Chapters 5 & 6

Disputes over which of the following would be likely to qualify for specific performance?

A contract for the purchase of a rare book

Which of the following is a secondary source of law?

A treatise

______ law is a body of law created by agencies in the form of rules, regulations, orders, and decisions used to carry out their duties and responsibilities.

Administrative

Lily and John get a divorce. John constantly follows his ex-wife, harasses her, and verbally abuses her. What equitable remedy may Lily seek?

An injunction

Which of the following is a primary source of law?

Case law

______ is an ordered grouping of legal principles enacted into law by a legislature or governing body.

Codified law

___________ law is the law made up of the text of a constitution and court decisions interpreting that text.

Constitutional

_____ were courts in which the only remedies that could be granted were money, items of value, and land, and which were distinct from courts of equity of the English courts.

Courts of law

Julie's religion prevents her from working on Saturdays. She is told by her employer that if she does not work Saturdays, she will be fired. Julie sues, claiming that her ____ rights have been violated.

First Amendment

Which of the following is true of equity?

Law and equity have merged, so today the same court can award both remedies.

Which of the following is an area of federal statute law?

Protection of intellectual property rights; Regulation of the purchase and sale of corporate stock; Prohibition of employment discrimination; Protection of the environment

Which of the following is not a primary source of law?

Restatements of the law

Margo, who has inherited her grandmother's house and its contents, discovers a painting in the attic and enters into a contract to sell the painting to Antiques Unlimited, Inc. As Margo is loading the painting into the car, she notices the name Van Gogh in the lower right-hand corner and takes the painting to an art dealer for appraisal. When Margaret learns that it is indeed a rare Van Gogh painting, she refuses to sell it to Antiques Unlimited, Inc. What remedy would Antiques Unlimited, Inc. seek?

Specific performance

Equitable remedies include which of the following?

Specific performance and injunction

____ is the doctrine under which a court is obligated to follow the earlier decisions of that court or higher courts within the same jurisdiction.

Stare decisis

In a criminal case, the Sixth Amendment to the U.S. Constitution guarantees the accused which of the following rights?

The right to a speedy and public trial by an impartial jury; The right to counsel; The right to cross-examine witnesses against him or her; The right to solicit testimony from witnesses in his or her favor

A case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction is known as

a case of first impression.

A court decision that furnishes an example or authority for deciding subsequent cases in which identical or similar facts are presented is called

a precedent.

A court decree ordering a person to do or to refrain from doing a certain act is known as

an injunction.

A statement by the court setting forth the applicable law and the reasons for its decision in a case is called

an opinion.

On appeal,the party asking for review is often called the

appellant.

Money damages are an example of a remedy

at law.

Developments in technology often outpace the law, resulting in cases for which there is no precedent. Such cases are referred to as

cases of first impression.

A body of law developed from custom or judicial decisions in English and U.S. courts and not attributable to a legislature is known as _____ law.

common

Even when legislation has been substituted for common law principles, courts often look to ____ when determining how to interpret a statute.

common law

When a judge or justice agrees with the majority opinion but for different reasons and wants to make or emphasize a point, that judge's or justice's opinion is called a ____ opinion.

concurring

A judge or justice who does not agree with the majority writes a ____ opinion.

dissenting

Public policy is a

governmental policy based on widely held societal values.

A body of rules of conduct established and enforced by the controlling authority (the government) of a society is known as

law.

A ________ is a decision made by a judge in a case that has come before the court and which then becomes part of the law on the subject.

legal precedent

A(n) ____ is an order, rule, or law enacted by a municipal or county government to govern a local matter unaddressed by state or federal legislation.

ordinance

On appeal, the appellee is the

party not asking for review.

A plaintiff or defendant in a lawsuit is called a

party.

A governmental policy based on widely held societal values is known as _____ policy.

public

A remedy allowed by courts where remedies at law are not appropriate and that is based on rules of fairness, justice, and honesty is called a

remedy in equity.

The common law governs all areas not covered by

statutory law.

If someone refers to the nation's highest law, he or she is referring to

the U.S. Constitution

The first ten amendments to the U.S. Constitution are called

the bill of rights.

An agreement, or compact, between two or more nations, is called a

treaty.

When all judges or justices agree on an opinion, the opinion is written for the entire court and is called a ____ opinion.

unanimous