In general, when there is a conflict in law between a statutory rule and a common law rule which rule will prevail.. The common law rule will prevail but only if it was developed by a St
Trang 1The Nature of Law
True / False Questions
1 The U.S Constitution recognizes the states' power to make law in certain areas
True False
6 Both civil and criminal liability can sometimes co-exist and can be claimed at the same time
True False
Trang 28 Though formal natural law defense is not recognized in court, judges do take natural law oriented views while interpreting a Statute
True False
9 American legal realists distinguish between the "law in the books" and the "law in action" and they recognize law as the behavior of public officials (mainly judges) as they deal with matters before the legal system
True False
10 The "Critical Legal Studies" movement regards the law as the product of political
calculation and class biases of lawmakers
True False
11 The State Statute says, "a driver operating a motor vehicle on road above 60 miles per hour must pay a fine of $50." Ann was driving her car at 65 miles per hour for which she was arrested, but the fact could not be proven in Court of law She will be required to pay the fine
as she had exceeded the speed limit
Trang 315 Law does not allow parties to advance to the Court of Law seeking judgment on controversial issues that have not yet risen between them
True False
Multiple Choice Questions
16 Administrative agencies make:
A executive orders
B agency decisions
C ordinances
D common law
17 Which of the following is false regarding equity?
A Today, most states have abolished separate equity courts
B The typical equitable remedy is money damages
C The rules of equity are not very precise and technical
D Equitable principles cannot defeat statutes
18 Why were equitable remedies developed?
A Because the common law rules were too flexible to accurately predict the outcome of disputes
B Because the common law rules sometimes would produce unfair results
C Because statutes were too flexible to accurately predict the outcome of disputes
D Because statutes sometimes would produce unfair results
19 Which of the following defeats a federal statute in case of a clash between them?
A A state statute
B A state constitution
C An equitable principle
D US Constitution
Trang 420 In general, when there is a conflict in law between a statutory rule and a common law rule which rule will prevail?
A The common law rule
B The statutory rule
C The rule that was last in time to be developed
D The common law rule will prevail but only if it was developed by a State supreme court
21 Jeff was murdered in his residence in 1990 The murder remained unsolved till 2003, when the DNA evidence established that Gulliver had committed the crime At the time of themurder, Gulliver was an employee at his parent's company, which serviced the telephone lines
of Jeff's residence Gulliver was held guilty of the crime
Later in the year, Jeff's daughter sued the Company that employed Gulliver, his parents and two of his friends, alleging negligent hiring and monitoring of Gulliver The defendant soughtdismissal of the claim on the theory that the plaintiff's action was barred by the statute of limitation Under such circumstances, will Jeff's daughter succeed?
A Yes, because of Common Law "Discovery Rule"
B Yes, as per laws of equity
C No, because it gets barred by Statute of Limitation and if a statutory provision and
common law conflict, the common law must yield
D No, because the case is already decided and Gulliver has been punished in an earlier case
22 Which of the following is both civil and substantive?
A A state's contract law
B A state murder statute
C A state's rules for the conduct of a civil trial
D A state's rules for appealing a civil judgment
23 John was angry because Harry is now dating John's former girlfriend One day, as John was driving his car, he saw Harry walking by the side of the road John deliberately swerved and struck Harry with the car John may be successfully sued under:
A criminal law only
B civil law only
C either criminal law or civil law but not both
Trang 524 Legal positivists typically say that:
A an unjust law is not law
B validly of enacted laws should be obeyed, just or not
C the law should keep up with changing times
D justice is what the judge ate for breakfast
25 Which of the following statements is most typical of American legal realists?
A "Law is the command of the supreme law-making authority."
B "The first requirement of a sound body of law is that it corresponds with the actual feelingsand demands of the community, whether right or wrong."
C "What legal decision-makers actually do is more important than the legal rules written down in books."
D "An immoral or unjust law is not a law at all."
26 Which of the following is not the function of law?
A Peacekeeping
B Arming government with arbitrary absolute power
C Promoting social justice
D Protecting the environment
27 The doctrine of stare decisis says that:
A courts should follow the plain meaning of statutes and not worry about anything else
B courts should look at legislative history when interpreting statutes
C common law rules, once established, can never change
D in common law cases, like cases should be decided alike
Trang 628 Henry and Barbara were sharing a Cool-Ayd cold drink, and were alarmed to find a condom floating inside the drink Distressed and nauseated, they rushed to the hospital to undergo tests On their doctor's suggestion, they underwent two successive HIV tests within a period of 6 months In the meantime, in an action for torts, Cool-Ayd analysts proved that the object found in the bottle was indeed a sugar mould Under the given circumstances, will Henry and Barbara get relief for emotional distress in an action for tort, when no damage has occurred?
A No Since torts remedy accrues to parties as per the impact rule which states that tort remedy flows from injuries sustained in an impact There was no injury in this case Thus the parties have no cause of action and hence no relief to the parties
B No They should have checked the Cold-drink before consuming it Company is hence not liable
C Yes Damages for emotional distress should be recoverable even in the absence of a physical injury–producing impact
D Yes Company is liable to its consumers because impact rule does not apply in such a case
29 Statutes are often vague or ambiguous, because of all the compromises needed to secure enough political support to enact them into law When a court must apply an ambiguous statute, it needs a tool to discern the intent of the authors of that statute Such a tool is:
A the plain meaning rule
B legislative history
C strict construction
D judicial restraint
30 Which of the following statements regarding statutory interpretation is most accurate?
A Statutes are easier to interpret than case law
B Legislators may deliberately use ambiguous language in writing a statute when they are unwilling or unable to deal specifically with every situation that the statute was enacted to regulate
C Judges confine their interpretation of a statute to its "plain meaning" only
D Legislators understand that courts are reluctant to fill in the details of statutes
Trang 731 Company A adopted a policy under which its employees aged over 50 years would be given preference of availing company sponsored transport facility Marrina, aged 55 years was provided transport facility However Henry, aged 46 years was denied the same Henry challenged the Company policy as violative of Age Discrimination in Employment Act (ADEA) which forbids discriminatory preferences for the young over the old Will Henry succeed in the Court of Law?
A Yes, as per plain meaning rule of statutory interpretation
B Yes, as per the rule of Legislative Purpose
C No, as per the rule of Legislative Purpose
D Yes, as per the rule of "General Public Purpose."
32 Which of the following is false about the power of courts?
A Courts are not absolutely bound to favor one technique of statutory interpretation over another
B Courts can distinguish prior decisions in common law cases
C State Supreme Courts can overrule their own prior decisions
D Trial courts can decide abstract propositions of law even though there is no real case or controversy between existing parties with a tangible stake in the outcome of the controversy
33 Which of the following lets courts help parties determine their rights and duties even though neither may yet have been harmed, so long as there is a real case or controversy between them?
A A declaratory judgment statute
B The ejusdem generis rule
C The rule of no liability outside privity of contract
D The public law
34 The person who is harmed and who brings a lawsuit against the party that harmed him/her, is called the:
A plaintiff
B defendant
C party of the first part
D party of the second part
Trang 835 Evan plans to open a Company named "Marryland" for which her trademark is "M" This trademark in no way resembles the famous McDonald's Trademark However, she fears that the latter might think otherwise and sue her in future Evan wants to take no risk and hence seeks Court's judgment on the issue Can she do it?
A Yes, she can do it under State and Federal declaratory judgment statutes
B Yes, she can do it because she wishes to seek Court's opinion
C No, she cannot agitate an issue that has not yet arisen
D No, she cannot agitate the issue as she knows that the two marks are not similar
36 Which technique of statutory interpretation was most emphasized (and used) in the Webercase in the text?
A The plain meaning rule
B Interpreting a statute consistent with its purpose
C Following prior interpretations of a statute
D Maxims of statutory construction
Essay Questions
37 What do statutes and administrative regulations have in common?
Trang 938 It is the year 2010, and the Supreme Court is about to issue a decision on the
constitutionality of a state statute forbidding sexual relations between humans and animals Rita Righteous, a Supreme Court Justice, was well-known for her natural law views before she arrived on the Court, and she still holds them From this fact alone, can you predict how Rita will vote on this issue? If not, what else would you need to know? Assume that under natural law principles, it is all right for judges to let those principles dictate how they will decide legal matters
39 Sociological jurisprudence has a tendency to say that, when interpreting and applying the law, courts should pay attention to changing social values and let the law reflect those new values How is this different from the natural law approach, which also talks about values?
40 Stare decisis says that like cases should be decided alike Yet the text says that stare decisis enables the common law to evolve and change How can this apparent inconsistency
be resolved?
Trang 1041 Analyze the liability of Internet Service Provider under Sec 230 of Communications Decency Act (CDA) from the cases of Chicago Lawyers Committee for Civil Rights Under Law, Inc v Craigslist, Inc., and Fair Housing Council of San Fernando Valley
True / False Questions
1. (p 3) The U.S Constitution recognizes the states' power to make law in certain areas
TRUE
AACSB: Analytic
BT: Knowledge
Difficulty: Easy
Trang 112. (p 3) Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars; they become law only after legislature enacts them
TRUE
AACSB: Analytic
BT: Comprehension
Difficulty: Medium
3. (p 3) The Restatements usually state binding common law rules, promulgated by the
American Law Institute
5. (p 6) If an international treaty signed in 1997 conflicts with a statute which was promulgated
by federal legislature in 2007 and the subject matter of conflict is purely domestic in nature, the international treaty being the supreme law of land should prevail
FALSE
AACSB: Reflective Thinking
BT: Application
Difficulty: Hard
Trang 126. (p 8) Both civil and criminal liability can sometimes co-exist and can be claimed at the same time
TRUE
AACSB: Analytic
BT: Knowledge
Difficulty: Medium
Trang 1310. (p 11) The "Critical Legal Studies" movement regards the law as the product of political calculation and class biases of lawmakers
Trang 1414. (p 23) The doctrine of standing to sue requires that, in order to be able to mount a civil suit,
a plaintiff must have some direct and considerable stake in the outcome of the suit
Multiple Choice Questions
16. (p 5) Administrative agencies make:
17. (p 5) Which of the following is false regarding equity?
A Today, most states have abolished separate equity courts
B The typical equitable remedy is money damages.
C The rules of equity are not very precise and technical
D Equitable principles cannot defeat statutes
Trang 1518. (p 5) Why were equitable remedies developed?
A Because the common law rules were too flexible to accurately predict the outcome of disputes
B Because the common law rules sometimes would produce unfair results.
C Because statutes were too flexible to accurately predict the outcome of disputes
D Because statutes sometimes would produce unfair results
A The common law rule
B The statutory rule.
C The rule that was last in time to be developed
D The common law rule will prevail but only if it was developed by a State supreme court
AACSB: Analytic
BT: Analysis
Difficulty: Medium
Trang 1621. (p 7) Jeff was murdered in his residence in 1990 The murder remained unsolved till 2003, when the DNA evidence established that Gulliver had committed the crime At the time of themurder, Gulliver was an employee at his parent's company, which serviced the telephone lines
of Jeff's residence Gulliver was held guilty of the crime
Later in the year, Jeff's daughter sued the Company that employed Gulliver, his parents and two of his friends, alleging negligent hiring and monitoring of Gulliver The defendant soughtdismissal of the claim on the theory that the plaintiff's action was barred by the statute of limitation Under such circumstances, will Jeff's daughter succeed?
A Yes, because of Common Law "Discovery Rule"
B Yes, as per laws of equity
C No, because it gets barred by Statute of Limitation and if a statutory provision and
common law conflict, the common law must yield
D No, because the case is already decided and Gulliver has been punished in an earlier case
AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Hard
22. (p 8) Which of the following is both civil and substantive?
A A state's contract law.
B A state murder statute
C A state's rules for the conduct of a civil trial
D A state's rules for appealing a civil judgment
A criminal law only
B civil law only
C either criminal law or civil law but not both
D both criminal law and civil law.
Trang 1724. (p 9) Legal positivists typically say that:
A an unjust law is not law
B validly of enacted laws should be obeyed, just or not.
C the law should keep up with changing times
D justice is what the judge ate for breakfast
AACSB: Analytic
BT: Knowledge
Difficulty: Medium
25. (p 10) Which of the following statements is most typical of American legal realists?
A "Law is the command of the supreme law-making authority."
B "The first requirement of a sound body of law is that it corresponds with the actual feelingsand demands of the community, whether right or wrong."
C "What legal decision-makers actually do is more important than the legal rules written
B Arming government with arbitrary absolute power
C Promoting social justice
D Protecting the environment
AACSB: Analytic
BT: Analysis
Difficulty: Easy