Question 1

Much of American law is based on

Accepted Answer

A)  the English legal system.
B)  the French legal system.
C)  Greek civil law.
D)  ancient Chinese law.E) A) and B)
F) All of the above

Question 2

The Bay City Planning Department,the Coastal County Zoning Commission,the Delaware Environmental Quality Agency,and the U.S.Bureau of Land Management issue regulations.These rules constitute

Accepted Answer

A)  administrative law.
B)  case law.
C)  stare decisis.
D)  statutory law.E) A) and B)
F) A) and C)

Question 3

For a business law class,Sierra 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

Accepted Answer

The letters I,R,A,and C are the first letters of "Issue," "Rule," "Application," and "Conclusion." The IRAC method of legal reasoning requires Sierra or any other student or reader to first summarize the important facts of a legal case and state the salient issue or issues.The second step is to determine and set out the rule of law that applies to the facts to resolve the issue.The third step is to apply that rule to those facts.The application of the rule requires an answer to the question posed by the issue.This answer may involve one or more different types of legal reasoning,but those reasons should be thought out and expressed clearly.Finally,the conclusion derived from the application of the rule to the facts is stated.This is sometimes referred to as the result or the outcome in a case-who won; who lost; what the award,if any,consists of; or what the parties are,or are not,required to do next.

Question 4

A provision in the California state constitution conflicts with a provision in the U.S.Constitution.If challenged

Accepted Answer

A)  neither provision will be enforced.
B)  the provisions will be balanced to reach a compromise.
C)  the state provision,not the U.S.Constitution,will be enforced.
D)  the U.S.Constitution,not the state provision,will be enforced.E) All of the above
F) A) and B)

Question 5

In a lawsuit between Cloud Computing Corporation and Digital Enterprises,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

Accepted Answer

In a common law legal system,past judicial decisions are binding in current disputes with similar facts.This feature of the common law,which is the basis of the American legal system,is unique because,unlike the law in other legal systems,it is judge-made law.Within the common law system,when possible,judges attempt to be consistent and to base their decisions on the principles suggested by earlier cases.The body of principles and doctrines that form the common law emerged over time as judges applied the principles announced in earlier cases to subsequent legal controversies.The practice of deciding cases with reference to former decisions,or precedents-the cornerstone of the American legal system-is called the doctrine of stare decisis.Under this doctrine,judges are obligated to follow the precedents established within their jurisdictions.This helps courts to be more efficient and makes the law more stable and predictable.

Question 6

Each judge had his or her personal beliefs and philosophy,which shape the legal reasoning process.

Accepted Answer

A) True 
 B)False

Question 7

When all the judges (or justices)agree on a decision,a majority opinion is written for the entire court.

Accepted Answer

A) True 
 B)False

Question 8

The U.S.Constitution reserves to the federal government all powers not granted to the states.

Accepted Answer

A) True 
 B)False

Question 9

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

Accepted Answer

A) True 
 B)False

Question 10

The Pennsylvania legislature enacts a state law that violates the U.S.Constitution.This law can be enforced by

Accepted Answer

A)  no one.
B)  the federal government only.
C)  the state of Pennsylvania only.
D)  the United States Supreme Court only.E) C) and D)
F) B) and D)

Question 11

Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference.When the conference is postponed indefinitely,Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation.This request involves

Accepted Answer

A)  specific performance.
B)  an injunction.
C)  rescission.
D)  an action that the court cannot order.E) C) and D)
F) B) and C)

Question 12

The courts,in interpreting statutory law,often rely on the common law as a guide to what the legislators intended.

Accepted Answer

A) True 
 B)False

Question 13

Laws and government regulations affect almost all business activities.

Accepted Answer

A) True 
 B)False

Question 14

The party against whom a lawsuit is brought is the plaintiff or petitioner.

Accepted Answer

A) True 
 B)False

Question 15

The Nebraska Supreme Court issues an opinion that can be found at 285 Neb.88,825 N.W.2d 429."285" is

Accepted Answer

A)  the number of the volume in the official reports of the court's decisions.
B)  the number of the volume in Thomson Reuter's unofficial publication of the court's decisions.
C)  a page number in the appropriate volume.
D)  the number of the case in the sequence decided by the state's highest court.E) B) and D)
F) C) and D) A

Question 16

Juan is a judge.How Juan and the judges in other courts interpret a particular statute determines

Accepted Answer

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.E) A) and B)
F) A) and C)

Question 17

To Sam,the written law of a particular society at a particular time is most significant.Sam is a

Accepted Answer

A)  legal positivist.
B)  person who adheres to the historical school of legal thought.
C)  legal realist.
D)  person who adheres to the natural law tradition.E) None of the above
F) All of the above

Question 18

Maggie and Nate enter into a contract for the sale of a car,but Nate later refuses to deliver the car.Maggie asks a court to order Nate to perform as promised.Ordering a party to perform what was promised is

Accepted Answer

A)  specific performance.
B)  damages.
C)  rescission.
D)  beyond the court's authority.E) A) and C)
F) All of the above

Question 19

The U.S.Constitution is the basis of all law in the United States.

Accepted Answer

A) True 
 B)False

Question 20

In the case of Retail Sales Corp.v.Trucking Delivery Co.,the court may rule contrary to a precedent if the court decides that the precedent

Accepted Answer

A)  is incorrect or inapplicable.
B)  is not in line with the judge's personal values.
C)  would lead to unintended consequences.
D)  would not bring about the result the judge prefers.E) C) and D)
F) B) and C)

Exam 1: Law and Legal Reasoning

Much of American law is based on

Correct Answer
verified

The Bay City Planning Department,the Coastal County Zoning Commission,the Delaware Environmental Quality Agency,and the U.S.Bureau of Land Management issue regulations.These rules constitute

Correct Answer
verified

For a business law class,Sierra 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

A provision in the California state constitution conflicts with a provision in the U.S.Constitution.If challenged

Correct Answer
verified

In a lawsuit between Cloud Computing Corporation and Digital Enterprises,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

Each judge had his or her personal beliefs and philosophy,which shape the legal reasoning process.

Correct Answer
verified

When all the judges (or justices)agree on a decision,a majority opinion is written for the entire court.

Correct Answer
verified

The U.S.Constitution reserves to the federal government all powers not granted to the states.

Correct Answer
verified

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

Correct Answer
verified

The Pennsylvania legislature enacts a state law that violates the U.S.Constitution.This law can be enforced by

Correct Answer
verified

Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference.When the conference is postponed indefinitely,Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation.This request involves

Correct Answer
verified

The courts,in interpreting statutory law,often rely on the common law as a guide to what the legislators intended.

Correct Answer
verified

Laws and government regulations affect almost all business activities.

Correct Answer
verified

The party against whom a lawsuit is brought is the plaintiff or petitioner.

Correct Answer
verified

The Nebraska Supreme Court issues an opinion that can be found at 285 Neb.88,825 N.W.2d 429."285" is

Correct Answer
verified
A

Juan is a judge.How Juan and the judges in other courts interpret a particular statute determines

Correct Answer
verified

To Sam,the written law of a particular society at a particular time is most significant.Sam is a

Correct Answer
verified

Maggie and Nate enter into a contract for the sale of a car,but Nate later refuses to deliver the car.Maggie asks a court to order Nate to perform as promised.Ordering a party to perform what was promised is

Correct Answer
verified

The U.S.Constitution is the basis of all law in the United States.

Correct Answer
verified

In the case of Retail Sales Corp.v.Trucking Delivery Co.,the court may rule contrary to a precedent if the court decides that the precedent

Correct Answer
verified

Exam 1: Law and Legal Reasoning

Much of American law is based on

Correct AnswerverifiedShow Answer

The Bay City Planning Department,the Coastal County Zoning Commission,the Delaware Environmental Quality Agency,and the U.S.Bureau of Land Management issue regulations.These rules constitute

Correct AnswerverifiedShow Answer

For a business law class,Sierra 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

A provision in the California state constitution conflicts with a provision in the U.S.Constitution.If challenged

Correct AnswerverifiedShow Answer

In a lawsuit between Cloud Computing Corporation and Digital Enterprises,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

Each judge had his or her personal beliefs and philosophy,which shape the legal reasoning process.

Correct AnswerverifiedShow Answer

When all the judges (or justices)agree on a decision,a majority opinion is written for the entire court.

Correct AnswerverifiedShow Answer

The U.S.Constitution reserves to the federal government all powers not granted to the states.

Correct AnswerverifiedShow Answer

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

Correct AnswerverifiedShow Answer

The Pennsylvania legislature enacts a state law that violates the U.S.Constitution.This law can be enforced by

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The courts,in interpreting statutory law,often rely on the common law as a guide to what the legislators intended.

Correct AnswerverifiedShow Answer

Laws and government regulations affect almost all business activities.

Correct AnswerverifiedShow Answer

The party against whom a lawsuit is brought is the plaintiff or petitioner.

Correct AnswerverifiedShow Answer

The Nebraska Supreme Court issues an opinion that can be found at 285 Neb.88,825 N.W.2d 429."285" is

Correct AnswerverifiedA

Juan is a judge.How Juan and the judges in other courts interpret a particular statute determines

Correct AnswerverifiedShow Answer

To Sam,the written law of a particular society at a particular time is most significant.Sam is a

Correct AnswerverifiedShow Answer

Maggie and Nate enter into a contract for the sale of a car,but Nate later refuses to deliver the car.Maggie asks a court to order Nate to perform as promised.Ordering a party to perform what was promised is

Correct AnswerverifiedShow Answer

The U.S.Constitution is the basis of all law in the United States.

Correct AnswerverifiedShow Answer

In the case of Retail Sales Corp.v.Trucking Delivery Co.,the court may rule contrary to a precedent if the court decides that the precedent

Correct AnswerverifiedShow Answer

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