Q&A Hero

Q: In some cases of a breach of contract, a decree of _____ may be made an order by the court commanding the other party actually to perform a bargain as agreed. A. consequential damages B. compensatory damages C. stare decisis D. specific performance E. dicta

Q: Each of the following is a remedy in case of a breach of contract EXCEPT: A. punitive damages. B. consequential damages. C. specific performance. D. rescind the contract. E. cancel the contract.

Q: Coach Kleats is in charge of the softball team at Phoenix Junior School. He loses his temper with one of the substitutes following a game and slams the child against the lockers in his anger. The child is badly bruised and is bleeding from the nose. The coach can be sued for committing a(n) _____ tort. A. negligence B. intentional C. strict liability D. specific performance E. criminal conduct

Q: _____ stands for the idea that courts should interpret the Constitution only according to the intentions of those who wrote it. A. Constitutional relativity B. Originalism C. Legal realism D. Dicta E. Conflicts of law

Q: The source of law which ranks the lowest among all the others is a _____. A. local ordinance B. statute C. case law D. state administrative regulation E. federal administration regulation

Q: _____ are in effect a form of punishment for violating the law and sometimes also serve as a preventive action. A. Ordinances B. Statutes C. Sanctions D. Torts E. Opinions

Q: The right of an individual to take another person's resources (especially money) because that person has failed to meet the requirements of the law (e.g., the breach of a contract) is known as a(n) _____. A. sanction B. amendment C. remedy D. dicta E. holding

Q: A(n) _____ is a civil wrong other than a breach of contract. A. ordinance B. tort C. sanction D. remedy E. dicta

Q: According to _____, judges in current cases follow whenever possible the interpretation of law determined by judges in prior cases. A. stare decisis. B. constitutional realism. C. statutory construction. D. constitutional relativism. E. legal realism.

Q: When judges, decide appeals from trial courts, make decisions on legal issues, they write their decisions, or _____, setting out reasons. A. citations B. opinions C. codes D. statutes E. ordinances

Q: Which of the following are judicial decisions that interpret the relevant constitutional, legislative, and regulatory laws? A. Citations B. Opinions C. Case law D. Dicta E. Statutes

Q: In constitutional law the idea that courts should understand the meaning of the Constitution relative to the times in which they interpret it is known as _____. A. constitutional relativity B. legal realism C. originalism D. dicta E. rule of law

Q: Which of the following statements about substantive law is true? A. It is regulation and made by agencies of the federal government. B. It covers the rules of how owners transfer resources by exchanging them. C. The time allowed for one party to sue another is an example of substantive law. D. Enforcement of a contractual promise is substantive in nature. E. It provides the machinery for rights and duties.

Q: A collection of legislations passed by the Congress on the same subject are called: A. statutes. B. jurisprudence. C. stare decisis. D. codes. E. citations.

Q: Following much debate the Congress has decided to pass a bill that will increase the taxes on tobacco. This legislation is called a: A. statute. B. regulation. C. ordinance. D. tort. E. citation.

Q: The City of Dover has passed a written law banning smoking in most restaurants and bars. Dover has enacted a/an: A. statute. B. act. C. regulation. D. ordinance. E. jurisprudence.

Q: At the state level, the hierarchy of law sources begins with the state _____. A. act B. statute C. constitution D. citation E. commercial code

Q: Judicial decisions, called _____ laws, apply to a legal problem and interpret the relevant constitutional, legislative, and regulatory laws. A. case B. procedural C. ordinance D. commercial E. code

Q: The _____ in prior cases are precisely what was necessary to the decision reached. A. dicta B. holdings C. citations D. statutes E. ordinances

Q: Which of the following is not a typical area of concern in property law?

Q: Stephanie has written a book, "Mirari" and was talking to some interested parties from Hollywood about making a movie based on it. However, she turned down the offer due to differences of opinion. A year later, Mirari was made into a movie but it did not acknowledge the author. Such situations come under _____ law. A. property B. administrative C. constitutional D. criminal E. tort

Q: Burberry is a luxury brand that has its own distinctive trademark pattern. The company recently learned that another retailer has been selling fake Burberry bags. The legal dispute that will arise here is governed by _____ law. A. administrative B. constitutional C. property D. criminal E. tort

Q: Kate has entered into a binding agreement to sell a house to Michael. When Michael shows up to complete the deal as per the agreement, Kate refuses to go through with the transaction. Which of the following best categorizes Kate and Michael's issues with regard to classification of laws? A. This is a public law issue regarding contract law. B. This is a private law issue regarding contract law. C. This is a public law issue regarding property law. D. This is a private law issue regarding criminal law. E. This is a public law issue regarding tort law.

Q: In most criminal cases, an arrest can be made only based on probable cause and requires the officer to read out the Miranda rights to the criminal suspect before the arrest is made. This is an example of: A. tort law. B. procedural law. C. rule of law. D. substantive law. E. sociological jurisprudence.

Q: _____ jurisprudence supports the idea that law can and should change to meet new developments in society. A. Historical B. Natural C. Sociological D. Positive law E. Tort

Q: Which idea of law tries to go beyond just the words of law to examine what police, administrators, prosecutors, and judges are actually doing as they enforce, interpret, and apply laws? A. Positive law jurisprudence B. Sociological jurisprudence C. Stare Decisis D. Legal realism E. Originalism

Q: So significant is the role of judges in the United States that they determine the meaning of the Constitution and can declare void the legislation of Congress and the acts of the president. This illustrates that the legal system in the U.S. is based on _____. A. civil law B. religious law C. common law D. hybrid law E. constitutional law

Q: _____ law courts do not make law nor do their judges think themselves obligated to follow prior judicial decisions, called precedents. A. Common B. Religious C. Civil D. Hybrid E. Constitutional

Q: _____ law covers the legal principles that apply to government agencies, bureaus, boards, or commissions. A. Administrative B. Constitutional C. Tort D. Criminal E. Contract

Q: Which law forbids owners from monopolizing classes of resources and sets rules for how businesses can compete to acquire ownership in new resources? A. Regulatory B. Tort C. Antitrust D. Antidiscrimination E. Contract

Q: The ideas and philosophies that explain the origin of law and its justification is called _____. A. rule of law B. torts C. stare decisis D. jurisprudence E. statutes

Q: _____ law jurisprudence believes that law is simply the commands of the state backed up by force and punishments. A. Positive B. Natural C. Historical D. Sociological E. Tort

Q: Friedrich Savigny, a prominent German legal philosopher, helped develop _____ jurisprudence, which emphasizes that contemporary law should focus on legal principles that have withstood the test of time in a nation. A. sociological B. tort C. positive D. historical E. natural

Q: _____ property is an ownership fence which applies to resources like land that more than one individual owns jointly. A. Private B. Civil C. Public D. Common E. Tort

Q: A property based legal system: A. is unimportant in Western legal systems. B. protects and assists the wealthy over the poor. C. applies only to common property or resources like land that more than one individual owns jointly. D. does not allow for the transfer of private resources. E. allows people to exclude others from interfering with what their efforts produce.

Q: _____ can be thought of as the central concept underlying Western legal systems. A. Rule of law B. Property C. Tort law D. Ethics E. Stare decisis

Q: Contract law: A. enables an owner to exchange resources, especially at a future date. B. compensates owners whose resources are wrongfully harmed by the actions of others. C. punishes those who harm an owner's resources in particular ways. D. identifies how individuals can own and use private resources in groups. E. protects ownership and sets limits on private resource use.

Q: _____ law both protects ownership and sets limits on private resource use. A. Tort B. Antitrust C. Securities D. Regulatory E. Contract

Q: The law protecting the owners of a business organization from the managers who run it for them is _____. A. corporate governance B. antitrust law C. labor law D. contract law E. tort law

Q: Economic growth depends "in particular on the rule of law" which is a "lodestar for all countries." Why? A. Rule-of-law nations adopt laws supporting the private market because it is in everyone's interest, including the lawmakers'. B. It distinguishes lawmakers as being above the rule of law. C. It allows special interest groups to benefit at the expense of others. D. It adopts laws supporting the growth of the public markets over private markets increasing economic growth of nations. E. It removes the power of the courts and creates an autocratic regime where businesses can freely invest and economic growth is high.

Q: In addition to compensatory damages, breach-of-contract cases may award punitive damages, when the breaching party knew or had reason to know that special circumstances existed that would cause the other party to suffer additional losses if the contract were breached.

Q: Drake verbally lashes out at his neighbor one evening following a drunken party. He also beats him up when Drake tries to back away from the argument. He is said to have committed a strict liability tort.

Q: Corporate governance can fail even when corporate managers do nothing illegal.

Q: Article 6 of the Treaty on European Union, called the Maastricht Treaty, says the EU is "founded" on: A. specific performance. B. private markets. C. stare decisis. D. rule of law. E. property.

Q: With reference to the hierarchy of sources of law, Case law prevails over local ordinances.

Q: The Fourteenth Amendment to the Constitution recognizes that the law is enforced by taking a person's life, freedom, or the resources that he or she owns.

Q: Whether it's stated in the contract or not, when a breach of contract occurs, the injured party will usually recover her attorney fees as part of her compensatory damages.

Q: The single largest number of lawsuits today, especially in the federal courts, involves one business suing another business for tortious conduct.

Q: Tort law helps protect property boundaries by providing compensation when someone wrongfully crosses such boundaries.

Q: Judges in future cases are not so likely to follow the dicta in prior cases as they are the holdings.

Q: Conflicting precedents when applying the principle of stare decisis do not create confidence in the certainty of law.

Q: Although property law is categorized as one kind of private law; in our legal system, it is at the heart of both public and private law.

Q: Contract law often but not always requires actual injury to the owner's resources.

Q: Legislation passed by the Congress is called a statute or an act.

Q: The Second Amendment to the Constitution holds that "No State shall . . . deprive any person of life, liberty or property without due process of law."

Q: Disadvantages of case law do not destroy the benefits of certainty, predictability, and stability provided by case law and stare decisis.

Q: Legal realism is the idea that courts should understand the meaning of the Constitution relative to the times in which they interpret it.

Q: The United Kingdom, the United States, Canada, Jamaica, India, Nigeria, New Zealand, and a few other countriesall colonized by Englandfollow the common law.

Q: Civil law arose in the eleventh and twelfth centuries as the English monarch appointed royal judges to ride circuits around the English countryside and to resolve disputes in the name of the king (or queen).

Q: Louisiana is the only state in the U.S. that follows a partial civil law system due to Louisiana's historical ties with France, a civil law nation.

Q: Common law relies more on legislation than judicial decisions to determine what the law is.

Q: In administrative law, a government official represents society, or "the people," and the official is responsible for seeking justice to achieve the ends of society.

Q: The secret to economic prosperity and the wealth of nations lies in the foundation of property law and the legal system to implement it under the rule of law.

Q: Jurisprudence is the rule of law.

Q: Natural law theory asserts that law contains universal moral principles.

Q: Sociological jurisprudence emphasizes that contemporary law should focus on legal principles that have withstood the test of time in a nation.

Q: Jurisprudence refers to the general body of law interpretations by judges as different from legislation passed by legislators.

Q: The first known written set of laws was the Code of Hammurabi.

Q: Rule-of-law nations adopt laws supporting the private market because it is in everyone's interest, including the lawmakers'.

Q: Common property, applies to public resources owned by the government (or "state") like roads, public buildings, public lands, and monuments.

Q: Contract law compensates owners whose resources are wrongfully harmed by the actions of others.

Q: Maximberg is a country in Europe and is a member of the European Union. For convenience of tourists and other commercial purposes, it wants to adopt the Euro as its currency. Can it adopt the Euro?

Q: A developing nation wants to protect its farmers from competition from advanced nations. Due to technology and economies of scale, the advanced nations are able to export food to the developing nation at a price lower than the cost of production by local farmers. At the same time, the developing nation wants to be a member of the World Trade Organization. What can the developing nation do to protect its farmers and still be member of the World Trade Organization?

Q: Timberland and Lumberland are members of the WTO. Timberland has a contract to supply electrical and mechanical parts to Lumberland. Lumberland imposes tariffs on the mechanical parts imported by it from Timberland. Timberland approaches the dispute settlement board claiming that Lumberland was violating the trade agreement. The DSB orders Lumberland to remove the tariffs but Lumberland does not follow it. Can the dispute settlement board order any other measure?

Q: A U.S. Court has to decide the application of NAFTA in a dispute between Big Co., a U.S. based firm, and Medium Co., a Canadian company, concerning the export of prescription drugs by Medium Co. from Canada to the U.S. Discuss the guidelines that a U.S. court will consider while interpreting NAFTA.

Q: Hansen had a contract with a Swedish corporation for the delivery of several automobiles. When the corporation failed to deliver the vehicles as agreed, Hansen indicated that he would bring his case to the International Court of Justice for a proper hearing. Can Hansen make good on his promise to file a complaint with the International Court of Justice? Explain.

Q: A United Nations agency has requested an advisory opinion from the International Court of Justice concerning the applicability of the Geneva Conventions to a rebellion within an African nation. No party to the actual conflict has made a request to the United Nations or the International Court of Justice. Discuss the right of the International Court of Justice to issue the advisory opinion.

Q: The International Criminal Court wants to try a U.S. citizen for alleged war crimes. The U.S. protests; it asserts that the court lacks jurisdiction. Discuss the validity of this assertion.

Q: An international contract between two merchants is the subject of a dispute between the two companies, Universal Exports and Global Industries. The Universal offer specifies delivery by January 15 while the Global acceptance specifies delivery by July 15. Discuss how the CISG will resolve this dispute.

Q: Tobyland is a developing nation and needs five million dollars to build dams and flyovers. Which international organization will give Tobyland a loan of five million dollars?