Introduction to Law and Legal Reasoning
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Questions
What school of jurisprudential thought emphasizes the evolutionary process of law, concentrating on the origin and history of the legal system to discover what principles of contemporary law should be?
View answer and explanationWhich of the following is considered a primary source of American law?
View answer and explanationUnder the doctrine of stare decisis, what is the general obligation of judges?
View answer and explanationWhat is the key difference between a remedy at law and a remedy in equity, as originating from the early English court system?
View answer and explanationThe IRAC method of legal reasoning is an acronym for which four steps?
View answer and explanationWhat distinguishes substantive law from procedural law?
View answer and explanationWhat does the equitable maxim of 'laches' imply?
View answer and explanationThe Uniform Commercial Code (UCC) was created through the joint efforts of which two organizations?
View answer and explanationIn the context of reading case law, what does a 'per curiam' opinion signify?
View answer and explanationWhat type of legal reasoning involves comparing the facts in the case at hand to the facts in other cases and applying the same rule of law to the present case if the patterns are similar?
View answer and explanationAccording to the National Reporter System published by West Group, into how many geographic areas are the states divided for reporting state court opinions?
View answer and explanationWhat is the general rule regarding the publication of state trial court decisions?
View answer and explanationIn a case citation such as 'Borelli v. H and H Contracting, Inc., 100 Conn.App. 680, 919 A.2d 500 (2007)', what does the number '919' represent?
View answer and explanationThe sociological school of jurisprudence, which views law as a tool for promoting justice in society, was strongly influenced by which other school of thought?
View answer and explanationWhich of the following would be an example of a secondary source of law?
View answer and explanationThe early English king's courts, or 'curiae regis', were established after the Norman Conquest in 1066 with what primary goal?
View answer and explanationIn the context of the common law tradition, what were the three remedies at law that early English king's courts could award as compensation?
View answer and explanationWhat is the primary procedural difference between an action at law and an action in equity, according to Exhibit 1-3?
View answer and explanationWhen a court must decide a case for which no precedents exist, it is known as a case of what?
View answer and explanationWhat type of opinion is written when a judge agrees with the majority's decision but for different reasons?
View answer and explanationThe United States Code (U.S.C.) arranges all existing federal laws by broad subject, with each of the subjects given a title and a title number. How many such titles are there?
View answer and explanationWhat term refers to the emerging body of law that governs transactions conducted via the Internet?
View answer and explanationIn the case of Morse v. Frederick, what was the message on the 14-foot banner that the student, Joseph Frederick, unfurled?
View answer and explanationWhat does a citation to '15 U.S.C. Section 1' mean?
View answer and explanationWhen a court decides a case based on precedents from other jurisdictions, what are those precedents called?
View answer and explanationWhich school of thought is based on the idea that law is just one of many institutions in society and is shaped by social forces and needs, advocating for judges to consider social and economic realities?
View answer and explanationIn the United States legal system, what is the role of the Tenth Amendment to the U.S. Constitution?
View answer and explanationWhat is the primary purpose of the National Conference of Commissioners on Uniform State Laws (NCCUSL)?
View answer and explanationWhat type of court opinion is important because it may form the basis of the arguments used years later in overruling a precedential majority opinion?
View answer and explanationWhat is the general distinction between civil law and criminal law?
View answer and explanationThe Natural Law tradition dates back to which Greek philosopher who distinguished between natural law and the laws of a particular nation?
View answer and explanationAccording to the positivist school, what is the consequence if the written laws of a nation are not enforced?
View answer and explanationIn the common law tradition, what is a 'binding authority'?
View answer and explanationWhat does a court do when it reviews a case 'en banc'?
View answer and explanationWhich commercial publication of federal laws contains the official text of the U.S. Code plus notes (annotations) on court decisions that interpret the statutes?
View answer and explanationWhat type of court opinion presents the views of one or more judges who disagree with the majority’s decision?
View answer and explanationThe school of thought known as Legal Realism, which rebelled against the historical approach to law, gained popularity in the United States during which period?
View answer and explanationWhat are local statutes, rules, or orders passed by municipal or county governing units to govern matters not covered by federal or state law called?
View answer and explanationIn the context of the common law tradition, what were the formal courts of equity established to provide unique remedies called?
View answer and explanationThe first step of the IRAC method of legal reasoning is to identify the key facts and issues. In the example provided in Chapter 1 concerning a plaintiff alleging assault, what was the central legal issue?
View answer and explanationIn a legal context, who is the 'appellant'?
View answer and explanationWhat is the primary function of jurisprudence?
View answer and explanationAccording to Concept Summary 1.1, what school of legal thought is centered on the assumption that there is no law higher than the laws created by the government?
View answer and explanationWhat is the primary function of law in any society, as described at the beginning of Chapter 1?
View answer and explanationAn administrative agency, which creates administrative law, is defined as what kind of entity?
View answer and explanationWhat is the general term for the body of judge-made law that includes doctrines and principles announced in court decisions?
View answer and explanationIn a legal dispute, which party is typically referred to as the 'defendant'?
View answer and explanationFederal district court decisions are published unofficially in which West reporter?
View answer and explanationWhat does it mean if a case citation includes a reference to 'WL'?
View answer and explanationThe United States Supreme Court's 2006 change to the Federal Rules of Appellate Procedure (Rule 32.1) had what effect on unpublished opinions issued after January 1, 2007?
View answer and explanation