Brief Hypotheticals 1.1

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Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency wil... l be known as a part of: administrative law. The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as: statutory law. The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act: becomes the law in every state that adopts the uniform act through legislative action. Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings which are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of: stare decisis. All of the cases which have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as: the common law. Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of: damages. A case on the subject of free speech on the Internet comes before a Wisconsin state trial court. It is a case of first impression, which means that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would be considered the least proper for the judge to consider: survey data from the local community. Tyler believes that some laws passed by his state's legislature are improper, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people. Which school of jurisprudential thought does Tyler subscribe to? The natural law school Elaine is involved in a car accident in which the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law? Substantive law Cyberlaw consists of: traditional legal principles that have changed because of technology. Most appellate court judges write opinions in which they give the reasons for their decisions. These opinions are collected and published in volumes of books known as: reporters. Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the: appellant. The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called: an ordinance. When a judge uses legal encyclopedias, law review articles, and Restatements to guide a decision, that judge is using: secondary sources of law. If a plaintiff waited to bring a lawsuit for several years, and in those years witnesses died and evidence was lost or destroyed, one equitable defense that the defendant may have is called: laches. Worksheets: One primary source of American law is: The U.S. Constitution State constitutions are a primary source of law. True Law based on documents setting forth the general organization, powers, and limits of the government is called constitutional law Of the U.S. laws, including state laws, the U.S. Constitution is the supreme law of the land If the U.S. Supreme Court determines that a state criminal law violates a provision of the Fourth Amendment to the U.S. Constitution, that law will be declared unconstitutional Statutes, which are primary sources of law, come from the U.S. Congress and state and local legislatures. The U.S. Congress passes federal statutes which do not apply to states, but only to the federal government. False The Uniform Comercial Code is a uniform law adopted by all states that facilitates business transactions. Administrative agencies are created to: perform specific government functions delegated to them by the legislature. The Federal Trade Commission is an example of: an Independent regulatory agency. Case law is based on the decisions made by those who run administrative agencies. False Case law is derived from judges' decisions for actual cases. True The law as stated by judges and their court opinions. Case Law The law as expressed in the U.S constitution and states constitutions. Constitutional law Laws enacted by federal, state , and local legislative bodies. Statutory Law The rules, orders, and decisions of federal, state, and local gov. administrative agencies. Administrative law [Show More]

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