Library/Business/Business Law: Text and Cases, Eleventh Edition/Introduction to Law and Legal Reasoning

Introduction to Law and Legal Reasoning

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Questions

Question 1

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?

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Question 2

Which of the following is considered a primary source of American law?

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Question 3

Under the doctrine of stare decisis, what is the general obligation of judges?

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Question 4

What is the key difference between a remedy at law and a remedy in equity, as originating from the early English court system?

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Question 5

The IRAC method of legal reasoning is an acronym for which four steps?

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Question 6

What distinguishes substantive law from procedural law?

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Question 7

What does the equitable maxim of 'laches' imply?

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Question 8

The Uniform Commercial Code (UCC) was created through the joint efforts of which two organizations?

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Question 9

In the context of reading case law, what does a 'per curiam' opinion signify?

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Question 10

What 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?

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Question 11

According to the National Reporter System published by West Group, into how many geographic areas are the states divided for reporting state court opinions?

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Question 12

What is the general rule regarding the publication of state trial court decisions?

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Question 13

In 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?

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Question 14

The sociological school of jurisprudence, which views law as a tool for promoting justice in society, was strongly influenced by which other school of thought?

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Question 15

Which of the following would be an example of a secondary source of law?

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Question 16

The early English king's courts, or 'curiae regis', were established after the Norman Conquest in 1066 with what primary goal?

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Question 17

In the context of the common law tradition, what were the three remedies at law that early English king's courts could award as compensation?

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Question 18

What is the primary procedural difference between an action at law and an action in equity, according to Exhibit 1-3?

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Question 19

When a court must decide a case for which no precedents exist, it is known as a case of what?

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Question 20

What type of opinion is written when a judge agrees with the majority's decision but for different reasons?

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Question 21

The 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?

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Question 22

What term refers to the emerging body of law that governs transactions conducted via the Internet?

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Question 23

In the case of Morse v. Frederick, what was the message on the 14-foot banner that the student, Joseph Frederick, unfurled?

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Question 24

What does a citation to '15 U.S.C. Section 1' mean?

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Question 25

When a court decides a case based on precedents from other jurisdictions, what are those precedents called?

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Question 26

Which 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?

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Question 27

In the United States legal system, what is the role of the Tenth Amendment to the U.S. Constitution?

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Question 28

What is the primary purpose of the National Conference of Commissioners on Uniform State Laws (NCCUSL)?

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Question 29

What type of court opinion is important because it may form the basis of the arguments used years later in overruling a precedential majority opinion?

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Question 30

What is the general distinction between civil law and criminal law?

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Question 31

The Natural Law tradition dates back to which Greek philosopher who distinguished between natural law and the laws of a particular nation?

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Question 32

According to the positivist school, what is the consequence if the written laws of a nation are not enforced?

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Question 33

In the common law tradition, what is a 'binding authority'?

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Question 34

What does a court do when it reviews a case 'en banc'?

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Question 35

Which commercial publication of federal laws contains the official text of the U.S. Code plus notes (annotations) on court decisions that interpret the statutes?

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Question 36

What type of court opinion presents the views of one or more judges who disagree with the majority’s decision?

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Question 37

The school of thought known as Legal Realism, which rebelled against the historical approach to law, gained popularity in the United States during which period?

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Question 38

What are local statutes, rules, or orders passed by municipal or county governing units to govern matters not covered by federal or state law called?

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Question 39

In the context of the common law tradition, what were the formal courts of equity established to provide unique remedies called?

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Question 40

The 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?

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Question 41

In a legal context, who is the 'appellant'?

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Question 42

What is the primary function of jurisprudence?

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Question 43

According 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?

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Question 44

What is the primary function of law in any society, as described at the beginning of Chapter 1?

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Question 45

An administrative agency, which creates administrative law, is defined as what kind of entity?

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Question 46

What is the general term for the body of judge-made law that includes doctrines and principles announced in court decisions?

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Question 47

In a legal dispute, which party is typically referred to as the 'defendant'?

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Question 48

Federal district court decisions are published unofficially in which West reporter?

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Question 49

What does it mean if a case citation includes a reference to 'WL'?

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Question 50

The 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?

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Other chapters

Courts and Alternative Dispute ResolutionCourt ProceduresConstitutional Authority to Regulate BusinessNegligence and Strict LiabilityIntellectual Property and Internet LawCriminal Law and Cyber CrimeNature and TerminologyAgreementConsiderationCapacity and LegalityMistakes, Fraud, and Voluntary ConsentThe Statute of Frauds—Writing RequirementThird Party RightsPerformance and DischargeBreach of Contract and RemediesE-Contracts and E-SignaturesThe Formation of Sales and Lease ContractsTitle, Risk, and Insurable InterestPerformance and Breach of Sales and Lease ContractsWarranties and Product LiabilityThe Function and Creation of Negotiable InstrumentsTransferability and Holder in Due CourseLiability, Defenses, and DischargeChecks and Banking in the Digital AgeCreditors' Rights and RemediesSecured TransactionsBankruptcy LawAgency Formation and DutiesLiability to Third Parties and TerminationEmployment and Labor LawEmployment DiscriminationSole Proprietorships and FranchisesPartnerships and Limited Liability PartnershipsLimited Liability Companies and Special Business FormsCORPORATIONS—Formation and FinancingCORPORATIONS—Directors, Officers, and ShareholdersCORPORATIONS—Merger, Consolidation, and TerminationCORPORATIONS—Securities Law and Corporate GovernanceLaw for Small BusinessesAdministrative LawConsumer LawEnvironmental LawAntitrust LawPersonal Property and BailmentsReal Property and Landlord-Tenant RelationshipsInsuranceWills and TrustsProfessional Liability and AccountabilityInternational Law in a Global Economy