Hierarchy of Law: Federal Law and the U.S. Constitution
1. A federal law that conflicts with the U. S. Constitution will be deemed unconstitutional.
2. The U. S. Constitution is the supreme law of the United States.
3. Each state has its own constitution.
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4. Equity is a branch of unwritten law that seeks to award damages in most cases.
5. A plaintiff is a person against whom a lawsuit is brought.
6. A decision on a given issue by a court is not binding on an inferior court.
7. Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions.
8. A court may depart from a precedent if the precedent is no longer valid in view of changing technology.
9. Common law is no longer a source of legal authority. ____
10. Substantive law creates or defines legal rights and obligations. Multiple Choice ____
11. The River City Council, the Santa Clara County Board, the Texas state legislature, and the U. S. Congress enact laws. These laws constitute
- a. administrative law.
- b. case law.
- c. stare decisis.
- d. statutory law. ____
12. The U. S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products. This statute applies
- a. only to matters not covered by state law.
- b. only to those states that adopt the statute.
- c. to all of the states.
- d. to none of the states. ____
13. If a provision in the Florida state constitution conflicts with a provision in the U. S. Constitution
- a. neither provision applies.
- b. the provisions are balanced to reach a compromise.
- c. the state constitution takes precedence.
- d. the U. S. Constitution takes precedence. ____
14. As a judge, Nora decides cases that involve principles of administrative law, case law, civil law, and statutory law. Common law is
- a. administrative law.
- b. case law.
- c. civil law.
- d. statutory law. ____
15. The United States has a common law system. The common law began
- a. as a body of general rules applied in the courts throughout England.
- b. as a group of legal principles enacted by continental European nations.
- c. as part of the Roman civil law.
- d. in the Islamic courts of Muslim countries. ____
16. Gary is a state court judge. In his court, as in most state courts, he may grant
- a. equitable and legal remedies.
- b. equitable remedies only.
- c. legal remedies only.
- d. neither equitable nor legal remedies. ____
17. 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
- a. all courts.
- b. courts of lower rank only.
- c. that court and courts of lower rank.
- d. that court only. ____
18. In Alpha v. Beta, the court decides that a precedent is incorrect or inapplicable. With this in mind, the court
- a. may rule contrary to the precedent.
- b. must apply the precedent.
- c. must refuse to decide the particular case.
- d. must "stand on the decided case. " ____
19. Areas of the law not governed by statutory or administrative law are
- a. governed by the common law.
- b. not governed by any law.
- c. open to each individual's own interpretation.
- d. subject to local ordinances. ____
20. Standard Business Company appeals a decision against it, in favor of Top Flight Corporation, from a lower court to a higher court. Standard is
- a. the appellant.
- b. the appellee.
- c. the defendant.
- d. the plaintiff. ____
21. The Montana Supreme Court decides the case of National Co. v. Overseas Corp. Of nine justices, eight believe the judgment should be in National's favor. Justice Pine disagrees and writes a separate opinion. This opinion is
- a. a concurring opinion.
- b. a dissenting opinion.
- c. a minority opinion.
- d. a unanimous opinion.
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Hierarchy of Law: Federal Law and the U.S. Constitution. (2018, May 31). Retrieved from https://phdessay.com/very-funny/
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