BLAW 3310 EXAM 1 STUDY GUIDE 2026
Sources of Law - Answers -constitution, state constitutions, US law, state law
Constitution - Answers -fundamental law of a nation. Establishes & limits the powers of
government. Doesn't have to be a written document
State Consitutions - Answers -like the U.S. constitution, specify how state officials are
chosen and removed, how laws are passed, how the court systems run, and in general
terms, how finances and revenues are paid and collected.
U.S. Constitution - Answers -sets forth the organizational framework, powers, and limits
of the federal government. Division of government power is referred to as the separation
of power
Administrative Agency - Answers -created by a delegation of legislative power to the
executive branch. enacts a law that directs the agency to issue regulations, bring
lawsuits, and otherwise act to fulfill the law's goals.
Ex. Nixon created the EPA, primary enforcer of law
Common Law - Answers -a law made and applied by judges as they resolve disputes
among private parties. Foundation of agency (employment), contract, property, and tort
law.
Case Law - Answers -judge follows the rules of civil procedure to determine the
outcome of a particular case, follows earlier judicial decisions that resolved similar
disputes
Legal Precedent - Answers -decision in a case that is used to guide decisions in later
cases with similar fact situations
Stare Decisis - Answers -One court follows legal precedent set by the other; judges are
expected to stand by established rules of law
Plessy v. Ferguson - Answers -a 1896 Supreme Court decision which legalized state
ordered segregation so long as the facilities for blacks and whites were equal
Brown v. Board of Education - Answers -1954 case that overturned Separate but Equal
standard of discrimination in education.
Civil Law - Answers -concerned with the rights and responsibilities that exist among
members of society or between individuals and the government in noncriminal matters.
Criminal Law - Answers -concerns legal wrongs or crimes committed against the state
, Felony - Answers -serious class of crime--such as rape, murder, or robbery-- that may
be punishable by imprisonment in excess of one year or death
Misdomeanor - Answers -lesser crime that is neither a felony nor treason, punishable
by a fine and/or imprisonment in other than state or federal penitentiaries
Preponderance of the evidence (or law) - Answers -standard of proof; civil trials, the
burden of persuasion to win a verdict requires that the plaintiff prove its claim by having
the majority or bulk of the evidence on its side
Beyond a reasonable doubt - Answers -standard of proof (criminal); belief that prevents
one from being convinced of a defendant's guilt
Substantive Law - Answers -common law and statutory law that define and establish
legal rights and regulate behavior
Procedural Law - Answers -determines how substantive law is enforced through the
courts by determining how a lawsuit begins, what documents need to be filed, which
court can hear the case, how the trial proceeds, and so on.
Judicial Immunity - Answers -immunity of a judge from civil action for official activities. It
is absolute immunity from liability that is granted to judges and court officers such as
grand juries and prosecutors and for tortious acts or omissions done within the scope of
their jurisdiction or authority. Judges can rule without fear for being sued by parties
unhappy with judicial decisions
Court System in Texas - Answers -City Court for misdemeanors, code compliance.
Court of law with jurisdiction limited to a city. Deal with violations of city ordinances.
County Court at Law - Answers -up to $10,000, evictions, suspension of license and in
cities only
City District Court - Answers -above $100,000
Criminal District Court - Answers -felonies only
Probate Court - Answers -Administers wills and estates upon an individual's death.
Family Courts at Law - Answers -Court that deals with divorce and custody battles has
exclusive jurisdiction
Court of Appeals - Answers -Where cases that are lost go in order to try and get the
ruling overturned
Sources of Law - Answers -constitution, state constitutions, US law, state law
Constitution - Answers -fundamental law of a nation. Establishes & limits the powers of
government. Doesn't have to be a written document
State Consitutions - Answers -like the U.S. constitution, specify how state officials are
chosen and removed, how laws are passed, how the court systems run, and in general
terms, how finances and revenues are paid and collected.
U.S. Constitution - Answers -sets forth the organizational framework, powers, and limits
of the federal government. Division of government power is referred to as the separation
of power
Administrative Agency - Answers -created by a delegation of legislative power to the
executive branch. enacts a law that directs the agency to issue regulations, bring
lawsuits, and otherwise act to fulfill the law's goals.
Ex. Nixon created the EPA, primary enforcer of law
Common Law - Answers -a law made and applied by judges as they resolve disputes
among private parties. Foundation of agency (employment), contract, property, and tort
law.
Case Law - Answers -judge follows the rules of civil procedure to determine the
outcome of a particular case, follows earlier judicial decisions that resolved similar
disputes
Legal Precedent - Answers -decision in a case that is used to guide decisions in later
cases with similar fact situations
Stare Decisis - Answers -One court follows legal precedent set by the other; judges are
expected to stand by established rules of law
Plessy v. Ferguson - Answers -a 1896 Supreme Court decision which legalized state
ordered segregation so long as the facilities for blacks and whites were equal
Brown v. Board of Education - Answers -1954 case that overturned Separate but Equal
standard of discrimination in education.
Civil Law - Answers -concerned with the rights and responsibilities that exist among
members of society or between individuals and the government in noncriminal matters.
Criminal Law - Answers -concerns legal wrongs or crimes committed against the state
, Felony - Answers -serious class of crime--such as rape, murder, or robbery-- that may
be punishable by imprisonment in excess of one year or death
Misdomeanor - Answers -lesser crime that is neither a felony nor treason, punishable
by a fine and/or imprisonment in other than state or federal penitentiaries
Preponderance of the evidence (or law) - Answers -standard of proof; civil trials, the
burden of persuasion to win a verdict requires that the plaintiff prove its claim by having
the majority or bulk of the evidence on its side
Beyond a reasonable doubt - Answers -standard of proof (criminal); belief that prevents
one from being convinced of a defendant's guilt
Substantive Law - Answers -common law and statutory law that define and establish
legal rights and regulate behavior
Procedural Law - Answers -determines how substantive law is enforced through the
courts by determining how a lawsuit begins, what documents need to be filed, which
court can hear the case, how the trial proceeds, and so on.
Judicial Immunity - Answers -immunity of a judge from civil action for official activities. It
is absolute immunity from liability that is granted to judges and court officers such as
grand juries and prosecutors and for tortious acts or omissions done within the scope of
their jurisdiction or authority. Judges can rule without fear for being sued by parties
unhappy with judicial decisions
Court System in Texas - Answers -City Court for misdemeanors, code compliance.
Court of law with jurisdiction limited to a city. Deal with violations of city ordinances.
County Court at Law - Answers -up to $10,000, evictions, suspension of license and in
cities only
City District Court - Answers -above $100,000
Criminal District Court - Answers -felonies only
Probate Court - Answers -Administers wills and estates upon an individual's death.
Family Courts at Law - Answers -Court that deals with divorce and custody battles has
exclusive jurisdiction
Court of Appeals - Answers -Where cases that are lost go in order to try and get the
ruling overturned
