Question 1

If a provision in the California state constitution conflicts with a provision in the U.S. Constitution
A) neither provision applies.
B) both provisions apply equitably.
C) the state constitution is supreme within the state's borders.
D) the U.S. Constitution is supreme.

Accepted Answer

The Supremacy Clause of the U.S. Constitution establishes that the U.S. Constitution is the supreme law of the land, meaning it takes precedence over conflicting state constitutions.

Question 2

In a suit against Klaus, Lucy obtains an injunction. This is
A) an order to do or not do a certain act.
B) a departure from precedent.
C) a payment of money.
D) the cancellation of a contract.

Accepted Answer

An injunction is a court order that requires a party to do or refrain from doing specific acts.

Question 3

As a judge, Bonnie 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.

Accepted Answer

Common law rules develop from the decisions of the courts in legal disputes, which are based on precedents and judicial rulings over time.

Question 4

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
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.

Accepted Answer

The court may only rule contrary to a precedent if it decides that the precedent is incorrect or inapplicable. The decision must be based on legal reasoning and not personal values or preferences. The court must also consider the potential consequences of its decision.

Question 5

Case law does not include interpretations of
A) regulations created by administrative agencies.
B) constitutional provisions.
C) statutes enacted by legislatures.
D) parties' subjective motives for engaging in litigation.

Accepted Answer

Case law involves judicial interpretations of laws, regulations, and constitutional provisions, but it does not include interpretations of parties' subjective motives, which are not legal rules or principles.

Question 6

James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is
A) an equitable remedy.
B) an unenforceable demand.
C) an action.
D) beyond the court's authority.

Accepted Answer

Ordering a party to perform as promised is an equitable remedy, specifically referred to as specific performance. This remedy is granted by a court when monetary damages are inadequate to fully compensate the injured party.

Question 7

Each court has a certain jurisdiction. Jurisdiction is best defined as
A) a doctrine that follows established precedents.
B) the authority to decide a specific dispute.
C) a judicial proceeding to redress a wrong.
D) a situation giving a person a right to initiate a judicial proceeding.

Accepted Answer

Jurisdiction refers to the authority of a court to hear and decide a particular case.

Question 8

There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. It would be appropriate for the judge to consider, and base an opinion in part on
A) the opinions of the friends and relatives of the judge.
B) the results of a poll of those in the courtroom.
C) public policy or social values.
D) how a television judge may have decided the issue .

Accepted Answer

In the absence of legal precedents, a judge may consider public policy or social values to guide their decision, as these reflect the broader societal norms and principles.

Question 9

The Montana legislature 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 Montana only.
D) the United States Supreme Court only.

Accepted Answer

Any state law that violates the U.S. Constitution is considered invalid and unenforceable. Therefore, the state law in question cannot be enforced by anyone, including the state of Montana or the federal government.

Question 10

In Benny v. City Car Dealership , a state supreme court held that a minor was allowed to cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Auto Deals, Inc., 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 Benny case.
C) order the minor to cancel the contract.
D) require the minor to fulfill the contract.

Accepted Answer

The doctrine of stare decisis means that courts follow precedents set by higher courts in similar cases. Since the state supreme court allowed a minor to cancel a contract in Benny v. City Car Dealership, the trial court is likely to follow this precedent and allow the minor to cancel the contract in Dora v. Even Steven Auto Deals, Inc.

Question 11

The Uniform Commercial Code provides a set of rules governing
A) commercial transactions.
B) judicial proceedings.
C) legislative procedures.
D) executive edicts.

Accepted Answer

The Uniform Commercial Code (UCC) is a comprehensive set of laws governing commercial transactions in the United States, including sales of goods, secured transactions, and negotiable instruments.

Question 12

Federico and Gwen are involved in a court proceeding to enforce a right. This is
A) an action.
B) stare decisis.
C) an injunction.
D) a remedy.

Accepted Answer

An action is a legal proceeding brought by one party against another to enforce or protect a right. In this case, Federico and Gwen are involved in a court proceeding to enforce a right, therefore it is an action. Stare decisis refers to the legal principle of following precedents established by previous court decisions. An injunction is a court order for a party to do or refrain from doing a certain action. A remedy is a legal solution to a dispute or violation of rights. While all of these legal concepts may be relevant to the court proceeding, only "action" accurately describes the nature of Federico and Gwen's involvement in the proceeding.

Question 13

Stare decisis is best defined as
A) a doctrine under which judges follow established precedents.
B) the authority to decide a specific dispute.
C) a judicial proceeding to redress a wrong.
D) a situation giving a person a right to initiate a judicial proceeding.

Accepted Answer

Stare decisis is a Latin term meaning "to stand by things decided." It is a doctrine under which judges follow established precedents when deciding cases. This means that once a legal principle has been established through a court decision, it should be upheld in future cases that involve similar legal issues. This allows for consistency and predictability in the law.

Question 14

The means to enforce a right or compensate for a wrong is
A) a cornerstone.
B) a remedy.
C) jurisdiction.
D) stare decisis .

Accepted Answer

A remedy is the means to enforce a right or compensate for a wrong.

Question 15

In an action against Gina, Harry 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 compensate for a wrong.

Accepted Answer

A remedy is the legal means to recover a right or compensate for a wrong, which is what Harry obtains in the action against Gina.

Question 16

A constitution sets forth a government's
A) limits, but not powers.
B) limits and powers.
C) neither limits nor powers.
D) powers, but not limits.

Accepted Answer

A constitution sets forth both the limits and powers of a government. It establishes the framework for the government and outlines its authority and responsibilities as well as constraining its actions through specific provisions and guaranteeing the rights of the citizens.

Question 17

In a suit against Guy, Holly obtains an award of damages. This is
A) an order to do or not do a certain act.
B) the right to harm another.
C) a payment of money for a harm suffered.
D) the cancellation of a contract.

Accepted Answer

Damages refer to a monetary compensation awarded to a party in a lawsuit for harm or injury suffered.

Question 18

If Myra and Nick cannot resolve their dispute amicably, then it may become necessary to bring a lawsuit . This is
A) an agreement by the parties to not do a certain act.
B) a criminal prosecution.
C) a judicial proceeding for the resolution of a dispute.
D) a type of regulation applied to a business.

Accepted Answer

A lawsuit is a judicial proceeding for the resolution of a dispute between parties.

Question 19

U.S. courts today can grant as remedies
A) damages but not equitable remedies.
B) equitable remedies but not damages.
C) either damages or equitable remedies.
D) neither damages nor equitable remedies.

Accepted Answer

The answer of U.S. courts today can grant as remedies
A)...

Question 20

Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp . Applying the relevant rule of law to the facts of the case requires Kevin 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.

Accepted Answer

When applying the relevant rule of law to the facts of a case, a judge must look for previously decided cases that are as similar as possible to the case under consideration. This is because the principle of stare decisis dictates that precedents should be followed and that similar cases should be decided in a similar way. Therefore, the best choice is B, as finding similar cases will provide the most relevant and useful guidance for deciding the current case.

Quiz 1: Introduction to the Law

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

In a suit against Klaus, Lucy obtains an injunction. This is

As a judge, Bonnie applies common law rules. These rules develop from

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

Case law does not include interpretations of

James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is

Each court has a certain jurisdiction. Jurisdiction is best defined as

There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. It would be appropriate for the judge to consider, and base an opinion in part on

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

The Uniform Commercial Code provides a set of rules governing

Federico and Gwen are involved in a court proceeding to enforce a right. This is

Stare decisis is best defined as

The means to enforce a right or compensate for a wrong is

In an action against Gina, Harry obtains a remedy. This is

A constitution sets forth a government's

In a suit against Guy, Holly obtains an award of damages. This is

If Myra and Nick cannot resolve their dispute amicably, then it may become necessary to bring a lawsuit . This is

U.S. courts today can grant as remedies

Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp . Applying the relevant rule of law to the facts of the case requires Kevin to find previously decided cases that, in relation to the case under consideration, are