Legal Analysis Exam 1 – Case Law, Legal Reasoning, IRAC Method, and Problem-
Solving Study Guide
Which of the following are sources of federal law?
rules of federal administrative agencies.
decisions of the federal courts.
executive orders of the President.
laws passed by Congress.
All of the above are sources of federal law. - correct answer ✔✔All of the above are sources of
federal law.
Assume that the state of Kentucky passes a law prohibiting county clerks from issuing marriage
licenses to gay couples. Under the Supremacy Clause, this state statute would be invalid
because it conflicts with the U.S. Supreme Court's recent decision that the US Constitution
permits gay couples to marry.
True
False - correct answer ✔✔True
Under the doctrine of stare decisis, judges in current cases are free to disregard prior precedent
from the same or a higher level court, even in cases where the facts and legal issues are very
similar.
True
False - correct answer ✔✔False
The Washington state Supreme Court ruled on September 4, 2015, that the state's charter
schools are unconstitutional, overturning a 2012 state law that allowed public funding of
privately operated schools. This decision is a binding precedent that the lower courts in
Washington and all other states must now follow.
True
, False - correct answer ✔✔False
Assume that a case appealed to the Supreme Court of Georgia raises an issue that has never
been resolved by the court. In this "case of first impression" the Georgia Supreme Court may
borrow the analysis and reasoning of the Florida Supreme Court, which decided a case with
very similar facts last year. This is called
-distinguishing a prior precedent because the facts are different.
-reversing a precedent.
-following a binding precedent.
-adopting a persuasive precedent. - correct answer ✔✔adopting a persuasive precedent.
Assuming that it has issued a regulation on exactly the same subject matter, an OSHA (the
federal Occupational Safety and Health Administration) regulation would likely take precedence
over all of the following except:
-A Georgia state statute regulating number of hours that 15-17 year olds may work in a
particular week
-A federal statute that prohibits businesses from refusing to serve vaccinated individuals who
refuse to wear a mask
-An Atlanta City Ordinance regulating the number of fire extinguishers required in a restaurant
within the city limits
-A Georgia state constitutional provision guaranteeing Georgia citizens the right to bear arms in
the workplace - correct answer ✔✔A federal statute that prohibits businesses from refusing to
serve vaccinated individuals who refuse to wear a mask
Courts in Georgia can provide both legal and equitable remedies
True
False - correct answer ✔✔True
The US Constitution explicitly provides for judicial review by the Supreme Court to determine if
acts of Congress are constitutional
Solving Study Guide
Which of the following are sources of federal law?
rules of federal administrative agencies.
decisions of the federal courts.
executive orders of the President.
laws passed by Congress.
All of the above are sources of federal law. - correct answer ✔✔All of the above are sources of
federal law.
Assume that the state of Kentucky passes a law prohibiting county clerks from issuing marriage
licenses to gay couples. Under the Supremacy Clause, this state statute would be invalid
because it conflicts with the U.S. Supreme Court's recent decision that the US Constitution
permits gay couples to marry.
True
False - correct answer ✔✔True
Under the doctrine of stare decisis, judges in current cases are free to disregard prior precedent
from the same or a higher level court, even in cases where the facts and legal issues are very
similar.
True
False - correct answer ✔✔False
The Washington state Supreme Court ruled on September 4, 2015, that the state's charter
schools are unconstitutional, overturning a 2012 state law that allowed public funding of
privately operated schools. This decision is a binding precedent that the lower courts in
Washington and all other states must now follow.
True
, False - correct answer ✔✔False
Assume that a case appealed to the Supreme Court of Georgia raises an issue that has never
been resolved by the court. In this "case of first impression" the Georgia Supreme Court may
borrow the analysis and reasoning of the Florida Supreme Court, which decided a case with
very similar facts last year. This is called
-distinguishing a prior precedent because the facts are different.
-reversing a precedent.
-following a binding precedent.
-adopting a persuasive precedent. - correct answer ✔✔adopting a persuasive precedent.
Assuming that it has issued a regulation on exactly the same subject matter, an OSHA (the
federal Occupational Safety and Health Administration) regulation would likely take precedence
over all of the following except:
-A Georgia state statute regulating number of hours that 15-17 year olds may work in a
particular week
-A federal statute that prohibits businesses from refusing to serve vaccinated individuals who
refuse to wear a mask
-An Atlanta City Ordinance regulating the number of fire extinguishers required in a restaurant
within the city limits
-A Georgia state constitutional provision guaranteeing Georgia citizens the right to bear arms in
the workplace - correct answer ✔✔A federal statute that prohibits businesses from refusing to
serve vaccinated individuals who refuse to wear a mask
Courts in Georgia can provide both legal and equitable remedies
True
False - correct answer ✔✔True
The US Constitution explicitly provides for judicial review by the Supreme Court to determine if
acts of Congress are constitutional
