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Introduction to Law and Legal Reasoning

John is a judge. The function of John and other judges is to

interpret and apply the laws

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

a legal positivist

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

the results of legal scholars' research

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

statutory law

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

no one

The U.S. Congress enacts a federal statute that sets different stan-dards for the liability of businesses selling defective products. This statue applies

to all of the states

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

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

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

The U.S. Constitution takes precedence

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

perform specific government functions

Mary is a consultant to the National Conference of Commissioners on Uniform State Laws. This Organization

drafts uniform laws for adoption by the states

In a suit against Kit, Leo obtains specific performance. This is

an equitable remedy only

Owen is a federal judge whose judicial decisions are part of case law, which includes interpretations of

administrative regulations, constitutional provisions, and statutes

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

decisions of the courts in legal disputes

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

case law

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

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

The United States has a common law system. The common law began as

rules applied in the courts throughout England

Holly is a state court judge. Ilsa appears in a case in Holly's court, clamining that Jim breached a contract. As in most state courts, Holly may

award damages, cancel a contract, or direct a party to do or not to do an act

General Internet, Inc. (GLL), is an Internet service provider. GII's tech support employees are on strike. Six of the workers are blocking GII's door. To get them away from the door, GII should obtain

an injunction

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

rescission

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

equitable and legal remedies

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

damages

Lee is a judge in a court of equity. In this court, Lee may bar a suit if it is not filed within a proper time under the doctrine known as

laches

Net Corporation files a suit against omega, Inc. alleging that Omega breached a contract to sell Net a computer system for $100,000. Net is

the plaintiff

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

the court and courts of lower rank

In Abel v. Baker, 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 Charles v. Delta, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

allow the minor to cancel the contract

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

may rule contrary to the precedent

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

as similar as possible

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

not refuse to decide the Eagle case

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,

public policy or social values

Quinn is a state court judge. In the case of Regal Products, Inc. v. Superior Manufacturing Co., Quinn establishes a logical relationship by comparing the facts in the case to the facts in other cases and, to the extent the facts are similar, applies the same rule. This is

reasoning by analogy

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

the statute

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

governed by the common law

The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, six believe the judgement should be in National's favor. 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

These opinions are collected and published in volumes called

reporters

The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, six believe the judgement should be in National's favor. 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

Peel's opinion is known as

a concurring opinion

The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, six believe the judgement should be in National's favor. 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

The opinion joined by the four justices who favor Overseas is known as

a dissenting opinion

Civil law is concerned with disputes between persons and

other persons and between citizens and their governments

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

the appellant

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

could be either party

During a sports event for East High Middle School, Floyd, a senior, waves a sign that reads, "Meth'd Up" Gina, East's principal, confiscates the sign and suspends Floyd from school for ten days. Under the principles discussed in "A Sample Court Case," Morse v. Frederick, Gina most likely acted

reasonably in the circumstances under the law

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 per curiam opinion

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