BLAW 310 ULL EXAM 1 QUESTIONS WITH VERIFIED SOLUTIONS LATEST UPDATE 2026

BLAW 310 ULL EXAM 1 QUESTIONS WITH VERIFIED SOLUTIONS LATEST UPDATE 2026 what is the law? - Answers the law consists of enforceable rules governing relationships among individuals and between individuals and their society -they establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group how are business decisions effected by law? - Answers contracts courts and court procedures professional liability business organizations agency torts product liability e-commerce intellectual property creditors' rights negotiable instruments sales what are the 4 primary sources of American Law? - Answers -US constitution and the constitutions of states -statutes or laws passed by Congress and by state legislatures -regulations -case law (court decisions) what is jurisprudence? - Answers learning about different schools of legal thought and discovering how each school's approach to law can affect judicial decision making what is liability? - Answers the state of being legal responsible (liable) for something, such as a debt or obligation what is a breach? - Answers the failure to perform a legal obligation what is a primary source of law? - Answers a document that establishes the law on a particular issue what is a secondary source of law? - Answers a publication that summarizes or interprets the saw, such as a legal encyclopedia what is constitutional law? - Answers the body of law derived from the US constitution and the constitutions of the various states what is statutory law? - Answers the body of law enacted by legislative bodies as opposed to constitutional law, administrative law, or case law what is an ordinance? - Answers a regulation enacted by a city or count legislative body that becomes part of that state's statutory law what is Uniform law? - Answers a model law developed by the National Conference of Commissions on Uniform State Laws for the states to consider enacting into statute what is case law? - Answers the rules of law announced in court decisions (interprets statutes, regulations, constitutional provisions, and other case law) what is common law? - Answers the body of law developed from custom or judicial decisions in English and US courts. not attributable to a legislature what is precedent? - Answers a court decisions that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles what is Stare Decisis? - Answers a common law doctrine under which judges are obligated to follow the precedents established in prior decisions what is binding authority? - Answers any source of law that a court must follow when deciding a case what is administrative law? - Answers consists of the rules, orders, and decisions of administrative agencies. An administrative agency is a federal, state, or local government agency established to perform a specific function what is civil law? - Answers the branch of law dealing with definitions and enforcement of all private or public rights, as opposed to criminal matters what is persuasive authority? - Answers any legal authority or source of law that a court may look to for guidance but need not follow when making its decision what is a remedy? - Answers the relief given to an innocent party to enforce a right or compensate for the violation of a right what is a juridical person? - Answers an entity to which the law attributes personality, such as a corporation or a partnership. who is a plaintiff? - Answers one who invites a lawsuit who is a defendant? - Answers one against whom a lawsuit is brought, or the accused person in a criminal proceeding what is natural law? - Answers the oldest school of legal thought, based on the belief that the legal system should reflect universal (higher) moral and ethical principles that are inherent in human nature what is legal positivism? - Answers a school or legal thought centered on the assumption that there is no law higher than the laws created by national government. laws must be obeyed even if they are unjust what is historical school? - Answers a school of legal thought that looks to the past to determine what the principles of contemporary law should be what is legal realism? - Answers a school of legal thought that believes that the law is only one factor to be considered when deciding cases that social and economic circumstances should also be taken into account what is substantive law? - Answers law the defines, describes, regulates, and creates legal rights and obligations what is procedural law? - Answers law that establishes the methods of enforcing the rights established by substantive law what is cyberlaw? - Answers an informal term used to refer to all laws governing transaction conducted via the internet what is civil law system? - Answers a system of law derived from Roman Law that is based on codified laws (rather than on case precedents) what is criminal law? - Answers the branch of law that defines and punishes wrongful actions committed against the public what is national law? - Answers law that pertains to a particular nations (as opposed to international law) what's difference between civil law and common law? - Answers civil law is based on legislative decisions and statutes from a civil code common law is based on past precedents where case law is primary what's the difference between civil law and criminal law? - Answers Criminal laws regulate crimes, or wrongs committed against the government Civil laws regulate disputes between private parties what's the difference between federal law and state law? - Answers -federal law is created at the national level, and applies to the entire nation.The U.S. Constitution forms the basis for federal law; it establishes government power and responsibility, as well as preservation of the basic rights of every citizen. -State law is the law of each separate U.S. state and is applicable in that specific state. -When a state law is in direct conflict with federal law, the federal law prevails. what is the Uniform Commercial Code (UCC)? - Answers facilitates commerce among the states by providing a uniform set of rules governing commercial transactions what is judicial review? - Answers the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch what is jurisdiction? - Answers the authority of a court to hear and decide a specific case what is the Long Arm Statute? - Answers a state statute that permits a state to exercise jurisdiction over nonresident defendants what is probate court? - Answers a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate what is bankruptcy court? - Answers a federal court of limited jurisdiction that handles only bankruptcy proceedings what is diversity of citizenship? - Answers a basis for federal court jurisdiction over a lawsuit between citizens of different states and countries what is concurrent jurisdiction? - Answers jurisdiction that exists when two different courts have the power to hear a case what is exclusive jurisdiction? - Answers jurisdiction that exists when a case can be heard only in a particular court or type of court what is a venue? - Answers the geographic district in which a legal action is tried and from which the jury is selected what is standing to sue? - Answers the legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit what is justifiable controversy? - Answers a controversy that is not hypothetical or academic but real and substantial what is small claims court? - Answers a special court in which parties can litigate small claims without an attorney what is a question of fact? - Answers in a lawsuit, an issue that involved only disputed facts, and not what the law is on a given point what is a question of law? - Answers in a lawsuit, an issue involving the application or interpretation of a law what are pleadings? - Answers statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case what is a complaint? - Answers the pleading made by a plaintiff alleging wrongdoing on the part of the defendant what is a summons? - Answers a document informing defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint what is service of process? - Answers the delivery of the complaint and summons to the defendant what is default judgement? - Answers a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim what is an answer? - Answers procedurally, a defendant's response to the plaintiff's complaint what is a counterclaim? - Answers a claim made by a defendant in a civil lawsuit against the plaintiff (the defendant is suing the plaintiff) what is a reply? - Answers procedurally, a plaintiff's response to a defendant's answer what is a motion to dismiss? - Answers a pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff's claim to state a cause of action has no basis in law what is discovery? - Answers a method by which the opposing parties obtain information from each other prepare for trial what is a deposition? - Answers the testimony of a party to a lawsuit or a witness taken under oath before a trial what are interrogatories? - Answers a series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath what is Voire Dire? - Answers an important part of the jury selection process in which the attorney's question prospective jurors about their backgrounds, attitudes, and biases to ascertain whether they can be impartial jurors what is an award? - Answers the monetary compensation given to a party at the end of a trial or other proceeding what is a brief? - Answers a written summary or statement prepared by one side in a lawsuit to explain its case to the judge what is alternative dispute resolution? - Answers the resolution of disputers in ways rather than this involved in the traditional judicial process, such as negotiation, mediation, and arbitration what is negotiation? - Answers a process in which parties attempt to settle their dispute informally, with or without attorneys to represent them what is mediation? - Answers a method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement what is arbitration? - Answers the settling of a dispute by submitting it to a disinterested third party (other than a court) who renders a decision what is an arbitration clause? - Answers a clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court what is the judiciary role? - Answers to interpret and apply the law state court systems - Answers several levels or tiers of courts: 1. trial courts of limited jurisdiction 2. trial courts of general jurisdiction