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Question 1
Assume that the Supreme Court of Arizona recently decided that the statute that states, "All citizens of Arizona shall only drive motor vehicles of the same color," means that all citizens of Arizona may only drive blue motor vehicles. When presented with an issue and factual scenario identical to the one considered by the Supreme Court in the described decision, may the Appellate Court hold that the defendant may drive a green motor vehicle?
Correct
Incorrect!
Correct Where the facts and issue are identical to a decision issued by a court of higher authority, the lower court is bound by precedent, that is, it must follow the higher court's ruling. (d) is incorrect because there is nothing in the hypothetical to indicate that the cases are distinguishable.
Incorrect! Where the facts and issue are identical to a decision issued by a court of higher authority, the lower court is bound by precedent, that is, it must follow the higher court's ruling. (d) is incorrect because there is nothing in the hypothetical to indicate that the cases are distinguishable.
Correct
Incorrect!
Correct
Incorrect!
Question 2
On a question of federal law, the United States District Court for the Southern District of New York is bound by the decisions of which court?
Correct
Incorrect!
Correct
Incorrect!
Correct All federal District Courts in New York are bound by the decisions of the United States Court of Appeals for the Second Circuit. District Courts are not bound by the decisions of other District Courts, nor are they bound by the decisions of other circuits. For questions regarding federal law, the District Courts are not bound by the decisions of the highest state court. Where the decision involves state law, however, the District Courts are bound by such decisions and, where the highest state court has not addressed the issue, often attempt to predict how the highest state court would rule on an issue.
Incorrect! All federal District Courts in New York are bound by the decisions of the United States Court of Appeals for the Second Circuit. District Courts are not bound by the decisions of other District Courts, nor are they bound by the decisions of other circuits. For questions regarding federal law, the District Courts are not bound by the decisions of the highest state court. Where the decision involves state law, however, the District Courts are bound by such decisions and, where the highest state court has not addressed the issue, often attempt to predict how the highest state court would rule on an issue.
Correct
Incorrect!
Question 3
On a question of state law, Connecticut's Appellate Court is bound by the decisions of which court:
Correct
Incorrect!
Correct Intermediate appellate state courts are bound by the decisions of the highest state court, not by federal courts and not by trial courts.
Incorrect! Intermediate appellate state courts are bound by the decisions of the highest state court, not by federal courts and not by trial courts.
Correct
Incorrect!
Correct
Incorrect!
Question 4
While reading a court's decision, you read the following: "Therefore, under General Statutes section 2-102, singing in public after 11 p.m. is not allowed." This is an example of:
Correct
Incorrect!
Correct
Incorrect!
Correct This is clearly an example of the court's ultimate conclusion in a decision. Therefore, it is the holding of the case.
Incorrect! This is clearly an example of the court's ultimate conclusion in a decision. Therefore, it is the holding of the case.
Correct
Incorrect!
Question 5
In the trial court in New Hampshire, which of the following is considered mandatory authority?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Of these choices, only the state statute is binding on the New Hampshire state court. A law review article, while perhaps persuasive authority, is not binding on any court. Decisions from other lower courts (as in choices b and b) may, again, be persuasive authority, but do not bind another trial court. The only thing that a trial court MUST follow is state or federal law, which includes a state statute.
Incorrect! Of these choices, only the state statute is binding on the New Hampshire state court. A law review article, while perhaps persuasive authority, is not binding on any court. Decisions from other lower courts (as in choices b and b) may, again, be persuasive authority, but do not bind another trial court. The only thing that a trial court MUST follow is state or federal law, which includes a state statute.