G. Answers to End-of-Chapter Questions
❊Review Questions
1. How is law defined?
Law has many definitions. They include
•Body of rules to which people must conform their conduct.
2. In what country did common law originate?
3. What is a precedent and how is it related to stare decisis?
4. What is a tort? Name two.
5. Identify the types of injuries for which compensatory damages can be awarded.
6. What is a crime?
7. According to common law, who was liable when a guest’s property was stolen from a
room at an inn?
8. What changes have been made to the common law concerning liability to a hotel when
a guest’s property is stolen?
9. What is the difference between common law and statutory law?
10. Name four differences between civil and criminal law.
Civil Law Criminal Law
The wrong is done to an individual. The wrong is done to the society at large.
the defendant).
Ex.: Kramer v. Kramer. Ex.: State of New York v. Defendant.
Remedy: damages (money compensation). Remedy: community service, fines, and
punitive means such as probation, jail, or
death.
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11. Under what circumstances can a judge deviate from stare decisis?
A judge is not bound by precedent if a good reason exists to change it. Sometimes circum-
12. What are the differences among the following: statutes, ordinances, and regulations?
13. When reading a case, what are the four elements to look for?
❊Discussion Questions
1. Why did the lack of competition between inns in earlier times contribute to the devel-
opment of laws that favored guests rather than innkeepers?
Because innkeepers had little or no competition, they were able to take advantage of their
2. In what way does stare decisis enhance the stability of the law?
3. In what way is the common law able to adapt to changes in society?
A judge is not obligated to blindly follow the prior decisions of other judges. If society has
4. If no precedent exists in a case, what factors will the judge use to decide the issue pre-
sented in the case?
The judge will consider the facts, any related statutes, relevant social factors, other cases that
5. Name two roles of a judge, as discussed in this chapter.
The role of a judge is very significant. He or she makes the law when no precedent or statute
❊Application Questions
1. Natalie, who is married with two children, was injured at a hotel due to its negligence.
She broke her leg and suffered a back injury. As a result she was bedridden for five
weeks, missed work during that time, and experienced considerable pain. What type(s)
of damages should she be able to collect from the hotel? What type will she likely not
be able to collect?
Natalie will be entitled to collect money to compensate her for her doctor bills, lost wages,
2. The defendant in a criminal case has been found guilty of stealing a pack of cigarettes
from a hotel store. The applicable statute authorizes the judge to sentence the defen-
dant to a maximum of one year in jail, fine him up to $1,000, and/or place him on pro-
bation for one year. The defendant is 23 years old and is unemployed. He has one prior
conviction. If you were the judge, what do you think might be an appropriate sentence
in this case? Why?
The prior conviction and fine of $100 was apparently not sufficient to deter the defendant.
Therefore, something more severe should be tried with this second conviction. Jail time may
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3. A statute defined the crime of disorderly conduct as using profanity in a public place. A
defendant, while standing on his porch, yelled obscene comments at a passerby. The de-
fendant was charged with disorderly conduct. He denied that the porch was a public
place. What is the issue in this case that the judge must decide? If a precedent exists,
what effect will that have on the decision? What do you think the decision should be?
Why? If the defendant claims that the statute is unconstitutional because it infringes his
right of free speech, who decides that issue?
The issues in this case are whether defendant’s porch qualifies as a public place and whether
his behavior constitutes disorderly conduct. If a precedent exists where a porch of a private
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