Chapter 1 HW

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One primary source of American law is:

The U.S. Constitution

State constitutions are a primary source of law.

True

Law based on documents setting forth the general organization, powers, and limits of the government is called

Constitutional Law

Of the U.S. laws, including state laws, the U.S. Constitution is

The supreme Law of the land

If the U.S. Supreme Court determines that a state criminal law violates a provision of the Fourth Amendment to the U.S. Constitution, that law will be declared

Unconstitutional

Statutes, which are primary sources of law, come from the U.S.________ and state and local ________

Congress, legislatures

The U.S. Congress passes federal statutes which do not apply to states, but only to the federal government.

False

The ________ is a uniform law adopted by all states that facilitates business transactions.

uniform commercial code

Administrative agencies are created to:

perform specific government functions delegated to them by the legislature.

The Federal Trade Commission is an example of:

independent regulatory agency

Case law is based on the decisions made by those who run administrative agencies.

False

Case law is derived from judges’ decisions for actual cases.

True

Administrative law

the rules, orders, and decisions of federal, state, or local government administrative agencies

Constitutional Law

The law as expressed in the U.S. Constitution and state constitutions

Case Law

The law as stated by judges in their court opinions

Statutory Law

Laws enacted by federal, state, and local legislative, bodies

In the English system, upon which the American system is based, "remedies at law" consisted of any action or order that would correct the wrong.

false

Remedies ____ include specific performance.

in equity

A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles and facts.

true

Part of Common Law tradition relies on the doctrine of ________

Stare Decisis

The Latin term stare decisis means:

to stand on decided cases

A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include

opinions from trusted newspapers

A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does include

constitutions governing regulations statutes court decisions from a higher court in the jurisdiction

order for the basic steps in legal reasoning:

Issue Rule Application Conclusion

United States Supreme Court opinions are _______ until they are overruled by the Supreme Court or Congress.

binding authority

Select three types of persuasive authority which judges may use in cases of first impression.

nonbinding precedents from other jurisdictions public policy issues unpublished opinions

Generally speaking, the Restatements of Law:

summarize the common law rules followed by most states

Positivist

There is no law higher than the laws created by the government.

Legal realism

Customary practices and the circumstances surrounding the transaction guide us in shaping the decision

Natural law

Universal law applies to all human beings

Historical

Doctrines that have withstood the passage of time help guide us in shaping present laws

12. Law can be divided into which of the two following categories?

procedural law substantive law

Civil law, as opposed to criminal law, can best be described as

the law that governs relations between persons

14. Which of the following CANNOT be at issue in criminal law?

A law against not performing an employment agreement

Cyberlaw is a new type of law

false

Kentucky Regional Reporter?

southwestern

Georgia Regional Reporter?

south eastern

Illinois Regional Reporter?

north eastern

Pennsylvania Regional Reporter?

atlantic

Arizona Regional Reporter?

pacific

A citation to 42 U.S.C. § 1981 means that the statute is in ______ 1981 of _______ 42 of the United States Code.

Section Title

1. In the field of legal research, a "citation" is:
a. the location of a trial court or court of original jurisdiction
b. a reference to a publication in which a legal authority can be found**
c. a reference to U.S. Supreme Court cases only *
d. a reference to legal charges filed by the federal government against individuals

wrong

2. When Congress passes a law, in which publication can it be found?
a. United States Statutes at Large**
b. United States Congressional Studies
c. United States Acts at Large
d. United States Federal Legislation Records*

wrong

Administrative rules and regulations can be found first in the ____ , and then more permanently in the ____ .

Federal Register
Code of federal regulations

6. United States Supreme Court opinions can be found in which three of the following reporters?
a. United States Reports (U.S.)
b. High Court Reports (H.C.)
c. Supreme Court Reporter (S. Ct.) *
d. United States Supreme Court Reports, Lawyers Edition (L. Ed.)
e. Counselor Reference Library (CRL)
f. Federal Register (F.R.)

Missing two

7. In a case title at the appellate court level, the first party name is always the plaintiff at the trial court level.
a. True
b. False*

8. The plaintiff is the person who files the original petition with the court to start a lawsuit.
a. True*
b. False

10. When a court’s opinion is not unanimous, but most judges in that case agree with it, it is called a:
a. concurring opinion
b. dissenting opinion
c. majority opinion *
d. unanimous opinion

11. In a particular case, Judge A does not agree at all with the other judges’ opinions. Which of the following type of opinion will he write?
a. A plurality opinion
b. A majority opinion
c. A concurring opinion
d. A dissenting opinion*

The ______ is the party who appeals a lower court’s decision.

Appellant

Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of:

Administrative Law

The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as:

Statutory Law

Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings which are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of:

Stare Decisis

All of the cases which have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as:

The common law

The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act

Becomes the law in every state that drops the uniform act through legislative action

Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah’s remedy will most likely be in the form o

Damages

A case on the subject of free speech on the Internet comes before a Wisconsin state trial court. It is a case of first impression, which means that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would be considered the least proper for the judge to consider:

Survey data from the local community

Tyler believes that some laws passed by his state’s legislature are improper, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people. Which school of jurisprudential thought does Tyler subscribe to?

The natural law school

Elaine is involved in a car accident in which the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law?

Substantive Law

Cyberlaw consists of:

traditional legal principles that have changed because of technology.

Most appellate court judges write opinions in which they give the reasons for their decisions. These opinions are collected and published in volumes of books known as:

reporters

Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the:

Appellant

The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called:

An ordinance

When a judge uses legal encyclopedias, law review articles, and Restatements to guide a decision, that judge is using:

Secondary sources of law

If a plaintiff waited to bring a lawsuit for several years, and in those years witnesses died and evidence was lost or destroyed, one equitable defense that the defendant may have is called:

Laches

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