LRW Midterm Review Questions and answers

LRW Midterm Review Questions and
answers

True or False? Congress and state legislatures enact laws called statutes - correct answer
✔✔True



True or False? Administrative agencies create laws called regulations - correct answer ✔✔True



True or False? Administrative agencies make laws called statutes - correct answer ✔✔False



True or False? Courts create law called caselaw - correct answer ✔✔True



What is another name for a United States Court of Appeals? - correct answer ✔✔United States
Circuit Court



Describe the difference between primary and secondary authority - correct answer
✔✔Secondary authority explains and summarizes the law. Primary authority is the law.



Primary authorities include which of the following?

A. TreatisesA

B. Encyclopedias

C. Statutes

D. Caselaw - correct answer ✔✔Statues and Caselaw



Identify the name of the highest court in most states - correct answer ✔✔Supreme Court

,Bennett lost on his claim in U.S. District Court for Middle District of Alabama. He plans to appeal
that federal trial court's decision. Which court has the legal authority to hear his direct appeal? -
correct answer ✔✔U.S. Court of Appeals for the Eleventh District



Bronner is a summer associate at a law firm in TN. During class, he posted photos on social
media instead of listening to class on subject matter jurisdiction. He wants your advice to
determine whether the firm's client could bring claims based on TN and federal laws in the TN
trial courts of general jurisdiction. Identify the claims that those trial courts have the legal right
to decide.

A. Claims based on many federal statutes.

B. Claims based on TN statutes

C. Claims based on TN common law

D. Claims based on TN regulations - correct answer ✔✔A. Claims based on many federal
statutes.

B. Claims based on TN statutes

C. Claims based on TN common law

D. Claims based on TN regulations



True or False? A case from the Supreme Court of TN is secondary authority - correct answer
✔✔False



True or False? A treatise is primary authority - correct answer ✔✔False



True or False? The common law includes rules from court cases decided in the absence of a
statute or other enacted law - correct answer ✔✔True



True or False? Secondary authority, such as a respected treatise on tort law, is sometimes
binding on a court. - correct answer ✔✔False

, True or False? Under the doctrine of stare decisis, courts generally follow prior decisions based
on the maxim of justice that similar cased ought to be similarly decided. - correct answer
✔✔True



You are before the United States Court of Appeals for the Eleventh Circuit on a federal statutory
issue. Which authority is binding on your court?

A. Well-respected treatise

B. Legal encyclopedia

C. Cases from other three-judge panels in the Eleventh Circuit

D. Cases from the Supreme Court of Alabama - correct answer ✔✔C. Cases from other three-
judge panels in the Eleventh Circuit



You are before a state trial court in GA on a claim for breach of contract, which is a state law
issue. Which authority is binding on your court?

A. Cases from SCOTUS

B. Cases from Supreme Court of GA

C. Cases from SCOTUS and from the Supreme Court of GA

D. Cases from the U.S. Court of Appeals for the Eleventh Circuit - correct answer ✔✔B. Cases
from Supreme Court of GA



You are defending a client against a Michigan law battery claim in the Third Judicial Circuit court,
a MI trial court. Which authority is binding on your court for the elements of a battery claim?

A. Cases from SCOTUS

B. Cases from U.S. Court of Appeals for Sixth Circuit (MI is in Sixth Circuit)

C. Cases from Michigan Court of Appeals

D. Cases from Michigan trial court in neighboring county - correct answer ✔✔C. Cases from
Michigan Court of Appeals