Common Law Rules

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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A court may depart from a precedent if the precedent is no longer valid.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 state's 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. Brian's pick-up truck collides with Miranda's semi-trailer on a county highway. Weighing Brian's 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 depart 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 state 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...
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