BLaw Exam #1 Practice Questions
Are secondary sources law?
Yes or No - correct answer ✔✔No
Four primary sources of law in US - correct answer ✔✔-Constitutional Law
-Statutory Law
-Administrative Law
-Case Law
Which of the following is not a 'primary source of law'?
A) Local ordinances: local governing body (some areas call this laws or statues)
B) Legal treatises
C) A court opinion/decision "opinion" in court term, it is a source of law because a court opinion is a
term for "court decision or conclusion"
D) A state constitution - correct answer ✔✔B) Legal Treaties (secondary source)
What document is known as the supreme law of the land? - correct answer ✔✔The US Constitution
What is the role of the court if a question arises that involves a constitutional question? - correct answer
✔✔To interpret and apply the law
The New York legislature has passed a law that conflicts with a provision in the U.S. Constitution. If
challenged
A) A court will not enforce either provision
B) The court will establish a compromise between the two provisions
C) A court will enforce the New York state provision
D) A court will enforce the U.S. Constitution - correct answer ✔✔D) A court will enforce the U.S.
Constitution
, The states of Delaware and New Jersey have enacted different catch limits for recreational flounder
fishermen. Delaware enacted its catch limits prior to N.J. The federal government has not enacted a
federal catch limit. If challenged, which state's law will be deemed valid?
A) Delaware
B) New Jersey
C) Both - correct answer ✔✔C) Both - laws are valid because the state law does not directly conflict with
a federal law and states can do whatever they want
Consider model/uniform codes and choose which of the following is incorrect:
A) Uniform codes are the law of the applicable jurisdiction at the time they are written
B) Uniform codes must be adopted by a state legislature before they become law
C) Even if a uniform code is not enacted, the code can have persuasive value
D) A state may adopt part of a uniform law, but opt to reject other portions - correct answer ✔✔Uniform
codes are the law of the applicable jurisdiction at the time they are written
The New Jersey Supreme Court held that a minor could cancel a contract for the purchase of a car. Now,
a lower trial court in NJ is deciding a case with similar facts. Under stare decisis, which of the following
are true?
A) The trial court is likely to:
Allow the minor to cancel the contract —> lower courts will follow higher court rulings and decisions
B) Disregard the prior NJ Supreme Court case
C) Require the minor to fulfill the contract - correct answer ✔✔A) The trial court is likely to:
Allow the minor to cancel the contract —> lower courts will follow higher court rulings and decisions
Anne paid $1400 for a new computer from Lemon Corps. The computer does not work. Anne wants her
money back. Anne should ask for
A) A remedy at law
B) An equitable remedy - correct answer ✔✔A) A remedy at law
If Anne wants a working computer instead of her money back, Anne should petition for the equitable
relief of . . . (Hint: a purchase is a type of CONTRACT):
Are secondary sources law?
Yes or No - correct answer ✔✔No
Four primary sources of law in US - correct answer ✔✔-Constitutional Law
-Statutory Law
-Administrative Law
-Case Law
Which of the following is not a 'primary source of law'?
A) Local ordinances: local governing body (some areas call this laws or statues)
B) Legal treatises
C) A court opinion/decision "opinion" in court term, it is a source of law because a court opinion is a
term for "court decision or conclusion"
D) A state constitution - correct answer ✔✔B) Legal Treaties (secondary source)
What document is known as the supreme law of the land? - correct answer ✔✔The US Constitution
What is the role of the court if a question arises that involves a constitutional question? - correct answer
✔✔To interpret and apply the law
The New York legislature has passed a law that conflicts with a provision in the U.S. Constitution. If
challenged
A) A court will not enforce either provision
B) The court will establish a compromise between the two provisions
C) A court will enforce the New York state provision
D) A court will enforce the U.S. Constitution - correct answer ✔✔D) A court will enforce the U.S.
Constitution
, The states of Delaware and New Jersey have enacted different catch limits for recreational flounder
fishermen. Delaware enacted its catch limits prior to N.J. The federal government has not enacted a
federal catch limit. If challenged, which state's law will be deemed valid?
A) Delaware
B) New Jersey
C) Both - correct answer ✔✔C) Both - laws are valid because the state law does not directly conflict with
a federal law and states can do whatever they want
Consider model/uniform codes and choose which of the following is incorrect:
A) Uniform codes are the law of the applicable jurisdiction at the time they are written
B) Uniform codes must be adopted by a state legislature before they become law
C) Even if a uniform code is not enacted, the code can have persuasive value
D) A state may adopt part of a uniform law, but opt to reject other portions - correct answer ✔✔Uniform
codes are the law of the applicable jurisdiction at the time they are written
The New Jersey Supreme Court held that a minor could cancel a contract for the purchase of a car. Now,
a lower trial court in NJ is deciding a case with similar facts. Under stare decisis, which of the following
are true?
A) The trial court is likely to:
Allow the minor to cancel the contract —> lower courts will follow higher court rulings and decisions
B) Disregard the prior NJ Supreme Court case
C) Require the minor to fulfill the contract - correct answer ✔✔A) The trial court is likely to:
Allow the minor to cancel the contract —> lower courts will follow higher court rulings and decisions
Anne paid $1400 for a new computer from Lemon Corps. The computer does not work. Anne wants her
money back. Anne should ask for
A) A remedy at law
B) An equitable remedy - correct answer ✔✔A) A remedy at law
If Anne wants a working computer instead of her money back, Anne should petition for the equitable
relief of . . . (Hint: a purchase is a type of CONTRACT):
