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Chp 1 - Intro to Law-questions

Page history last edited by abogado 11 years, 3 months ago

 

 

Law 10 - Intro to Law - Chp. 1 - Intro to Law Questions 

 

A1. John is a judge. The function of John and other judges is to

a. decide cases on the basis of their opinions about the issues.

b. decide cases on the basis of their personal philosophical views.

c. interpret and apply the laws.

d. make the laws.


A2. 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

a. the measures approved by local governing bodies.

b. the results of legal scholars’ research.

c. the rules issued by state administrative agencies.

d. the states’ constitutions.


A3. 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.


A4. The Federal Trade Commission is a government agency that issues

rules, orders, and decisions. The Georgia state legislature enacts statutes.

The Jackson County Board and the Peach City Council enacts ordinances.

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.


A5. 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.


A6. In a suit against Kit, Leo obtains specific performance. This is

a. an equitable remedy and a remedy at law.

b. an equitable remedy only.

c. a remedy at law only.

d. neither an equitable remedy nor a remedy at law.


A7. As a judge, Jay 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.


A8. 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.


A9. Holly is a state court judge. Ilsa appears in a case in Holly’s court, claiming

that Jim breached a contract. As in most state courts, Holly may

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

do an act.

b. award damages only.

c. cancel a contract only.

d. direct a party to do or not to do a particular act only.


A10. In a suit against Clem, Dona obtains the cancellation of a contractual

obligation. This is

a. an injunction.

b. damages.

c. rescission.

d. specific performance.


A11. In a suit against Sandy, Tyler obtains a remedy. In the U.S. legal system,

this remedy will most likely be

a. an injunction.

b. damages.

c. rescission.

d. specific performance.


A12. 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

a. the appellant.

b. the appellee.

c. the defendant.

d. the plaintiff.


A13. 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

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.


A14. Kurt is a judge hearing the case of Local Co. v. Macro 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

a. as different as possible.

b. as similar as possible.

c. at odds.

d. exactly identical.


A15. 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.


A16. 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.


Fact Pattern 1-A1 (Questions A17–A19 apply)

The Montana Supreme Court decides the case of National Co. v. Overseas Corp.

Of nine justices, six believe the judgment 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’ favor join in a third separate opinion.


A17. Refer to Fact Pattern 1-A1. These opinions are collected and published in

volumes called

a. citations.

b. codes.

c. regulations.

d. reporters.


A18. Refer to Fact Pattern 1-A1. Peel’s opinion is known as

a. a concurring opinion.

b. a dissenting opinion.

c. a majority opinion.

d. a propounding opinion.


A19. Refer to Fact Pattern 1-A1. The opinion joined by the four justices who

favor Overseas is known as

a. a concurring opinion.

b. a dissenting opinion.

c. a majority opinion.

d. a propounding opinion.


A20. During a sports event for East High 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

a. in violation of Floyd’s rights under the First Amendment.

b. reasonably in confiscating the sign but not in suspending Floyd.

c. reasonably in suspending Floyd but not in confiscating the sign.

d. reasonably in the circumstances and under the law.


 

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