Question 1

Rescission is an equitable remedy.

Accepted Answer

A) True 
 B)False

Question 2

In the United States, the law consists of written laws and court decisions.

Accepted Answer

A) True 
 B)False

Question 3

Courts often refer to secondary sources of law for guidance in interpreting and applying a primary source of law.

Accepted Answer

A) True 
 B)False

Question 4

A federal statute applies only to those states that agree to apply it within their borders.

Accepted Answer

A) True 
 B)False

Question 5

The Montana legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

Accepted Answer

A)   no one.
B)   the federal government only.
C)   the state of Montana only.
D)   the United States Supreme Court only.E) None of the above
F) A) and B)

Question 6

Secondary sources of law include

Accepted Answer

A)   state constitutions.
B)   legal scholars' research.
C)   laws passed by local governing bodies.
D)   regulations created by administrative agencies.E) None of the above
F) A) and B)

Question 7

The Food and Drug Administration (FDA)  is an executive agency. As an executive agency, the FDA is subject to the authority of

Accepted Answer

A)   no government official or entity.
B)   the president.
C)   state legislatures.
D)   the U.S. Attorney General.E) A) and D)
F) B) and D)

Question 8

Applying the relevant rule of law to the facts of a case requires a judge to find previously decided cases that, in relation to the case under consideration, are

Accepted Answer

A)   as different as possible.
B)   as similar as possible.
C)   at odds.
D)   exactly identical.E) C) and D)
F) B) and C)

Question 9

The basis of all law in the United States is

Accepted Answer

A)   the U.S. Constitution.
B)   laws passed by Congress.
C)   case law.
D)   regulations created by administrative agencies.E) B) and C)
F) A) and D)

Question 10

In Beto v. Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Autos, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

Accepted Answer

A)   allow the minor to cancel the contract.
B)   disregard the Beto case.
C)   order the minor to cancel the contract.
D)   require the minor to fulfill the contract.E) A) and B)
F) A) and C)

Question 11

Courts give significant weight-deference-to an agency's judgment and interpretation of its rules.

Accepted Answer

A) True 
 B)False

Question 12

Controlling precedents are binding authorities.

Accepted Answer

A) True 
 B)False

Question 13

Congress or a state legislature establishes an administrative agency to perform a specific function.

Accepted Answer

A) True 
 B)False

Question 14

In the case of Sales Corp. v. Transport Co., the court may rule contrary to a precedent if the court decides that the precedent

Accepted Answer

A)   is incorrect or inapplicable.
B)   is not in line with the judge's personal values.
C)   would lead to unintended consequences.
D)   would not bring about the result the judge prefers.E) A) and D)
F) All of the above

Question 15

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

Accepted Answer

A)   accounting and finance manager.
B)   human resources manager.
C)   marketing manager.
D)   all of the choices.E) None of the above
F) A) and D)

Question 16

Jaime and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. Jaime asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is

Accepted Answer

A)   an equitable remedy.
B)   an unenforceable demand.
C)   an action.
D)   beyond the court's authority.E) All of the above
F) B) and C)

Question 17

A local ordinance commonly has to do with a matter concerning only a local governing unit.

Accepted Answer

A) True 
 B)False

Question 18

A precedent is

Accepted Answer

A)   the chief executive officer of the United States.
B)   a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles.
C)   a lawsuit in which a number of persons join together.
D)   the fundamental procedure by which the government exercises its authority.E) A) and D)
F) B) and C)

Question 19

In a suit against Karen, Luke obtains an injunction. This is

Accepted Answer

A)   an order to do or to refrain from doing a certain act.
B)   a departure from precedent.
C)   a payment of money.
D)   the cancellation of a contract.E) C) and D)
F) None of the above

Question 20

Administrative law includes

Accepted Answer

A)   all laws that affect business operations.
B)   the rules, orders, and decisions of a government agency.
C)   model laws developed by the National Conference of Commissioners on Uniform State Laws.
D)   laws enacted by a legislative body.E) A) and B)
F) None of the above

Exam 1: Law and Legal Reasoning

Administrative law includes

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A precedent is

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Secondary sources of law include

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The Montana legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

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A local ordinance commonly has to do with a matter concerning only a local governing unit.

Correct AnswerverifiedShow Answer

Courts give significant weight-deference-to an agency's judgment and interpretation of its rules.

Correct AnswerverifiedShow Answer

Applying the relevant rule of law to the facts of a case requires a judge to find previously decided cases that, in relation to the case under consideration, are

Correct AnswerverifiedShow Answer

In a suit against Karen, Luke obtains an injunction. This is

Correct AnswerverifiedShow Answer

The basis of all law in the United States is

Correct AnswerverifiedShow Answer

Controlling precedents are binding authorities.

Correct AnswerverifiedShow Answer

Courts often refer to secondary sources of law for guidance in interpreting and applying a primary source of law.

Correct AnswerverifiedShow Answer

The Food and Drug Administration (FDA) is an executive agency. As an executive agency, the FDA is subject to the authority of

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Jaime and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. Jaime asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is

Correct AnswerverifiedShow Answer

Congress or a state legislature establishes an administrative agency to perform a specific function.

Correct AnswerverifiedShow Answer

In the case of Sales Corp. v. Transport Co., the court may rule contrary to a precedent if the court decides that the precedent

Correct AnswerverifiedShow Answer

In the United States, the law consists of written laws and court decisions.

Correct AnswerverifiedShow Answer

Rescission is an equitable remedy.

Correct AnswerverifiedShow Answer

A federal statute applies only to those states that agree to apply it within their borders.

Correct AnswerverifiedShow Answer

In Beto v. Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Autos, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

Correct AnswerverifiedShow Answer

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