Lrw: Legal Analysis-understanding Common Law
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Before you can begin to analyze cases, you need to understand common law. Understanding common law will require you to understand how a body of law develops through case precedent, the organization and function of the courts, and the precedential weight of each case. This quiz will test that understanding. Select the best answer for each question. You will have 3 minutes to complete each question and will not be able to go back once you have answered.
- 1.
In which types of cases do federal courts typically have jurisdiction? (select all that apply)
- A.
Cases involving federal law
- B.
Cases primarily focusing on state law issues
- C.
Diversity of citizenship cases
- D.
Cases involving the U.S. Constitution
Correct Answer(s)
A. Cases involving federal law
C. Diversity of citizenship cases
D. Cases involving the U.S. ConstitutionExplanation
Federal courts typically have jurisdiction in cases involving federal law, cases involving the U.S. Constitution, and diversity of citizenship cases. This means that federal courts have the authority to hear and decide cases that involve federal statutes, regulations, or constitutional issues. They also have jurisdiction over cases where the parties are from different states and the amount in controversy exceeds a certain threshold. However, federal courts do not typically have jurisdiction over cases primarily focusing on state law issues, as those are usually within the purview of state courts.Rate this question:
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- 2.
Federal courts are divided into:
- A.
Regions
- B.
Sections
- C.
Circuits
- D.
Networks
Correct Answer
C. CircuitsExplanation
Federal courts are divided into circuits. Circuits refer to the geographic areas that federal courts cover. There are a total of 13 circuits in the federal court system, each covering a specific region of the United States. Each circuit has a Court of Appeals, which is responsible for reviewing decisions made by the lower district courts within that circuit. The circuit system allows for the efficient administration of justice and ensures that federal cases are heard and decided upon in a timely manner.Rate this question:
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- 3.
If you step into a courtroom where there is a single judge with lawyers presenting physical evidence and taking testimony, you are in what level of the court system?
- A.
The U.S. Supreme Court
- B.
An appellate court
- C.
A district court
Correct Answer
C. A district courtExplanation
If you step into a courtroom where there is a single judge with lawyers presenting physical evidence and taking testimony, you are in a district court. District courts are the trial courts of the federal court system in the United States. They are the first level of the court system where cases are initially heard and decided. In district courts, judges preside over trials, listen to evidence, and make decisions based on the facts of the case. Appellate courts, on the other hand, review decisions made by lower courts, while the U.S. Supreme Court is the highest level of the court system and primarily hears cases on appeal.Rate this question:
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- 4.
Which of the following are binding? (select all that apply)
- A.
Holding
- B.
Dicta
- C.
Majority opinion
- D.
Dissenting opinion
Correct Answer(s)
A. Holding
C. Majority opinionExplanation
The holding of a court case refers to the decision made by the court that sets a precedent and becomes legally binding. The majority opinion is the written explanation of the decision made by the majority of the judges or justices in a case, which also becomes legally binding. Therefore, both the holding and the majority opinion are binding. Dicta refers to statements made by the judges that are not essential to the decision and do not have the same binding effect. A dissenting opinion is the written explanation of the decision made by the minority of the judges or justices, and while it is not binding, it can be used as persuasive authority in future cases.Rate this question:
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- 5.
What factors affect the weight of cases? (select all that apply)
- A.
Date
- B.
The court itself
- C.
Treatment of the case
- D.
Number of judges
- E.
Names of judges
Correct Answer(s)
A. Date
B. The court itself
C. Treatment of the case
D. Number of judges
E. Names of judgesExplanation
The weight of cases can be affected by various factors. The date of the case can be influential as it may determine the availability of judges and resources. The court itself can also impact the weight of a case, as different courts may have different levels of expertise or resources. The treatment of the case, such as the quality of legal representation or the seriousness of the charges, can also play a role. Additionally, the number and names of the judges presiding over the case can influence its weight, as their experience and perspectives may vary.Rate this question:
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- 6.
Which of the following statements are true? (select all that apply)
- A.
Rulings that have been followed in other cases carry more weight
- B.
Recent decisions carry more weight
- C.
Cases from other jurisdictions have more weight than cases from this jurisdiction
- D.
Influential circuits, like the 2nd circuit, carry more weight
- E.
Well known judges, like Judge Posner, carry less weight
Correct Answer(s)
A. Rulings that have been followed in other cases carry more weight
B. Recent decisions carry more weight
D. Influential circuits, like the 2nd circuit, carry more weightExplanation
Rulings that have been followed in other cases carry more weight because they have established a precedent and have been deemed as authoritative by other courts. Recent decisions carry more weight because they reflect current legal standards and interpretations. Influential circuits, like the 2nd circuit, carry more weight because their decisions are often considered persuasive and can influence other jurisdictions. Well-known judges, like Judge Posner, carry less weight because their personal reputation or fame does not necessarily determine the legal validity or persuasiveness of their decisions.Rate this question:
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Current Version
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Aug 13, 2024Quiz Edited by
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Apr 14, 2010Quiz Created by
Freitas
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