1. Congress can only pass legislation that falls within the limits set up by
the U.S. Constitution.
1. The U.S. Constitution is the supreme law of the United States.
1. Each state has its own constitution.
1. Every state has adopted some or all of the Uniform Commercial Code.
1. State agency regulations take precedence over conflicting federal
agency regulations.
1. Common law is a term for the laws that are familiar to most of us.
1. A decision on a given issue by a court is not binding on an inferior
court.
1. Stare decisis is a doctrine obligating judges to help persons who
have failed to protect their own rights.
1. A court may depart from a precedent if the precedent is no longer
valid.
1. There is one right answer to every legal question.
1. To reason by analogy is syllogistic reasoning because it employs a
syllogism.
1. Linear reasoning proceeds from one point to another with the focal
point being the conclusion.
1. Deductive reasoning involves a main premise, a minor premise, and a
conclusion.
1. Common law is the best and only source of legal authority.
1. Courts often rely on the common law as a guide to interpreting
legislation.
1. A jury’s good sense and careful consideration of consequences is
known as jurisprudence.
1. How judges apply the law to specific disputes may depend in part on
their personal philosophical views.
1. A judge’s view of the law is of little importance in a common law legal
system.
1. A substantive law creates or defines legal rights and obligations.
1. Rules and regulations adopted by federal administrative agencies are
compiled in the Code of Federal Regulations.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. The federal government and the state governments constitute the U.S.
legal system. This system is based on the legal system of
a. Ancient Greece.
b. continental European nations.
c. England.
d. predominantly Muslim countries.
1. 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.
1. 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.
1. 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.
b. an unenforceable demand.
c. a remedy at law.
d. a type of harm.
1. Eliza is a state court judge. Flora appears in a case in Eliza’s court,
claiming 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.
1. 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.
1. 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.
1. In Sales Distribution Corp. v. Consumer Products Co., the
court decides that a precedent is incorrect or inapplicable. 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.
1. 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.
1. Quinn is a state court judge. In the case of Royal Banners, Inc. v.
Superior Flags 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
a. deductive reasoning.
b. faulty reasoning.
c. linear reasoning.
d. reasoning by analogy.
1. 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.
1. To Serena, the written law of a particular society at a particular
time is most significant. Serena is
a. a legal positivist.
b. a legal rationalist.
c. a legal realist.
d. a person who adheres to the natural law tradition.
1. 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.
1. 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.
1. 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.
1. 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?
1. 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?
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