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chp3

Page history last edited by PBworks 13 years, 2 months ago

Chp 3 - Court Procedures law10-quizzes

 

1. The written law of a particular society at a particular time is most significant to

 

a. a follower of the historical school.

b. a legal positivist.

c. a legal realist.

d. a person who adheres to the natural law tradition.

 

 

2. 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.

 

 

 

3. The U.S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products. 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.

 

 

4. 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.

 

 

5. Mary is a consultant to the National Conference of Commissioners on Uniform State Laws. This organization

 

a. adopts uniform laws for the states.

b. applies uniform laws to the states.

c. drafts uniform laws for adoption by the states.

d. imposes uniform laws on the states.

 

 

6. Owen is a federal judge whose judicial decisions are part of case law, which includes interpretations of

 

a. administrative regulations only.

b. constitutional provisions only.

c. statutes only.

d. administrative regulations, constitutional provisions, and statutes.

 

 

7. As a judge, Nora decides cases that involve principles of administrative law, case law, civil law, and statutory law. Common law is

 

a. administrative law.

b. case law.

c. civil law.

d. statutory law.

 

 

 

8. The United States has a common law system. The common law began

 

a. as a body of general rules applied in the courts throughout England.

b. as a group of legal principles enacted by continental European nations.

c. as part of the Roman civil law.

d. in the Islamic courts of Muslim countries.

 

9. Great Internet, Inc. (GII), is an Internet service provider. GII’s tech support employees are on strike. Six of the workers are blocking GII’s door. To get them away from the door, GII should obtain

 

a. a decree of specific performance.

b. an award of damages.

c. an injunction.

d. a rescission.

 

 

 

10. Gary is a state court judge. In his court, as in most state courts, he may grant

 

a. equitable and legal remedies.

b. equitable remedies only.

c. legal remedies only.

d. neither equitable nor legal remedies.

 

 

 

11. Lee is a judge in a court of equity. In this court, Lee may bar a suit if it is not filed within a proper time under the doctrine known as

 

a. laches.

b. stare decisis.

c. the chancellor’s discretion.

d. the king’s conscience.

 

 

 

12. 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.

 

 

 

13. In Alpha v. Beta, the court decides that a precedent is incorrect or inapplicable. With this in mind, the court

 

a. may rule contrary to the precedent.

b. must apply the precedent.

c. must refuse to decide the particular case.

d. must “stand on the decided case.”

 

14. A state trial court has before it Eagle Manufacturing Co. v. Fine Products Corp., a case of first impression. The court can

 

a. not refuse to decide the Eagle case.

b. postpone deciding Eagle indefinitely.

c. postpone deciding Eagle until there is binding authority.

d. refuse to decide Eagle.

 

 

 

15. Quinn is a state court judge. In the case of Regal Products, Inc. v. Superior Manufacturing 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.

 

16. Areas of the law not governed by statutory or administrative law are

 

a. governed by the common law.

b. not governed by any law.

c. open to each individual’s own interpretation.

d. subject to local ordinances.

 

 

 

17. Airways Corporation and Best Business, Inc., enter into a contract over the Internet. Cyberlaw is

 

a. a classification of law distinct from civil law and criminal law.

b. a new type of law that applies to online activities.

c. law that governs cyberspace transactions.

d. non-government rules observed by those who use the Internet.

 

 

18. Standard Business Company appeals a decision against it, in favor of Top Flight Corporation, from a lower court to a higher court. Standard is

 

a. the appellant.

b. the appellee.

c. the defendant.

d. the plaintiff.

 

 

19. If the title of a case appears as “Quality Sales Corp. v. Regional Distribution Co.,” the party in whose favor the court decided is

 

a. Quality Sales.

b. Regional Distribution.

c. either party.

d. neither party.

 

 

20. The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, eight believe the judgment should be in National’s favor. Justice Pine disagrees and writes a separate opinion. This opinion is

 

a. a concurring opinion.

b. a dissenting opinion.

c. a minority opinion.

d. a unanimous opinion.

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