Chapter 1

Introduction to Law and
Legal Reasoning

Answers to Questions in the Reviewing Feature
AT THE END OF THE CHAPTER

1A. PARTIES
The automobile manufacturers are the plaintiffs, and the state of California is the defendant.

2A. Remedy
The plaintiffs are seeking an injunction, an equitable remedy, to prevent the state of California from enforcing its statute restricting carbon dioxide emissions.

3A. Source of law
This case involves a law passed by the California legislature and a federal statute; thus the primary source of law is statutory law.

4A. Finding the law
Federal statutes are found in the United States Code, and California statutes are published in the California Code. You would look in these …show more content…

Because natural law is universal and discoverable by reason, its adherents believe that all other law is derived from natural law. Natural law therefore supersedes laws created by humans (national, or “positive,” law), and in a conflict between the two, national or positive law loses its legitimacy. The Nuremberg defendants asserted that they had been acting in accordance with German law. The judges dismissed these claims, reasoning that the defendants’ acts were commonly regarded as crimes and that the accused must have known that the acts would be considered criminal. The judges clearly believed the tenets of natural law and expected that the defendants, too, should have been able to realize that their acts ran afoul of it. The fact that the “positivist law” of Germany at the time required them to commit these acts is irrelevant. Under natural law theory, the international court was justified in finding the defendants guilty of crimes against humanity.

1-3A. Reading citations (Chapter 1—Pages 16 & 18)
The court’s opinion in this case—Pinard v. Dandy Lions, LLC, 119 Conn.App. 368, 987 A.2d 406 (2010)—can be found in volume 119 of Connecticut Appellate Reports on page 368 or in volume 987 of West’s Atlantic Reporter, Second Series, on page 406. The Appellate Court