Question 15 pts

Samantha says that the written law of a particular society at a particular time is the most significant. Samantha is a:

legal realist.

person who adheres to the natural law school.

legal rationalist.

legal positivist.

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Question 25 pts

Which of the following is not a primary source of law?

Case law (court decisions)

A legal encyclopedia.

A state constitution.

An administrative agency regulation.

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Question 35 pts

Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find previously decided cases that, in relation to the case under consideration, are

at odds.

as similar as possible.

as different as possible.

exactly identical.

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Question 45 pts

Under Ohio's state constitution, the Ohio Environmental Protection Agency issues a new rule, the Polk County Commission approves a new property tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. In this scenario, primary sources of law do not include:

the Polk County Commission's new property tax measure.

the results of legal scholars' research.

the Ohio constitution.

the Ohio Environmental Protection Agency's new rule.

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Question 55 pts

Andrew enters into a contract with Jill to develop and deliver a custom iOS app for the IST Future Forum. Jill fails to deliver the app. Andrew initiates a suit against Jill, asking the court to order Jill to deliver the app. Jill is the:

defendant

binding authority

persuasive authority

plantiff

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Question 65 pts

If a law that violates (conflicts with) the U.S. Constitution is challenged in court, the court will:

not enforce the law, because only Congress has the power to enforce laws that violate the U.S. Constitution.

enforce the law only if it is one that has been passed by a state legislature.

not enforce the law, no matter what its source may be.

enforce the law if it is rooted in a state constitutional principle.

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Question 75 pts

In Benny v. City Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a Tesla Model S 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.

require the minor to fulfill the contract.

order the minor to cancel the contract.

disregard the Benny case.

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Question 85 pts

Tumblr is a microblogging service subject to the laws of New York. In New York, the highest-ranking (superior) law is:

a case decided by the New York Court of Appeals.

a provision in the New York constitution.

a rule created by a New York state administrative agency.

a statute enacted by the New York legislature.

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Question 95 pts

Civil law is:

primarily concerned with disputes between private parties.

federal law, as opposed to state law.

law that provides for societal order.

a body of law in the form of rules, regulations, orders, and decisions of administrative agencies.

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Question 105 pts

Uber and Lyft are both subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, OSHA was created by:

the Federal Trade Commission, through the rulemaking process.

the U.S. Department of Labor, through a final order.

Congress, through enabling legislation.

the president, through an executive order.

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Question 115 pts

Stare decisis is a doctrine obligating judges to follow the precedents established within their jurisdictions.

True

False

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Question 125 pts

Criminal acts are prohibited only by federal statutes.

True

False

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Question 135 pts

Administrative law is a source of American law that is comprised of statutes.

True

False

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Question 145 pts

Uniform laws apply in all states, including those in which the laws have not been adopted.

True

False

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Question 155 pts

Law consists of enforceable rules governing relationships among individuals and between individuals and their society.

True

False

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Question 165 pts

Government authorities cannot enforce national law.

True

False

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Question 175 pts

In the federal system, judges are appointed by an elected official (the president) and confirmed by other elected officials (the Senate).

True

False

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Question 185 pts

Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.

True

False

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Question 195 pts

Criminal law focuses on duties that exist between persons.

True

False

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Question 205 pts

State laws are the supreme law of the United States.

True

False