Practice Quiz

Paralegal

Category - Legal System

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In 1905, the owner of an early automobile, who lived in Florida, drove his car into Alabama. While in Alabama, the driver had trouble slowing the vehicle and ran into the back of a horse-drawn wagon, causing damage. The owner returned to Florida, and the wagon owner filed suit in Alabama state court. The wagon owner’s lawyer and the court could not find any statute or case law that established a precedent for personal jurisdiction over the defendant. This is an example of __________________.
  1. Stare decisis.
  2. A controlling precedent.
  3. A case of first impression.
  4. A case of last impression.
Explanation
Answer: C - A case of first impression. “A case that presents the court with issues of law that have not previously been decided in that jurisdiction.” Black’s Law Dictionary 86 (2d Pocket Ed. 2001). In other words, there are no applicable statutes or precedents to control the determination of the case.
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