A government agency issues a rule under authority delegated to it by a statute. What kind of legal source is the rule?
1 Foundations of Business Law and Legal Reasoning Online Quiz Questions
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A legal encyclopedia explains a rule of law. Because it is a secondary authority, it generally does not itself bind a court.
- A
True
- B
False
In IRAC, the step that compares each element of a legal rule with the facts is .
What is the legal term for a court's authority to hear a case?
A party claims that a trial court made a legal error. Which task most directly belongs to an appellate court?
- A
They usually retry the case and receive new evidence.
- B
They decide which facts the parties should present at trial.
- C
They review claimed legal or procedural errors.
- D
They issue the statutes that trial courts apply.
Select all statements that accurately describe the general division of work between federal and state courts.
- A
Federal courts commonly hear cases involving federal law or qualifying disputes between citizens of different states.
- B
State courts generally have broader jurisdiction than federal courts.
- C
Many contract and personal-injury cases are heard in state courts.
- D
Federal courts have general authority to hear every kind of dispute.
In a judicial opinion, the rule or conclusion necessary to decide the case is its .
What Latin legal phrase names the principle that courts generally follow applicable precedent?
The Supremacy Clause means that federal law overrides conflicting state law even when the federal government lacks constitutional authority over the subject.
- A
True
- B
False
After examining statutory words in context, a court still finds uncertainty. Select all tools it may consider when interpreting the statute.
- A
The statute's structure
- B
Established canons of construction
- C
The law's purpose
- D
Legislative history, depending on the court and interpretive approach
A city ordinance bars “vehicles” from a public park but does not define the term. A dispute concerns an electric scooter. Which approach best reflects statutory interpretation?
- A
Decide based only on whether allowing scooters seems like good policy.
- B
Examine the ordinance's wording and context, including related provisions, to determine whether scooters are covered.
- C
Assume that every object capable of movement is a vehicle.
- D
Ignore the ordinance's text and follow the preference of the party who enacted it.
A court considers an appellate decision from another jurisdiction that addresses a similar legal issue. How should the court generally treat that decision?
- A
It is automatically binding because its facts are similar.
- B
It may be persuasive, but it is not necessarily binding.
- C
It cannot be considered by the court.
- D
It is binding only if it is a secondary authority.
A business argues that its preferred policy should govern a dispute, while the applicable statute may point toward a different result. Describe how a lawyer should structure a balanced IRAC analysis, including how to handle facts that support either side and any remaining uncertainty.
A court is researching a dispute and finds a government agency regulation issued under authority delegated by a statute. Which source is primary authority?
- A
A regulation issued by an agency under authority delegated by a statute
- B
A legal treatise explaining how courts interpret the statute
- C
A law-review article analyzing the statute
- D
A legal encyclopedia summarizing the statute
A party argues that a trial court applied the wrong legal rule. Which task most directly belongs to an appellate court?
- A
It retries the case and ordinarily receives new evidence.
- B
It reviews claimed legal or procedural errors from an earlier decision.
- C
It issues regulations under authority delegated by a statute.
- D
It determines which laws the legislature should enact.
The Supremacy Clause means that federal law overrides conflicting state law even when the federal government lacks constitutional or statutory authority over the subject.
- A
True
- B
False
A judge includes a comment in an opinion that is not necessary to resolve the case. What is the legal term for that comment?
A federal district court is deciding a legal issue covered by an applicable ruling from its own federal court of appeals. How should the district court treat that ruling?
- A
A federal district court in the same circuit generally must follow the applicable ruling.
- B
A federal district court in another circuit must always follow the ruling.
- C
A state trial court must follow the ruling in every state-law dispute.
- D
A legal encyclopedia makes the ruling binding on all courts.
In IRAC, which component compares the facts with each element of the governing rule and addresses facts that support or weaken each side?
A city ordinance bars “vehicles” from a public park but does not define the term. A court must decide whether the restriction covers an electric scooter. Which approach best reflects statutory interpretation?
- A
Treat the scooter as covered whenever doing so would best advance the judge's preferred policy.
- B
Assume that every ordinary meaning applies without considering the ordinance's context.
- C
Examine the ordinance's text in context, including related provisions, before deciding whether the term covers the scooter.
- D
Rely only on what the city council might have intended, without examining the enacted text.