MC 401 – Test #1 – 2026 – Study Guide and Practice Questions
Common Law - ANS✔✔ - a legal system based on custom and court rulings
- judges decide cases
- offered stability / flexibility
- after Norman Conquest in 1066
Caveat Emptor - ANS✔✔ - "let the buyer beware"
ex: if you bought a car from someone and it has issues, it's blamed on you
- problems with judge made law: lack of accountability and inconsistent ruling
Stare Decis - ANS✔✔ - "let the decision stand"
- decisions based on precedents; aided in uniformly applied law and assumed the correctness
4 Judicial Precent Options - ANS✔✔ 1) accept/follow
2) modify/update (new facts)
3) distinguish/differentiate (doesn't apply)
4) overrule/ignore
- rarely only one precedent per case; multiple
Equity Law (ecclesiastical courts ; religious) - ANS✔✔ - provides an equitable remedy to threats
of direct/irreparable injury
- judicial decrees
- often not monetary
- same as common law w/ minor differences
, Statutory Law: - ANS✔✔ - specific/precise
- focus on societal issues
- bills are enacted and become statues
ex: laws about drugs, when bars close, etc.
ALL criminal laws
Constitutional Law - ANS✔✔ - state constitutions CANNOT take away rights, ONLY give
more/greater rights
Challenges with Constitutional Law - ANS✔✔ 1) Void for Vagueness
- when a law is so vague you don't know if it's legal/illegal
ex: when a speed limit is 25-45mph depending on the day
2) Over-breadth Doctrine
- over-broad
- laws should be specific
*SIMILAR*
Interpretations with Constitutional Law - ANS✔✔ 1) Originalist
- the original wording; cannot change - Originalism, founding fathers
ex: different versions of Bible
- follow exactly what fathers intended
2) Non-originalist
- interpret what the constitution meant in today's societal standards
ex: if they said only white men, that would not be the case in today's world
- future
Common Law - ANS✔✔ - a legal system based on custom and court rulings
- judges decide cases
- offered stability / flexibility
- after Norman Conquest in 1066
Caveat Emptor - ANS✔✔ - "let the buyer beware"
ex: if you bought a car from someone and it has issues, it's blamed on you
- problems with judge made law: lack of accountability and inconsistent ruling
Stare Decis - ANS✔✔ - "let the decision stand"
- decisions based on precedents; aided in uniformly applied law and assumed the correctness
4 Judicial Precent Options - ANS✔✔ 1) accept/follow
2) modify/update (new facts)
3) distinguish/differentiate (doesn't apply)
4) overrule/ignore
- rarely only one precedent per case; multiple
Equity Law (ecclesiastical courts ; religious) - ANS✔✔ - provides an equitable remedy to threats
of direct/irreparable injury
- judicial decrees
- often not monetary
- same as common law w/ minor differences
, Statutory Law: - ANS✔✔ - specific/precise
- focus on societal issues
- bills are enacted and become statues
ex: laws about drugs, when bars close, etc.
ALL criminal laws
Constitutional Law - ANS✔✔ - state constitutions CANNOT take away rights, ONLY give
more/greater rights
Challenges with Constitutional Law - ANS✔✔ 1) Void for Vagueness
- when a law is so vague you don't know if it's legal/illegal
ex: when a speed limit is 25-45mph depending on the day
2) Over-breadth Doctrine
- over-broad
- laws should be specific
*SIMILAR*
Interpretations with Constitutional Law - ANS✔✔ 1) Originalist
- the original wording; cannot change - Originalism, founding fathers
ex: different versions of Bible
- follow exactly what fathers intended
2) Non-originalist
- interpret what the constitution meant in today's societal standards
ex: if they said only white men, that would not be the case in today's world
- future
