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ch1
Student: ___________________________________________________________________________
1. The U.S. Constitution recognizes the states' power to make law in certain areas.
True False
2. Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars; they become law only
after legislature enacts them.
True False
3. The Restatements usually state binding common law rules, promulgated by the American Law Institute.
True False
4. Common law is a state law and hence only the state courts can apply the same.
True False
5. If an international treaty signed in 1997 conflicts with a statute which was promulgated by federal legislature
in 2007 and the subject matter of conflict is purely domestic in nature, the international treaty being the supreme
law of land should prevail.
True False
6. Both civil and criminal liability can sometimes co-exist and can be claimed at the same time.
True False
7. A State Homicide statute is an example of a Substantive law, Criminal Law and Public Law.
True False
8. Though formal natural law defense is not recognized in court, judges do take natural law oriented views
while interpreting a Statute.
True False
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9. American legal realists distinguish between the "law in the books" and the "law in action" and they recognize
law as the behavior of public officials (mainly judges) as they deal with matters before the legal system.
True False
10. The "Critical Legal Studies" movement regards the law as the product of political calculation and class
biases of lawmakers.
True False
11. The State Statute says, "a driver operating a motor vehicle on road above 60 miles per hour must pay a fine
of $50." Ann was driving her car at 65 miles per hour for which she was arrested, but the fact could not be
proven in Court of law. She will be required to pay the fine as she had exceeded the speed limit.
True False
12. Doctrine of Stare Decisis states that like cases should be decided alike.
True False
13. Courts always interpret statutes by following the plain meaning of their words.
True False
14. The doctrine of standing to sue requires that, in order to be able to mount a civil suit, a plaintiff must have
some direct and considerable stake in the outcome of the suit.
True False
15. Law does not allow parties to advance to the Court of Law seeking judgment on controversial issues that
have not yet risen between them.
True False
16. Administrative agencies make:
A. executive orders.
B. agency decisions.
C. ordinances.
D. common law.
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17. Which of the following is false regarding equity?
A. Today, most states have abolished separate equity courts.
B. The typical equitable remedy is money damages.
C. The rules of equity are not very precise and technical.
D. Equitable principles cannot defeat statutes.
18. Why were equitable remedies developed?
A. Because the common law rules were too flexible to accurately predict the outcome of disputes.
B. Because the common law rules sometimes would produce unfair results.
C. Because statutes were too flexible to accurately predict the outcome of disputes.
D. Because statutes sometimes would produce unfair results.
19. Which of the following defeats a federal statute in case of a clash between them?
A. A state statute.
B. A state constitution.
C. An equitable principle.
D. US Constitution.
20. In general, when there is a conflict in law between a statutory rule and a common law rule which rule will
prevail?
A. The common law rule.
B. The statutory rule.
C. The rule that was last in time to be developed.
D. The common law rule will prevail but only if it was developed by a State supreme court.
21. Jeff was murdered in his residence in 1990. The murder remained unsolved till 2003, when the DNA
evidence established that Gulliver had committed the crime. At the time of the murder, Gulliver was an
employee at his parent's company, which serviced the telephone lines of Jeff's residence. Gulliver was held
guilty of the crime.
Later in the year, Jeff's daughter sued the Company that employed Gulliver, his parents and two of his friends,
alleging negligent hiring and monitoring of Gulliver. The defendant sought dismissal of the claim on the theory
that the plaintiff's action was barred by the statute of limitation. Under such circumstances, will Jeff's daughter
succeed?
A. Yes, because of Common Law "Discovery Rule".
B. Yes, as per laws of equity.
C. No, because it gets barred by Statute of Limitation and if a statutory provision and common law conflict, the
common law must yield.
D. No, because the case is already decided and Gulliver has been punished in an earlier case.
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22. Which of the following is both civil and substantive?
A. A state's contract law.
B. A state murder statute.
C. A state's rules for the conduct of a civil trial.
D. A state's rules for appealing a civil judgment.
23. John was angry because Harry is now dating John's former girlfriend. One day, as John was driving his car,
he saw Harry walking by the side of the road. John deliberately swerved and struck Harry with the car. John
may be successfully sued under:
A. criminal law only.
B. civil law only.
C. either criminal law or civil law but not both.
D. both criminal law and civil law.
24. Legal positivists typically say that:
A. an unjust law is not law.
B. validly of enacted laws should be obeyed, just or not.
C. the law should keep up with changing times.
D. justice is what the judge ate for breakfast.
25. Which of the following statements is most typical of American legal realists?
A. "Law is the command of the supreme law-making authority."
B. "The first requirement of a sound body of law is that it corresponds with the actual feelings and demands of
the community, whether right or wrong."
C. "What legal decision-makers actually do is more important than the legal rules written down in books."
D. "An immoral or unjust law is not a law at all."
26. Which of the following is not the function of law?
A. Peacekeeping
B. Arming government with arbitrary absolute power
C. Promoting social justice
D. Protecting the environment
27. The doctrine of stare decisis says that:
A. courts should follow the plain meaning of statutes and not worry about anything else.
B. courts should look at legislative history when interpreting statutes.
C. common law rules, once established, can never change.
D. in common law cases, like cases should be decided alike.
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28. Henry and Barbara were sharing a Cool-Ayd cold drink, and were alarmed to find a condom floating inside
the drink. Distressed and nauseated, they rushed to the hospital to undergo tests. On their doctor's suggestion,
they underwent two successive HIV tests within a period of 6 months. In the meantime, in an action for torts,
Cool-Ayd analysts proved that the object found in the bottle was indeed a sugar mould. Under the given
circumstances, will Henry and Barbara get relief for emotional distress in an action for tort, when no damage
has occurred?
A. No. Since torts remedy accrues to parties as per the impact rule which states that tort remedy flows from
injuries sustained in an impact. There was no injury in this case. Thus the parties have no cause of action and
hence no relief to the parties.
B. No. They should have checked the Cold-drink before consuming it. Company is hence not liable.
C. Yes. Damages for emotional distress should be recoverable even in the absence of a physical
injury–producing impact.
D. Yes. Company is liable to its consumers because impact rule does not apply in such a case.
29. Statutes are often vague or ambiguous, because of all the compromises needed to secure enough political
support to enact them into law. When a court must apply an ambiguous statute, it needs a tool to discern the
intent of the authors of that statute. Such a tool is:
A. the plain meaning rule.
B. legislative history.
C. strict construction.
D. judicial restraint.
30. Which of the following statements regarding statutory interpretation is most accurate?
A. Statutes are easier to interpret than case law.
B. Legislators may deliberately use ambiguous language in writing a statute when they are unwilling or unable
to deal specifically with every situation that the statute was enacted to regulate.
C. Judges confine their interpretation of a statute to its "plain meaning" only.
D. Legislators understand that courts are reluctant to fill in the details of statutes.
31. Company A adopted a policy under which its employees aged over 50 years would be given preference of
availing company sponsored transport facility. Marrina, aged 55 years was provided transport facility. However
Henry, aged 46 years was denied the same. Henry challenged the Company policy as violative of Age
Discrimination in Employment Act (ADEA) which forbids discriminatory preferences for the young over the
old. Will Henry succeed in the Court of Law?
A. Yes, as per plain meaning rule of statutory interpretation.
B. Yes, as per the rule of Legislative Purpose.
C. No, as per the rule of Legislative Purpose.
D. Yes, as per the rule of "General Public Purpose."
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32. Which of the following is false about the power of courts?
A. Courts are not absolutely bound to favor one technique of statutory interpretation over another.
B. Courts can distinguish prior decisions in common law cases.
C. State Supreme Courts can overrule their own prior decisions.
D. Trial courts can decide abstract propositions of law even though there is no real case or controversy between
existing parties with a tangible stake in the outcome of the controversy.
33. Which of the following lets courts help parties determine their rights and duties even though neither may yet
have been harmed, so long as there is a real case or controversy between them?
A. A declaratory judgment statute.
B. The ejusdem generis rule.
C. The rule of no liability outside privity of contract.
D. The public law.
34. The person who is harmed and who brings a lawsuit against the party that harmed him/her, is called the:
A. plaintiff.
B. defendant.
C. party of the first part.
D. party of the second part.
35. Evan plans to open a Company named "Marryland" for which her trademark is "M". This trademark in no
way resembles the famous McDonald's Trademark. However, she fears that the latter might think otherwise and
sue her in future. Evan wants to take no risk and hence seeks Court's judgment on the issue. Can she do it?
A. Yes, she can do it under State and Federal declaratory judgment statutes.
B. Yes, she can do it because she wishes to seek Court's opinion.
C. No, she cannot agitate an issue that has not yet arisen.
D. No, she cannot agitate the issue as she knows that the two marks are not similar.
36. Which technique of statutory interpretation was most emphasized (and used) in the Weber case in the text?
A. The plain meaning rule.
B. Interpreting a statute consistent with its purpose.
C. Following prior interpretations of a statute.
D. Maxims of statutory construction.
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37. What do statutes and administrative regulations have in common?
38. It is the year 2010, and the Supreme Court is about to issue a decision on the constitutionality of a state
statute forbidding sexual relations between humans and animals. Rita Righteous, a Supreme Court Justice, was
well-known for her natural law views before she arrived on the Court, and she still holds them. From this fact
alone, can you predict how Rita will vote on this issue? If not, what else would you need to know? Assume that
under natural law principles, it is all right for judges to let those principles dictate how they will decide legal
matters.
39. Sociological jurisprudence has a tendency to say that, when interpreting and applying the law, courts should
pay attention to changing social values and let the law reflect those new values. How is this different from the
natural law approach, which also talks about values?
40. Stare decisis says that like cases should be decided alike. Yet the text says that stare decisis enables the
common law to evolve and change. How can this apparent inconsistency be resolved?
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41. Analyze the liability of Internet Service Provider under Sec 230 of Communications Decency Act (CDA)
from the cases of Chicago Lawyers Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc., and Fair
Housing Council of San Fernando Valley v.Roommate.com, LLC.
42. In the Rucker case, what approach to statutory interpretation does the United States Supreme Court take?
How did the Court analyze the statute using this approach?
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ch1 Key
1. (p. 3) The U.S. Constitution recognizes the states' power to make law in certain areas.
TRUE
AACSB: Analytic
BT: Knowledge
Difficulty: Easy
Mallor - Chapter 01 #1
2. (p. 3) Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars; they become law
only after legislature enacts them.
TRUE
AACSB: Analytic
BT: Comprehension
Difficulty: Medium
Mallor - Chapter 01 #2
3. (p. 3) The Restatements usually state binding common law rules, promulgated by the American Law Institute.
FALSE
AACSB: Analytic
BT: Knowledge
Difficulty: Medium
Mallor - Chapter 01 #3
4. (p. 4) Common law is a state law and hence only the state courts can apply the same.
FALSE
AACSB: Analytic
BT: Comprehension
Difficulty: Medium
Mallor - Chapter 01 #4
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5. (p. 6) If an international treaty signed in 1997 conflicts with a statute which was promulgated by federal
legislature in 2007 and the subject matter of conflict is purely domestic in nature, the international treaty being
the supreme law of land should prevail.
FALSE
AACSB: Reflective Thinking
BT: Application
Difficulty: Hard
Mallor - Chapter 01 #5
6. (p. 8) Both civil and criminal liability can sometimes co-exist and can be claimed at the same time.
TRUE
AACSB: Reflective Thinking
BT: Comprehension
Difficulty: Medium
Mallor - Chapter 01 #6
7. (p. 9) A State Homicide statute is an example of a Substantive law, Criminal Law and Public Law.
TRUE
AACSB: Analytic
BT: Analysis
Difficulty: Medium
Mallor - Chapter 01 #7
8. (p. 9) Though formal natural law defense is not recognized in court, judges do take natural law oriented views
while interpreting a Statute.
TRUE
AACSB: Reflective Thinking
BT: Comprehension
Difficulty: Hard
Mallor - Chapter 01 #8
9. (p. 10) American legal realists distinguish between the "law in the books" and the "law in action" and they
recognize law as the behavior of public officials (mainly judges) as they deal with matters before the legal
system.
TRUE
AACSB: Analytic
BT: Knowledge
Difficulty: Medium
Mallor - Chapter 01 #9
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10. (p. 11) The "Critical Legal Studies" movement regards the law as the product of political calculation and class
biases of lawmakers.
TRUE
AACSB: Analytic
BT: Knowledge
Difficulty: Medium
Mallor - Chapter 01 #10
11. (p. 12) The State Statute says, "a driver operating a motor vehicle on road above 60 miles per hour must pay a
fine of $50." Ann was driving her car at 65 miles per hour for which she was arrested, but the fact could not be
proven in Court of law. She will be required to pay the fine as she had exceeded the speed limit.
FALSE
AACSB: Reflective Thinking
BT: Application
Difficulty: Medium
Mallor - Chapter 01 #11
12. (p. 12) Doctrine of Stare Decisis states that like cases should be decided alike.
TRUE
AACSB: Analytic
BT: Knowledge
Difficulty: Easy
Mallor - Chapter 01 #12
13. (p. 16) Courts always interpret statutes by following the plain meaning of their words.
FALSE
AACSB: Analytic
BT: Analysis
Difficulty: Easy
Mallor - Chapter 01 #13
14. (p. 23) The doctrine of standing to sue requires that, in order to be able to mount a civil suit, a plaintiff must
have some direct and considerable stake in the outcome of the suit.
TRUE
AACSB: Analytic
BT: Knowledge
Difficulty: Easy
Mallor - Chapter 01 #14
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15. (p. 24) Law does not allow parties to advance to the Court of Law seeking judgment on controversial issues
that have not yet risen between them.
FALSE
AACSB: Reflective Thinking
BT: Analysis
Difficulty: Hard
Mallor - Chapter 01 #15
16. (p. 5) Administrative agencies make:
A. executive orders.
B. agency decisions.
C. ordinances.
D. common law.
AACSB: Analytic
BT: Knowledge
Difficulty: Medium
Mallor - Chapter 01 #16
17. (p. 5) Which of the following is false regarding equity?
A. Today, most states have abolished separate equity courts.
B. The typical equitable remedy is money damages.
C. The rules of equity are not very precise and technical.
D. Equitable principles cannot defeat statutes.
AACSB: Analytic
BT: Comprehension
Difficulty: Medium
Mallor - Chapter 01 #17
18. (p. 5) Why were equitable remedies developed?
A. Because the common law rules were too flexible to accurately predict the outcome of disputes.
B. Because the common law rules sometimes would produce unfair results.
C. Because statutes were too flexible to accurately predict the outcome of disputes.
D. Because statutes sometimes would produce unfair results.
AACSB: Analytic
BT: Comprehension
Difficulty: Medium
Mallor - Chapter 01 #18
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19. (p. 6) Which of the following defeats a federal statute in case of a clash between them?
A. A state statute.
B. A state constitution.
C. An equitable principle.
D. US Constitution.
AACSB: Analytic
BT: Analysis
Difficulty: Medium
Mallor - Chapter 01 #19
20. (p. 6) In general, when there is a conflict in law between a statutory rule and a common law rule which rule
will prevail?
A. The common law rule.
B. The statutory rule.
C. The rule that was last in time to be developed.
D. The common law rule will prevail but only if it was developed by a State supreme court.
AACSB: Analytic
BT: Analysis
Difficulty: Medium
Mallor - Chapter 01 #20
21. (p. 7) Jeff was murdered in his residence in 1990. The murder remained unsolved till 2003, when the DNA
evidence established that Gulliver had committed the crime. At the time of the murder, Gulliver was an
employee at his parent's company, which serviced the telephone lines of Jeff's residence. Gulliver was held
guilty of the crime.
Later in the year, Jeff's daughter sued the Company that employed Gulliver, his parents and two of his friends,
alleging negligent hiring and monitoring of Gulliver. The defendant sought dismissal of the claim on the theory
that the plaintiff's action was barred by the statute of limitation. Under such circumstances, will Jeff's daughter
succeed?
A. Yes, because of Common Law "Discovery Rule".
B. Yes, as per laws of equity.
C. No, because it gets barred by Statute of Limitation and if a statutory provision and common law conflict, the
common law must yield.
D. No, because the case is already decided and Gulliver has been punished in an earlier case.
AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Hard
Mallor - Chapter 01 #21
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22. (p. 8) Which of the following is both civil and substantive?
A. A state's contract law.
B. A state murder statute.
C. A state's rules for the conduct of a civil trial.
D. A state's rules for appealing a civil judgment.
AACSB: Analytic
BT: Comprehension
Difficulty: Medium
Mallor - Chapter 01 #22
23. (p. 8) John was angry because Harry is now dating John's former girlfriend. One day, as John was driving his
car, he saw Harry walking by the side of the road. John deliberately swerved and struck Harry with the car. John
may be successfully sued under:
A. criminal law only.
B. civil law only.
C. either criminal law or civil law but not both.
D. both criminal law and civil law.
AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Medium
Mallor - Chapter 01 #23
24. (p. 9) Legal positivists typically say that:
A. an unjust law is not law.
B. validly of enacted laws should be obeyed, just or not.
C. the law should keep up with changing times.
D. justice is what the judge ate for breakfast.
AACSB: Analytic
BT: Knowledge
Difficulty: Medium
Mallor - Chapter 01 #24
25. (p. 10) Which of the following statements is most typical of American legal realists?
A. "Law is the command of the supreme law-making authority."
B. "The first requirement of a sound body of law is that it corresponds with the actual feelings and demands of
the community, whether right or wrong."
C. "What legal decision-makers actually do is more important than the legal rules written down in books."
D. "An immoral or unjust law is not a law at all."
AACSB: Analytic
BT: Comprehension
Difficulty: Medium
Mallor - Chapter 01 #25
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26. (p. 11) Which of the following is not the function of law?
A. Peacekeeping
B. Arming government with arbitrary absolute power
C. Promoting social justice
D. Protecting the environment
AACSB: Analytic
BT: Analysis
Difficulty: Easy
Mallor - Chapter 01 #26
27. (p. 12) The doctrine of stare decisis says that:
A. courts should follow the plain meaning of statutes and not worry about anything else.
B. courts should look at legislative history when interpreting statutes.
C. common law rules, once established, can never change.
D. in common law cases, like cases should be decided alike.
AACSB: Analytic
BT: Comprehension
Difficulty: Medium
Mallor - Chapter 01 #27
28. (p. 13) Henry and Barbara were sharing a Cool-Ayd cold drink, and were alarmed to find a condom floating
inside the drink. Distressed and nauseated, they rushed to the hospital to undergo tests. On their doctor's
suggestion, they underwent two successive HIV tests within a period of 6 months. In the meantime, in an action
for torts, Cool-Ayd analysts proved that the object found in the bottle was indeed a sugar mould. Under the
given circumstances, will Henry and Barbara get relief for emotional distress in an action for tort, when no
damage has occurred?
A. No. Since torts remedy accrues to parties as per the impact rule which states that tort remedy flows from
injuries sustained in an impact. There was no injury in this case. Thus the parties have no cause of action and
hence no relief to the parties.
B. No. They should have checked the Cold-drink before consuming it. Company is hence not liable.
C. Yes. Damages for emotional distress should be recoverable even in the absence of a physical
injury–producing impact.
D. Yes. Company is liable to its consumers because impact rule does not apply in such a case.
AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Hard
Mallor - Chapter 01 #28
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29. (p. 15) Statutes are often vague or ambiguous, because of all the compromises needed to secure enough
political support to enact them into law. When a court must apply an ambiguous statute, it needs a tool to
discern the intent of the authors of that statute. Such a tool is:
A. the plain meaning rule.
B. legislative history.
C. strict construction.
D. judicial restraint.
AACSB: Analytic
BT: Comprehension
Difficulty: Medium
Mallor - Chapter 01 #29
30. (p. 15) Which of the following statements regarding statutory interpretation is most accurate?
A. Statutes are easier to interpret than case law.
B. Legislators may deliberately use ambiguous language in writing a statute when they are unwilling or unable
to deal specifically with every situation that the statute was enacted to regulate.
C. Judges confine their interpretation of a statute to its "plain meaning" only.
D. Legislators understand that courts are reluctant to fill in the details of statutes.
AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Medium
Mallor - Chapter 01 #30
31. (p. 20) Company A adopted a policy under which its employees aged over 50 years would be given preference
of availing company sponsored transport facility. Marrina, aged 55 years was provided transport facility.
However Henry, aged 46 years was denied the same. Henry challenged the Company policy as violative of Age
Discrimination in Employment Act (ADEA) which forbids discriminatory preferences for the young over the
old. Will Henry succeed in the Court of Law?
A. Yes, as per plain meaning rule of statutory interpretation.
B. Yes, as per the rule of Legislative Purpose.
C. No, as per the rule of Legislative Purpose.
D. Yes, as per the rule of "General Public Purpose."
AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Hard
Mallor - Chapter 01 #31
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32. (p. 23) Which of the following is false about the power of courts?
A. Courts are not absolutely bound to favor one technique of statutory interpretation over another.
B. Courts can distinguish prior decisions in common law cases.
C. State Supreme Courts can overrule their own prior decisions.
D. Trial courts can decide abstract propositions of law even though there is no real case or controversy between
existing parties with a tangible stake in the outcome of the controversy.
AACSB: Analytic
BT: Comprehension
Difficulty: Hard
Mallor - Chapter 01 #32
33. (p. 24) Which of the following lets courts help parties determine their rights and duties even though neither
may yet have been harmed, so long as there is a real case or controversy between them?
A. A declaratory judgment statute.
B. The ejusdem generis rule.
C. The rule of no liability outside privity of contract.
D. The public law.
AACSB: Analytic
BT: Comprehension
Difficulty: Medium
Mallor - Chapter 01 #33
34. (p. 24) The person who is harmed and who brings a lawsuit against the party that harmed him/her, is called
the:
A. plaintiff.
B. defendant.
C. party of the first part.
D. party of the second part.
AACSB: Analytic
BT: Knowledge
Difficulty: Easy
Mallor - Chapter 01 #34
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35. (p. 24) Evan plans to open a Company named "Marryland" for which her trademark is "M". This trademark in
no way resembles the famous McDonald's Trademark. However, she fears that the latter might think otherwise
and sue her in future. Evan wants to take no risk and hence seeks Court's judgment on the issue. Can she do it?
A. Yes, she can do it under State and Federal declaratory judgment statutes.
B. Yes, she can do it because she wishes to seek Court's opinion.
C. No, she cannot agitate an issue that has not yet arisen.
D. No, she cannot agitate the issue as she knows that the two marks are not similar.
AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Hard
Mallor - Chapter 01 #35
36. (p. 26) Which technique of statutory interpretation was most emphasized (and used) in the Weber case in the
text?
A. The plain meaning rule.
B. Interpreting a statute consistent with its purpose.
C. Following prior interpretations of a statute.
D. Maxims of statutory construction.
AACSB: Reflective Thinking
BT: Evaluation
Difficulty: Hard
Mallor - Chapter 01 #36
37. (p. 6) What do statutes and administrative regulations have in common?
Express statement in a rigid textual form in some book or another.
AACSB: Analytic
BT: Evaluation
Difficulty: Easy
Mallor - Chapter 01 #37
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38. (p. 9) It is the year 2010, and the Supreme Court is about to issue a decision on the constitutionality of a state
statute forbidding sexual relations between humans and animals. Rita Righteous, a Supreme Court Justice, was
well-known for her natural law views before she arrived on the Court, and she still holds them. From this fact
alone, can you predict how Rita will vote on this issue? If not, what else would you need to know? Assume that
under natural law principles, it is all right for judges to let those principles dictate how they will decide legal
matters.
No, we cannot predict Rita's decision merely from the fact that she believes in natural law. The crucial thing
here is the content of her natural law. If it has a strong libertarian content–if it involves strong natural rights of a
"personal" nature–this would push toward invalidating the statute. However, if she adheres to a form of natural
law (Aquinas's conception?) that would condemn sexual relations with animals, then she would regard the
statute as a just law that ought to be enforced and obeyed.
AACSB: Reflective Thinking
BT: Application
Difficulty: Medium
Mallor - Chapter 01 #38
39. (p. 10) Sociological jurisprudence has a tendency to say that, when interpreting and applying the law, courts
should pay attention to changing social values and let the law reflect those new values. How is this different
from the natural law approach, which also talks about values?
The difference is that, this kind of sociological jurisprudence is indifferent to the goodness or badness of these
new values. They examine law within its social context. Recall the "right or wrong" at the end of Holmes's
statement on the subject.
To make the contrast clear, imagine that Country X is going to the dogs in a moral sense. Sociological
jurisprudence at issue here might counsel that courts follow the new values (or anti-values) anyway–possibly
because law that doesn't fit with a society's dominant values cannot be enforced or obeyed and will not last. But
natural law would reject this stance, because it would mean the creation of unjust laws, which according to them
aren't law at all.
AACSB: Analytic
BT: Analysis
Difficulty: Hard
Mallor - Chapter 01 #39
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40. (p. 12) Stare decisis says that like cases should be decided alike. Yet the text says that stare decisis enables the
common law to evolve and change. How can this apparent inconsistency be resolved?
Stare decisis imply that like cases should be decided alike. This approach generally should give rise to rigidity
in approach and no innovation results. However, the practical anomaly is that it is not so. The courts distinguish
prior cases on factual basis by "limiting a precedent to its facts". This means that it is always possible to
distinguish a prior case because some fact in the prior case will always differ from the present case. That being
the case, courts can set up new rules to handle particular kinds of cases while still following stare decisis. Look
at the case of Hagan v. Coca-Cola Bottling Co., which is a classic example of Stare decisis.
AACSB: Analytic
BT: Comprehension
Difficulty: Hard
Mallor - Chapter 01 #40
41. (p. 15) Analyze the liability of Internet Service Provider under Sec 230 of Communications Decency Act
(CDA) from the cases of Chicago Lawyers Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc., and
Fair Housing Council of San Fernando Valley v.Roommate.com, LLC.
Though in the case of Craiglist, the Court held that Craiglist, being a service provider is not liable for the
information put online because they are the views of the user and further Craiglist is not causing the user in any
way to say such statements. Thus, the user becomes liable for issuing any statement. However in case of
Roommate.com, the Court held just the opposite making the service provider liable for causing the user to say
things that are prohibited as per the CDA. roommate.com had designed an interactive questionnaire session for
registration of user which included answers to be picked from a drop down menu. Thus the Service Provider
was liable for causing the user to mention such things contrary to CDA. Look at these cases for a detailed and
interesting analysis.
AACSB: Analytic
BT: Analysis
Difficulty: Hard
Mallor - Chapter 01 #41
42. (p. 26) In the Rucker case, what approach to statutory interpretation does the United States Supreme Court
take? How did the Court analyze the statute using this approach?
The United States Supreme Court took a "plain meaning" approach to interpreting the federal Anti-Drug Abuse
Act of 1988. The Court concluded that under the statute, a public housing authority is allowed to evict a tenant
when a member of that tenant's household or guest engages in drug-related criminal activity, regardless of
whether the tenant knew or should have known of the activity. The Court reasoned that Congress' failure to
mention a knowledge requirement combined with its use of the term "any" to modify "drug-related criminal
activity" bars any knowledge requirement under the plain language of the statute.
AACSB: Reflective Thinking
BT: Application
Difficulty: Medium
Mallor - Chapter 01 #42
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ch1 Summary
Category
# of Questions
AACSB: Analytic
28
AACSB: Reflective Thinking
14
BT: Analysis
8
BT: Application
4
BT: Comprehension
13
BT: Evaluation
8
BT: Knowledge
9
Difficulty: Easy
7
Difficulty: Hard
12
Difficulty: Medium
23
Mallor - Chapter 01
42
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