Conflict between statutory rule and a common law rule


Problem 1: Which of the following is false about the power of courts?

A. Courts are not absolutely bound to favor one technique of statutory interpretation over another.

B. Courts can distinguish prior decisions in common law cases.

C. State Supreme Courts can overrule their own prior decisions.

D. Trial courts can decide abstract propositions of law even though there is no real case or controversy between existing parties with a tangible stake in the outcome of the controversy.

Problem 2: In general, when there is a conflict in law between a statutory rule and a common law rule which rule will prevail?

A. The common law rule

B. The statutory rule

C. The rule that was last in time to be developed

D. The common law rule will prevail but only if it was developed by a State supreme court

Problem 3: A method of alternative dispute resolution in which judicial review is limited to just a few grounds, like fraud or corruption is called __________.

A. arbitration

B. mediation

C. minitrial

D. conciliation

Business Law, Thirteenth Edition 2007.

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Business Law and Ethics: Conflict between statutory rule and a common law rule
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