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Blaw exam 1/126 Questions with Accurate Answers 2024
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Blaw exam 1/126 Questions withAccurate Answers 2024
4 primary sources of law - - 1. U.S. and State Constitution
2. Statutory Law
3. Administrative regulations
4. case law and common doctrines
- What is the role of the court if a question arises that involves a
constitutional question? - - Interpret the law
- Laws enacted by federal, state, and local governing bodies - - Statutory
laws
- The California state legislature has passed a minimum wage law that
requires businesses within the state to pay year-round full time hourly wage
workers who work in California a minimum wage that is HIGHER than the
$7.25/hour minimum wage required by federal law (passed by U.S.
Congress). If a California business challenges the state of California's
minimum wage law in court, is the court likely to enforce California's
minimum wage law?
a.yes
b. no - - b. No
- Consider model/uniform codes and choose which of the following is
incorrect:
a. Uniform codes are the law of the applicable jurisdiction at the time they
are written
b. Uniform codes must be adopted by a state legislature before they become
law
c. Even if a uniform code is not enacted, the code can have persuasive value
d. A state may adopt part of a uniform law, but opt to reject other portions; -
- a. Uniform codes are the law of the applicable jurisdiction at the time they
are written
- Carol, owner of a land development corporation, has just learned that the
Office of Environmental Protection is considering adopting more stringent
testing measures to verify the presence or absence of protected species on
undeveloped land. Will Carol have an opportunity to view the proposed
regulations and voice her opinion prior to official adoption of the regulations?
a. yes
b.no - - a. Yes
, - stare decisis - - Let the decision stand; decisions are based on precedents
from previous cases
- The New Jersey Supreme Court held that a minor could cancel a contract
for the purchase of a car. Now, a lower trial court in NJ is deciding a case with
similar facts. Under stare decisis, which of the following are true?
a. Allow the minor to cancel the contract
b. Disregard the prior NJ Supreme Court case
c.Require the minor to fulfill the contract - - a. Allow the minor to cancel the
contract
- a written directive/rule issued by the President of the United States that
manages operations of the federal government. - - federal executive order
- a means to enforce a right or compensate for injury to that right. - -
remedies
- remedies at law - - Designed to compensate individual for actual loss.
Award restricted to "damages" (payment) in either money or property.
- remedies in equity - - Designed to "make a person whole" where monetary
or property damages are inadequate
- court order commanding a party to DO what they promised - - specefic
performance (remedies in equity)
- court order commanding a party to do or refrain from a certain act - -
injuction (remedies in equity)
- Cancellation of Contract - - rescission (remedies in equity)
- Anne paid $1400 for a new computer from Lemon Corps. The computer
does not work. Anne wants her money back. Anne should ask for
a. A remedy at law
b. An equitable remedy - - a remedy at law
- If Anne wants a working computer instead of her money back, Anne should
petition for the equitable relief of
a.Rescission
b. Injunction
c. Specific Performance - - specific performance
- Max, a private citizen, is suing Sam in court. Max claims Sam breached a
contract. Which of the following actions may the court take?
A) The court may hold Sam liable and issue a monetary award (ordering Sam
to pay Max) or equitable relief
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