Day 1 - Fall Final - Legal Proceedings

In a common law system, we mostly learn the law by reading:

• Cases
• Statutes
• Constitutions

Which of these are important parts of briefing cases:

• Identifying the legal issue in a case
• Identifying the rule of law in a case
• Applying the rule of law to the facts of the case
• All of these
• None of these

Learning how to apply a rule of law to facts is important for:

• Law students
• Lawyers
• Anyone who has a real legal issue in their life
• Any of these
• None of these

True or False. Case briefs should be long - the longer the better.

• True
• False

True or False. When briefing a case, you should be sure to carefully read every word in the case.

• True
• False

Which of these statements about the "right to remain silent" is true:

• It is a right created by statute
• It is a right created by the US Constitution
• It is a right created by contracts
• It is not a "right" at all

Tort law gives all of us a _____ not to intentionally hurt each other.

• Legal Duty
• Legal Claim
• Moral duty
• All of these
• None of these

If a defendant breaches a duty that they owe the plaintiff, the plaintiff has a _____ against the defendant.

• Legal Duty
• Legal Claim
• Moral duty
• All of these
• None of these

Which of these statements about duties is NOT true :

• You may have a legal duty to do something, but not a moral duty.
• You may have a moral duty to do something, but not a legal duty.
• Legal duties can arise from case law, statutes, or the constitution.
• Courts decide cases based on legal duties, which may or may not line up with moral duties
• Courts decide cases based on moral duties, which may or may not line up with moral duties

Which of these does NOT create a legal duty or legal right:

• Constitutions
• Statutes
• Court decisions
• Your own personal beliefs or feelings