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Exam 1: Law and Legal Reasoning

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Question 31

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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.

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Question 32

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

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Question 33

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There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. The court can consider, among other things,​

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

A citation identifies the publication in which a legal authority can be found.​

A jury's good sense and careful consideration of consequences is known as jurisprudence.​

Business decision makers are expected to make decisions that are ethically sound.​

Damages are a remedy at law.​

Erin believes that a higher, or universal, law exists that applies to all human beings. Erin asserts that each written law should reflect the principles inherent in this higher law. Erin​

A key to avoiding business disputes is to go ahead without thinking ahead.​

Administrative law consists of the rules, orders, and decisions of administrative agencies.​

In Benny 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 Dora v. Even Steven Auto Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to​

Most state trial court decisions are not published.​

Statutory law does not include county ordinances.​

Laws and government regulations affect almost all business activities.​

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

As a judge, Baxter applies common law rules. These rules develop from​

Kevin 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 Kevin to find previously decided cases that, in relation to the case under consideration, are​

Deb and Earl are involved in a lawsuit. This is​

In a lawsuit between Cloud Computing Corporation and Digital Enterprises, Inc., the court applies the doctrine of stare decisis. What is this doctrine? What does this doctrine have to do with the American legal system?