Common Law Rules free essay sample

A breach of a contract is a failure to perform it. True A court may depart from a precedent if the precedent is no longer valid. TRUE A decision on a given issue by a court is not binding on an inferior court. False A defendant is a person against whom a lawsuit is brought. TRUE A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply the statute. A state constitution is supreme within the states borders. True A state law that conflicts with the U. S. Constitution will be deemed unconstitutional. TRUE A substantive law creates or defines legal rights and obligations. True As a judge, Jay applies common law rules. These rules develop from decisions of the courts in legal disputes. As a judge, Nina decides cases that involve principles of various sources of law. Common law is case law. Brians pick-up truck collides with Mirandas semi-trailer on a county highway. Weighing Brians liability for the collision, Rachel, a judge, reasons by analogy. To reason by analogy is to compare the facts in previous cases and apply the same rule of law. Civil law is concerned with disputes between persons and other persons and between citizens and their governments. Common law is a term for law that is common throughout the world. False Common law is a term for the laws that are familiar to most of us. False Common law is no longer a source of legal authority. FALSE Common law is the best and only source of legal authority. False Congress can only pass legislation that falls within the limits set up by the U. S. Constitution. True Constitutional law includes only the U. S. Constitution. FALSE Courts do not epart from precedents. False Courts often rely on the common law as a guide to interpreting legislation. True Criminal law focuses on duties that exist between persons. FALSE Damages is a remedy at law. True Deductive reasoning involves a main premise, a minor premise, and a conclusion. True Diana is a state court judge. In her court, as in most state courts, she may grant in a particular case equitable and legal remedies. Each st ate has its own constitution. True Gary is a state court judge. In his court, as in most state courts, he may grant equitable and legal remedies. Hawaii enacts a state law that violates the U. S. Constitution. This law can be enforced by NO ONE If a provision in the Florida state constitution conflicts with a provision in the U. S. Constitution the U. S. Constitution takes precedence. In a suit against Evan, Floyd obtains an injunction. This is an order to do or to refrain from doing a particular act. In a suit against Sandy, Tippy obtains damages. In the U. S. legal system, this remedy at law is normal. In an action against Elin, Frank obtains a remedy. This is the legal means to recover a right or to redress a wrong. In Ben v. City 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 Daphne v. Even Steven Auto Deals, Inc. , a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to allow the minor to cancel the contract. In Export Co. v. Imports, Inc. , there is no precedent on which the court can base a decision. The court can consider, among other things, public policy or social values. In most states, the courts no longer grant equitable remedies. FALSE In most states, the courts no longer grant legal remedies. FALSE In Sales Distribution Corp. v. Consumer Products Co. , the court decides that a precedent is incorrect or inapplicable. The court may rule contrary to the precedent. Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by that court and courts of lower rank. John is a judge. The function of John and other judges is to interpret and apply the laws. Julius is a judge. How the Julius and the judges in other courts interpret a particular statute determines how that statute will be applied. Kurt is a judge hearing the case of Local Co. v. Macro Corp. Applying the relevant rule of law to the facts of the case requires Kurt to find previously decided cases that, in relation to the case under consideration, are as similar as possible. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. True Leona enters into a contract with Munchie Bakery to cater a sales conference. When the conference is postponed indefinitely, Leona asks a court to cancel the contract. This request involves an equitable remedy. Maggie and Nate enter into a contract for the sale of car, but Nate later refuses to deliver the goods. Maggie asks a court to order Nate to perform as promised. Ordering a party to perform what was promised is an equitable remedy. MaxiMart, Inc. , is a discount retailer. MaxiMarts customer service employees are on strike. Sixty of the workers block the entrances to one of MaxiMarts stores. To get them away from the doors, MaxiMart should seek an injunction. Most state trial court decisions are not published. True No state has adopted the Uniform Commercial Code in its entirety. False Quinn is a state court judge. In the case of Royal Banners, Inc. v. Superior Flags Co. , Quinn establishes a logical relationship by comparing the facts in the case to the facts in other cases and, to the extent the facts are similar, applies the same rule. This is reasoning by analogy. Remedies in equity include injunctions and decrees of specific performance. True Rules and regulations adopted by federal administrative agencies are compiled in the Code of Federal Regulations. True State agency regulations take precedence over conflicting federal agency regulations. FALSE Statutory law does not include county ordinances. False The federal government and the state governments constitute the U. S. legal system. This system is based on the legal system of England The Federal Trade Commission is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The Jackson County Board and the Peach City Council enacts ordinances. Administrative law includes the rules, orders, and decisions of the Federal Trade Commission. The legislature of the state of Mississippi enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies ONLY IN MISSISSIPPI. Whether a law is constitutional depends on its source. FALSE The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, six believe the judgment should be in Nationals favor. Justice Peel, one of the six, writes a separate opinion. The four justices who believe the judgment should be in Overseass favor join in a third separate opinion. Refer to Fact Pattern 1-1A. The opinion joined by the four justices who favor Overseas is known as a dissenting opinion. The River City Council, the Santa Clara County Board, the Texas state legislature, and the U. S. Congress enact laws. These laws constitute statutory law. The Securities Exchange Commission is an administrative agency. The chief purpose of such agencies is to perform specific government functions. The South Carolina Supreme Court decides the case of Toy Co. v. Umbrella Corp. The court issues an opinion that does not indicate which justice authored it. This opinion is a per curiam opinion. The stability and predictability of the law is essential to business activities. True The title of a case appears as Duck Down Corp. v. Egret Feathers Co. The party in whose favor the case was decided could be either party The U. S. Congress enacts a new federal statute that imposes liability on businesses emitting significant amounts of a certain pollutant into the environment. This statute applies to all of the states. The U. S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products.