Blaw315 ch 1
Tyler believes that some laws passed by his state's legislature are bad, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people and that it is above all other laws. Tyler subscribes to what school of jurisprudential thought?
The natural law school
In a suit against Guillermo, Hailey obtains an award of damages. This is
a payment of money or property.
Assume that Congress passes a law establishing a new administrative agency to oversee cyberterrorism issues. The agency writes rules to enable itself to carry out its duties. The rules written by the agency will be known as:
administrative law
Power, Inc., is a corporation engaged in the business of producing, refining, and distributing energy resources. With respect to the firm's managers, legal concepts can be useful for Power's
all of the choices
The Uniform Commercial Code facilitates commerce
among the states
Federico and Gwen are involved in a court proceeding to enforce a right. This is
an action.
Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Home Care will be required to appear at a hearing presided over by
an administrative law judge
Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of the United States and confirmed by the U.S. Senate. He is to serve for a six-year fixed term and cannot be removed without cause (even if there is a change in the president). Joseph is most likely serving in:
an independent agency.
In a suit against Karen, Luke obtains an injunction. This is
an order to do or to refrain from doing a certain act.
The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called:
an ordinance
Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. In the case, the original defendant (Franklin) is appealing his conviction by the State of Idaho. In the appeals case, Franklin is known as the:
appellant.
The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act:
becomes the law in every state that adopts the uniform act through legislative action
Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of:
damages.
A case comes before a Wisconsin state trial court on the subject of free speech on the Internet. It is a case of first impression, meaning that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to consider:
equitable maxims.
The Montana legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by
no one
In a civil case, the object is to
obtain a remedy to compensate the injured party.
Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of:
stare decisis
Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as
statutory law.
The Indiana state legislature passes a law increasing the minimum jail time for repeat violent offenders. This law becomes part of a body of law known as:
statutory law.
All of the cases that have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as:
the common law.
Each court has a jurisdiction. Jurisdiction is best defined as
the geographic area in which a court has the power to apply the law.
