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Exam 1: Legal Foundations

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Question 41

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A state statute mandates that the statute of limitations for a negligence lawsuit is two years and the plaintiff is barred from filing the suit if he or she files after that time.This statute is an example of a

A) private law.
B) procedural law.
C) criminal law.
D) substantive law.

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Question 42

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Name the three essential functions of the U.S.Constitution.

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The Constitution addresses three broad a...

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Question 43

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Freedom of speech,as defined in the Constitution,is an example of substantive law.

Black's Law Dictionary,as cited in the textbook,defines the term "law" as including each of the following except

Aggressive litigation generally results in a high monetary cost for a corporation.

Once stare decisis and case precedent is established

Courts routinely question and overturn administrative-agency decisions involving how and when an agency enforces a regulation.

A case of first impression comes before a state court in Illinois.While the issue has not been heard in Illinois courts,appellate courts in the states of Wisconsin,Iowa,and Indiana have definitively ruled on the issue,although the outcomes of the various cases were slightly different in each case.Further,the case heard by the Indiana court was definitively ruled upon by the U.S.Supreme Court.Explain whether the court in Illinois is bound by the decision of any of the other courts,and why.

Which of the following types of law is not primarily based on statutes?

Bradley collects historic memorabilia,and one of his prized possessions is the pistol used by Aaron Burr in his duel with Alexander Hamilton.After reading an article in a magazine,Bradley discovers that Sam owns the matching pistol,used by Hamilton in the duel.Bradley contacts Sam and offers him $500,000 for the pistol.Sam e-mails Bradley that he accepts his offer but that the transaction must be for cash and face to face.Bradley responds that he'll be at Sam's home at noon the next day with the money.When he arrives,Sam informs him that he's received an offer of $600,000 for the pistol and states that Bradley must pay that amount or he'll sell to the other buyer.Bradley wants the weapon to complete the set.If he sues Sam,what course of action will best provide him the results he desires?

All statutes have both a statutory scheme and a legislative history.

A state's appellate court has made a decision in a particular case.That decision becomes case precedent in all cases except the cases heard in

Define and explain the concepts of permanence and preemption as they apply regarding the U.S.Constitution.

Discuss the differences between the common law and civil law with regard to precedent and the court's right to establish new law.

Jurisprudence is defined as

The power of courts to establish law in matters not specifically addressed by statutes is very limited in common law countries.

Restatements of the Law are written and revised by Congress and state legislatures as needed.

Regulations created and enforced by federal regulatory agencies are examples of

The authoritative source for legal terms is

New York City has passed a law banning cigarette and cigar smoking in public bars and restaurants.This law would be defined as