1. The stability and predictability of the law is essential to business
activities.
1. Law is a body of enforceable rules governing relationships among
individuals and between individuals and their society.
1. A breach of a contract is a failure to perform it.
1. Constitutional law includes only the U.S. Constitution.
1. A state constitution is supreme within the state’s borders.
1. Whether a law is constitutional depends on its source.
1. Uniform laws apply in all states, including those in which the laws have
not been adopted.
1. A state law that conflicts with the U.S. Constitution will be deemed
unconstitutional.
1. Statutory law does not include county ordinances.
1. No state has adopted the Uniform Commercial Code in its entirety.
1. Common law is a term for law that is common throughout the world.
1. Damages is a remedy at law.
1. Remedies in equity include injunctions and decrees of specific
performance.
1. In most states, the courts no longer grant “equitable” remedies.
1. A defendant is a person against whom a lawsuit is brought.
1. Courts do not depart from precedents.
1. A judge’s function is to make the law.
1. Criminal law focuses on duties that exist between persons.
1. 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.
1. Most state trial court decisions are not published.
1. The legislature of the state of Mississippi enacts a new statute that
sets standards for the liability of businesses selling defective products.
This statute applies
a. only in Mississippi.
b. only in Mississippi and its border states.
c. in all states.
d. in all states but only to matters not covered by other states’
laws.
1. 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.
b. other states’ statutes.
c. state constitutions.
d. the U.S. Constitution.
1. 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.
1. 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
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
council of Peach City, Georgia.
1. 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.
1. In a suit against Corbin, Donatella obtains damages. 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.
1. 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.
1. In a suit against Evan, Floyd obtains an injunction. 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.
1. In a suit against Vladimir over the performance of a contract, Wyler
obtains rescission. 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.
1. In a suit against Sandy, Tippy obtains damages. In the U.S. legal
system, this remedy at law is
a. equitable.
b. normal.
c. unlikely.
d. unusual.
1. 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.
b. an unenforceable demand.
c. a remedy at law.
d. a type of harm.
1. As a judge, Diane applies common law rules. These rules develop from
a. decisions of the courts in legal disputes.
b. regulations issued by administrative agencies.
c. statutes enacted by Congress and the state legislatures.
d. uniform laws drafted by legal scholars.
1. 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
a. because neither type of remedy can be granted today.
b. for no good reason.
c. to negotiate an enforceable business contract.
d. to request a proper remedy.
1. In Ben v. City Car Dealership, 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 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.
b. disregard the previous case.
c. order the minor to cancel the contract.
d. require the minor to fulfill the contract.
1. 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,
a. neither public policy nor social values.
b. public policy only.
c. public policy or social values.
d. social values only.
1. A federal statute regulates an employment practice. To resolve a
dispute concerning the practice, Paula, a judge, will most likely apply
a. a common law doctrine that applied before the statute was
enacted.
b. a common law doctrine that applies to other, different practices.
c. Paula’s personal philosophy of law.
d. the statute.
1. Refer to Fact Pattern 1-1. These opinions are collected and published
in volumes called
a. citations.
b. codes.
c. reporters.
d. reviews.
1. Refer to Fact Pattern 1-1. Bellamy’s opinion is known as
a. a concurring opinion.
b. a dissenting opinion.
c. a majority opinion.
d. a per curiam opinion.
1. Refer to Fact Pattern 1-1. The opinion 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.
1. 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
a. in violation of Steve’s rights under the First Amendment.
b. reasonably in taking the game materials but not in banning its
play.
c. reasonably in banning the game but not in taking the materials.
d. reasonably in the circumstances and under the law.
1. Americans with a Better Cause (ABC), a nonprofit organization, files a
suit against the U.S. Department of Justice (DOJ), claiming that a cer–
tain federal statute the DOJ is empowered to enforce conflicts with the
U.S. Constitution and with a state constitution. In each situation, which
source of law has priority?
1. 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. 2010). 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?
