, the written law of a particular society at a particular time is most signifi¬cant. Serena is

a. a legal positivist.

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.

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.

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

d. a per curiam opinion.

The stability and predictability of the law is essential to busi¬ness activities.

True

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

True

A breach of a contract is a failure to perform it.

True

Constitutional law includes only the U.S. Constitution.

False

A state constitution is supreme within the state's borders.

True

Whether a law is constitutional depends on its source.

False

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

False

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

True

Statutory law does not include county ordinances.

False

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

False

Common law is a term for law that is common throughout the world.

False

Damages is a remedy at law.

True

Remedies in equity include injunctions and decrees of specific performance.

True

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

False

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

True

Courts do not depart from precedents.

False

A judge's function is to make the law.

False

Criminal law focuses on duties that exist between persons.

False

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.

True

Most state trial court decisions are not published.

True

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.

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.

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

a. no one.

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

b. the rules, orders, and decisions of the Federal Trade Commission.

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

c. perform specific government functions.

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

c. a payment of money or property as compensation.

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

d. the legal means to recover a right or to redress a wrong.

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

a. an order to do or to refrain from doing a particular act.

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

d. the cancellation of a contract.

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

b. normal.

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.

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

a. decisions of the courts in legal disputes.

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

d. to request a proper remedy.

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.

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,

c. public policy or social values.

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

d. the statute.
Fact Pattern 1-A1 (Questions A17-A19 apply)
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.

These opinions are collected and published in volumes called

c. reporters.

Bellamy's opin¬ion is known as

a. a concurring opinion.

The opin¬ion joined by the four justices who favor Power is known as

b. a dissenting opinion.

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

d. reasonably in the circumstances and under the law.

The function of the courts is to interpret and apply the law.

True

State courts are inferior to federal courts.

False

The political branch of government is the final authority concerning the constitutionality of a law.

False

Under a long arm statute, a court cannot exercise jurisdiction over a defendant who has minimum out-of-state contacts.

False

A state court can exercise jurisdiction over property located within the state's boundaries regardless of the property owners' location.

True

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which its principal place of business is located.

False

A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers for its products.

True

To have standing to sue, a party must have been injured or have been threatened with injury by the action about which he or she is complaining.

True

Small claims courts are inferior trial courts.

True

Courts of appeals conduct new trials in which evidence is submitted to the court but witnesses are not examined.

False

U.S. district courts have original jurisdiction in matters involving federal questions.

True

The United States Supreme Court can review any case decided by any of the federal courts of appeals.

True

Before a lawsuit begins, the court must have proof that the defendant was notified.

True

Discovery is the process of obtaining information from an apposing party before trial.

True

A deposition is sworn testimony by a party to a lawsuit or any witness.

True

Information stored electronically cannot be the object of a discovery request.

False

A closing argument is a statement by a party that results in a summary judgment in that party's favor.

False

A court of appeals hears all of the same evidence that the trial court heard.

False

A petitioner is the party against whom an appeal is taken.

False

The expenses associated with an appeal are minor.

False

Harvey, a resident of Indiana, has an accident with Janette, a resident of Kentucky, while driving through that state. Janette files a suit against Harvey in Kentucky. Regarding Harvey, Kentucky has

b. in personam jurisdiction.

Inferior Company, which is based on South Carolina, makes and sells products that are poorly made. Jack, who is a resident of North Carolina, buys an Inferior product and suffers harm through its use. The diversity of citizenship between these parties means that

a. federal and state courts have concurrent jurisdiction.

Lora is a resident of Illinois. Ned is a resident of Wisconsin. They dispute the ownership of a boat docked in a Michigan harbor. This diversity of citizenship could serve as a basis for

a. federal jurisdiction.

Jo files a suit against Kara in a Missouri state court. Kara's only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Kara, through her ad, has

b. conducted substantial business with Missouri residents.

Child's Play, Inc., sells a toy with a dangerous defect. Drew buys the toy for his son but discovers the defect before the child is injured. Drew files a suit against Child's Play. The firm's best ground for dismissal of the suit is that Drew does not have

c. standing to sue.

Lacey files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lacey and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio

d. is a more convenient location to hold the trial.

Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to

b. the Minnesota Supreme Court.

The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This

d. means that the Idaho court's decision is the law in Idaho.

Jason files a suit against Maybelline. If Maybelline fails to respond, Jason

c. will be awarded the remedy sought.

Liv wants to initiate a suit against Mortgage Mart Corporation by filing a complaint. The complaint should include

d. the facts showing that the court has jurisdiction.

Solar Power, Inc., files a suit against Thunder Bay Utility Company and seeks to examine certain documents in Thunder's possession. A legitimate reason for this examination is that the documents contain

a. evidence about the case.

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

d. the jury selection process.

During a trial between Laramie and Mikayla over a sale of allegedly diseased livestock, Mikayla's attorney asks questions of the plaintiff's witness Nilson. This is

a. a cross-examination.

Toppers, Inc., files a suit against Sports Cap Company. Toppers's attorney calls Renalda, the first witness, and questions her. This questioning is

b. direct examination.

Irma files a civil suit against Jim. To succeed, Irma must prove her case

b. by a preponderance of the evidence.

In Brick 'n Mortar Corporation's suit against Online Mall, Inc. (OMI), the jury re¬turns a verdict in Brick 'n Mortar's favor. OMI files a motion asking the judge to set aside the verdict and begin new proceedings. This is a mo¬tion for

c. a new trial.

In Chickenpot Cafe's suit against Dawg Carts, Inc., the jury returns a verdict in Chickenpot's favor. Chickenpot will most likely ask the court to enter

a. a judgment in accordance with the verdict.

In Midnight Motel's suit against Natural Mattress Company, the jury returns a verdict in Midnight's favor. Natural files a motion stating that even if the evi¬dence is viewed in the light most favorable to Midnight, a reasonable jury should not have found in its favor. This is a motion for

d. judgment n.o.v.

Stefani files a suit against Thomasina. The document that informs Thomasina that she is required to answer the complaint is

d. the summons.

In Phil's suit against Riley, the court issues a judgment in Riley's favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear

c. none of the evidence.

Federal courts are superior to state courts.

False

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

True

Minimum contacts with a jurisdiction can be sufficient to support jurisdiction over a nonresident defendant.

True

Federal courts have jurisdiction over any case involving citizens of different states regardless of the amount in controversy.

False

Concurrent jurisdiction exists when neither federal nor state courts have the power to hear a particular case.

True

A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet.

False

Venue is the term for the subject matter of a case.

False

A justiciable controversy is a case in which the court's decision—the "jus¬tice" that will be served—will be controversial.

False

Generally, lawyers are required to represent people in small claims courts.

False

Federal cases typically originate in appellate courts.

False

The United States Supreme Court has original jurisdiction in rare instances.

True

There is one set of procedural rules for federal courts and various sets for state courts.

True

A default judgment is entered against a party who fails to respond to the allegations in a complaint.

True

At every stage of a trial, either party can file a motion to dismiss the case.

True

A summary judgment is granted only if there is no genuine question of law.

False

If a discovery request involves confidential business information, the scope of the request can be limited.

True

Hearsay evidence is testimony about a statement made by someone who was not under oath at the time.

True

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

True

A trial commences with the plaintiff's attorney's direct examination of the first witness.

False

An appellate court can affirm or reverse the decision of a trial court in part.

True

The Ohio state legislature passes a law to regulate local delivery serv¬ices. The final authority regarding the constitutionality of this law is

a. the judicial system.

Ginger wants to file a suit against Fred. For a court to hear the case

b. the court must have jurisdiction.

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pickled Peppers, Inc., is heard in an appellate court. The difference between a trial and an appellate court is whether

a. a trial is being held.

Tyler, a citizen of Utah, files a suit in a Utah state court against Veritas Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that

a. the case is being heard for the first time.

Rolf, a citizen of New Mexico, wants to file a suit against Sandy, a citizen of Texas, relating to a motorcycle accident in which Rolf's injuries resulted in medical costs of more than $75,000. Their diversity of citizenship may be a basis for

b. a federal court to exercise original jurisdiction.

Liu files a suit against Macro Sales, Inc., in a New Jersey state court based on a Web site through which New Jersey residents can do busi¬ness with Macro. The court will most likely exercise jurisdiction over Macro if the interactivity of the site is seen as

a. a "substantial enough" connection with the state.

3D HD TV Company, a firm in Minnesota, advertises on the Web. A court in North Dakota would be most likely to exercise jurisdiction over 3D HD if the firm

a. conducted substantial business with North Dakota residents through its Web site.

Gaudy Ornaments, Inc., sells decorative ware. Hank, who has never bought a Gaudy product, files a suit against the firm, alleging that its products are defective. The firm's best ground for dis¬missal of the suit is that Hank does not have
c. standing.

...

Mariah wins her suit against Natural Products Company. Natural's best ground for appeal is the trial court's interpretation of

d. the law that applied to the issues in the case.

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