MANAGEMENT PROCTORED
EXAM GRADED A
QUESTIONS AND CORRECT
ANSWERS
GRADE A+
1. Congress and state legislatures enact laws called statutes
True
False True
2. Administrative agencies create laws called regulations True
3. Administrative agencies create laws called statutes False
4. Courts create law called caselaw True
5. What is another name for a United States Court of Appeals? United States Circuit
Court
6. Primary authorities include which of the following?
Treatises
Statutes
Caselaw
Legal Encyclopedias Statutes & Caselaw
7. Identify the name of the highest court in most states: Supreme Court
Bennet lost on his claim in the US District Court for the Middle District of Alabama. He
plans to appeal that federal trial court's decision. Which court has the legal authority to
hear his direct appeal?United States Court of Appeals for the Eleventh Circuit.
Bronner is a summer associate at a law firm located in Tennessee. During class, he posted
photos on social media instead of listening to his smart law professor about a state court's
SMJ. He wants your advice to determine whether the firm's client could bring claims
based on Tennessee and federal laws in the Tennessee trial courts of general jurisdiction.
8. Identify the claims that those trial courts have the legal right to decide.
Claims based on Tennessee statutes
claims based on Tennessee common law
claims based on Tennessee regulations
Claims based on many federal civil statutes Claims based on many federal civil statutes
9. A treatise, such as Corbin on Contracts or Murphy's Will Clauses, is primary authority
True
, 2023 ATI PN LEADERSHIP
MANAGEMENT PROCTORED
EXAM GRADED A
QUESTIONS AND CORRECT
ANSWERS
GRADE A+
False False
10. The common law included rules from court cases decided in the absence of a statute or
other enacted law.
True
False True
11. Secondary authority, such as a respected treatise on tort law, is sometimes binding on a
court.
True
False False
12. Under the doctrine of stare decisis, courts generally follow prior judicial decisions based
on the maxim of justice that similar cases ought be similarly decided.
True
False True
13. You are defending a client against a Michigan law battery claim in the Third Judicial
Circuit Court, a Michigan court. Which authority is binding on your court for the
elements of a battery claim? Cases from the Michigan Court of Appeals are binding.
14. You are before the United States Court of Appeals for the Fifth Circuit on a claim that
your client violated the Family Medical Leave Act, a federal statute. Which authority is
binding on your court? Cases from the United States Supreme Court, and cases
from other three-judge panels from the 5th Circuit are binding.
15. You have filed a motion to suppress your client's confession in the Fulton County
Superior Court, a Georgia trial court. The client has argued that the police violated the
4th Amendment to the US Constitution. Which authority is binding on your court?
Cases from the USSC are binding.
16. In 1995, in Case A, the Supreme Court of Michigan ruled that punitive damages are not
recoverable for a common law negligence claim. In 2010, in Case B, the Supreme Court
of Michigan reversed course and expressly allowed punitive damages. In 2012, the
Michigan Legislature disagreed with the 2010 case and enacted Statute Z which expressly
precluded the recovery of punitive damages for a common law negligence claim. If the
, 2023 ATI PN LEADERSHIP
MANAGEMENT PROCTORED
EXAM GRADED A
QUESTIONS AND CORRECT
ANSWERS
GRADE A+
client files a claim for negligence in a Michigan trial court, would punitive damages be
recoverable under Michigan law? No, because Statute Z expressly precludes recovery
for a common law negligence claim.
17. Some written opinions of courts are published in books called reporters
True
False True
18. A written opinion that is published in a print reporter is also available in electronic format
on Westlaw & Lexis
True
False True
19. The first and second series of the North Western Reporter contains cases from the
intermediate appellate court of Nebraska
True
False True
20. A case that a federal circuit court (e.g., the United State Court of Appeals for the 11th
Circuit) has designated "not for publication" or "non-precedential" is generally binding.
True
False False
21. The case of Jones v. Smith has been published in an official reporter and an unofficial
reporter. The part of that judicial decision drafted by the judge - the opinion - is the same
in both reporters
True
False True
22. Cases found on Westlaw & Lexis are divided into fields or segments. What fields or
segments are available on both platforms? Select all that apply:
Editorial summaries