BLAW CH1

The power of executive order normally derives from a(n):

_____ are general rules of thumb employed in statutory interpretations.

Which of the following defeats a federal statute in case of a clash between them?

Common law is a state law and only state courts can apply it.

_____ are model statutes drafted by private bodies of lawyers and scholars.

Why is sociological jurisprudence seen to resemble natural law?

Some legal positivists believe that:

According to the principle of _____, treaties are the supreme law of the land.

A(n) _____ is a cancellation of a contract and a return of the parties to their precontractual position.

Which of the following covers the rules of contract, and property?

Which of the following is a characteristic of administrative agencies?

One strength of the instrumentalist attitude:

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.

Lido adopted a policy under which its employees aged over 50 years would be given the preference of availing company sponsored transport facility. Marina, aged 55 years was provided transport facility. However Henry, aged 46 years was denied the same. Henry challenged the company policy as violative of the Age Discrimination in Employment Act (ADEA) which forbids discriminatory preferences for the young over the old. Will Henry succeed in the Court of Law?

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.

Which of the following is true of Restatements?

Which of the following is a characteristic of legal realists?

A State Homicide statute is an example of a substantive law, criminal law and public law.

The Supreme Court once denied tax-exempt status to a private university that discriminated on the basis of race. Which of the following is likely to have influenced or guided the interpretation of the statute relevant to this case?

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:

Which of the following is also called “judgemade law”?

When a court identifies a meaningful difference between a present and past case, it _____ the earlier decision.

What are courts and administrative agencies expected to do in case they encounter ambiguously worded statutes while deciding a case?

Henry and Barbara were sharing a Cool-Ayd cold drink, and were alarmed to find what seemed to be a plastic object floating inside the drink. Distressed and nauseated, they rushed to the hospital to undergo tests. On their doctor’s suggestion, they also underwent several tests. 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?

According to the U.S. Constitution treaties made by the president with foreign governments and approved by two-thirds of the U.S. Senate validate inconsistent state and federal laws.

The “critical legal studies” movement regards law as the product of political calculation and class biases of lawmakers.

The Restatements are considered binding laws and are promulgated by the American Law Institute.

Which of the following is false about the power of courts?

Why were equitable remedies developed?

The doctrine of stare decisis states that like cases should be decided alike.

What is a statute?

What are legal rules in prior cases called?

Ordinances are created by:

In case of a dispute between the common law and a precedent that has been properly distinguished, the common law prevails.

In which of the following circumstances, under the doctrine of stare decisis, does the common law rule stated in an earlier judgement not apply to a present case?

The same behavior will sometimes violate both civil law and the criminal law, and in such a case, both liabilities can be claimed at the same time.

Cases are said to be _____ when there no longer is a real dispute between the parties.

Which of the following is the most important type of equitable remedy provided by the equity courts?

Which of the following characterizes natural law?

Which of the following has the law and economics movement influenced in judicial opinion?

Though formal natural law defense is not recognized in court, judges do take natural law oriented views while interpreting statutes.

What is the main argument for avoiding a statute’s plain meaning or legislative history, and instead following prior interpretation in a case?

Which of the following is applied in a lawsuit between two private parties?

The U.S. Constitution recognizes the state's power to make law in certain areas

It is unimportant for the court, whether the interpretation of a statute is consistent with the legislative purpose; it is the actual language (plain or ambiguous) of the statute that needs to be studied.

Which of the following statements is true of statutes and statutory interpretation?

State and federal declaratory judgment statutes do not allow parties to determine their rights and duties when their controversy has not advanced to the point where harm has occurred and legal relief may be necessary.

What is substantive law?

Uniform acts are model statutes drafter by private bodies of lawyers and/or scholars, they become law only after legislature enacts them.

What do courts begin their interpretation of a clearly worded statute with?