CH 1: Sources of American Law & The Common Law Tradition - Schools of Legal Thought & Classifications of Law - How to Find Primary Sources of Law & How to Read and Understand

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Legal Realism

Customary practices and the circumstances surrounding the transaction guide us in shaping the decision

historical

Doctrines that have withstood the passage of time help guide us in shaping present laws

2. Which of the following would NOT be the subject of a criminal law statute?

Not performing an employment agreement

6. Judge Kayla Hamm hears a civil case about alleged sexual harassment. Judge Hamm strongly feels like the Defendant should be held liable because his behavior is morally reprehensible but sets aside her personal feeling and defers to the language of statutes and case precedents. Upon reading the statutes and case law she feels that the laws are unfair, however, based on that language she does not find that the Plaintiff has proven her case and finds for the Defendant. Judge Hamm's final decision is an example of which school of thought?

The Positivist School of thought

1. One primary source of American law is:

U.S. Constitution

When Congress passes a law, it can be found in which publication?

United States Statutes at Large

the _____ is the party who appeals a lower court's decision.

a. Supreme Court Reporter (S.Ct.) b. Lawyers' Edition of the Supreme Court Reports (L.Ed.) c. United States Reports (U.S.)

Binding Authority

any source of law that a court must follow when deciding a case

6. United States Supreme Court opinions can be found in which three of the following reporters?

appellant

Statutes are enacted by either the U.S. ______ or state ______

congress - legislature

9. Enabling legislation:

creates an administrative agency and gives the agency powers.

Remedies ____ include specific performance.

equity

5. When the U.S. Congress passes federal statutes, states are not obligated to follow them.

false

7. In a case title at the appellate court level, the first party name is always the plaintiff at the trial court level.

false

Today, most jurisdictions maintain separate courts of equity and courts of law

false

The Federal Trade Commission is an example of a(n

independent regulatory agency

positivist

law is constructed based on the norms as created by a legislature within the framework of the time in which they are created

7. The idea that a judge's own personal life experiences impact their reasoning process in deciding a case is a reflection of

legal realism

Natural Law

legal standards derive from university rights that apply to all human beings

8. When a court's opinion is not unanimous but most judges in that case agree with it, it is called a:

majority opinion

A binding authority does NOT include

opinions from experts in the field

A citation to 42 U.S.C. § 1981 means that the statute is in ____ 1981 of _____ 42 of the United States Code.

section - title

_____ law consists of laws that define legal rights and obligations while _______ law consists of laws that outline methods of enforcing established rights.

substantive - procedural

3. Of all U.S. laws, including state laws, the U.S. Constitution

the supreme law of the land

11. The Latin term stare decisis means:

to stand on decided cases

10. A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.

true

2. A state's constitution is a primary source of law in that state.

true

4. A statute may contain both procedural and substantive provisions.

true

4. The plaintiff is the person who files the original petition with the court to start a lawsuit.

ture

the _____ is a uniform law adopted by all states that facilitates business transactions.

uniform commercial code

9. In a particular case, Judge A does not agree at all with the other judges' opinions. Which of the following type of opinion will he write?

A dissenting opinion

5. Which of the following would be an example of a procedural law?

A law detailing the method by which an employer must notify an employee about worker's compensation benefits.

Persuasive Authority

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

7. Which of the following is not true of administrative agencies:

They are prohibited from adjudicating disputes regarding their own regulations.

1. In the field of legal research, a "citation" is:

a reference to a publication in which a legal authority can be found.


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