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Courts are not obligated to follow precedents.

A) True
B) False

Correct Answer

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The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by


A) no one.
B) the federal government only.
C) the state of Pennsylvania only.
D) the United States Supreme Court only.

E) None of the above
F) B) and D)

Correct Answer

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The party against whom a lawsuit is brought is the plaintiff or petitioner.

A) True
B) False

Correct Answer

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Each judge had his or her personal beliefs and philosophy, which shape the legal reasoning process.

A) True
B) False

Correct Answer

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

A) True
B) False

Correct Answer

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Juan is a judge. How Juan and the judges in other courts interpret a particular statute determines


A) how that statute will be applied.
B) how the law needs to be changed.
C) how the common law should be codified.
D) nothing.

E) B) and D)
F) All of the above

Correct Answer

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Much of American law is based on


A) the English legal system.
B) the French legal system.
C) Greek civil law.
D) ancient Chinese law.

E) B) and C)
F) C) and D)

Correct Answer

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Federal agency regulations take precedence over conflicting state agency regulations.

A) True
B) False

Correct Answer

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Data Analytics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Data Analytics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as


A) hiring and firing decisions.
B) the manufacturing and marketing of products.
C) business financing.
D) all of the choices.

E) None of the above
F) B) and C)

Correct Answer

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Operational Processes, Inc., appeals a decision against it, in favor of Precision Manufacturing Corporation, from a lower court to a higher court. Operational Processes is


A) the appellant.
B) the appellee.
C) the defendant.
D) the respondent.

E) B) and C)
F) A) and D)

Correct Answer

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Common law is a term for the laws that are familiar to most of us.

A) True
B) False

Correct Answer

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The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825 N.W.2d 429. "285" is


A) the number of the volume in the official reports of the court's decisions.
B) the number of the volume in Thomson Reuter's unofficial publication of the court's decisions.
C) a page number in the appropriate volume.
D) the number of the case in the sequence decided by the state's highest court.

E) B) and D)
F) All of the above

Correct Answer

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Although cases may be similar, no two cases are ever identical in all respects.

A) True
B) False

Correct Answer

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Procedural law consists of all laws that outline the methods of enforcing rights.

A) True
B) False

Correct Answer

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The U.S. Constitution is the basis of all law in the United States.

A) True
B) False

Correct Answer

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Bob's Big Burgers n' Shakes Restaurant brings a suit, seeking a remedy at law. A remedy at law is


A) monetary damages.
B) a decree of specific performance.
C) a judicial proceeding for the resolution of a dispute.
D) an injunction.

E) None of the above
F) B) and C)

Correct Answer

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The U.S. Constitution reserves to the federal government all powers not granted to the states.

A) True
B) False

Correct Answer

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In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent


A) is incorrect or inapplicable.
B) is not in line with the judge's personal values.
C) would lead to unintended consequences.
D) would not bring about the result the judge prefers.

E) B) and C)
F) A) and D)

Correct Answer

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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 cases on point-previ?ously decided cases that, in relation to the case under con?sidera?tion, are


A) as different as possible.
B) as similar as possible.
C) at odds.
D) exactly identical.

E) C) and D)
F) A) and B)

Correct Answer

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The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended.

A) True
B) False

Correct Answer

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