BLAW 371 Exam #1 UPDATED ACTUAL QUESTIONS AND CORRECT ANSWERS
Law a collection of principals and rules that establish, guide and alter the behavior of
members of society.
Sources of Law 1. us/state constitution
2. congress/state legislature
3. judicial branch
4. executive branch
5. federal/state administrative
Common law law made and applied by judges as they resolve disputes among private parties,
AKA "Judge made"! this system encourages judges to use prior decisions or
PRECEDANTS for guidance in deciding new disputes
"Stare Decisis" Doctrine --- creates what? "Let the decision stand" - use of this doctrone creates a legal precedant from the
courts decision in a case. Efficiently, uniformity, stability and removal of bias by a
judge
Criminal law --- evidence shows?? concerns legal wrong doings or crimes committed against the state -- Trial Court
must find that the evidence presented showed "Beyond a Reasonable Doubt" that
the person committed the crime
Civil Law concerned with the rights and responsibilities that exist among members of
society or between individuals and the government in noncriminal matters
, Preponderance of the evidence in 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
Substantive law includes common law and statutory law that defines and establish legal rights and
regulate behavior
**Defines, creates, describes and regulates legal rights and obligations
Procedural law determines how substantive law is enforced through the courts by determining
how a lawsuit begins, what documents need to be filed, ect.
Jurisdiction "the power to speak of the law", a must have jurisdiction to hear and resolve a
dispute
- The court's power over the parties and the type of lawsuit to allow the court to
decide a case so the decision is binding on the parties
original jurisdiction AKA trial courts - they have authority to hear virtually any kind of dispute and
provide any kind of relief
appellate jurisdiction courts where the decisions of a lower court may be taken for review --- US
Supreme Court (Court of the last resort)
Appeal - Motions filed by the losing party -"Motion for New Trial"- alleging errors of law
or procedure, not facts
- Losing party can file an "Appeal" to the next higher court ("Appellate Court")
trial de novo when on appeal, the parties get a new trial
subject matter of jurisdiction created by constitution or statue regarding the types of disputes a court can
accept to resolve
- A court is allowed jurisdiction over certain types of cases
2 types of federal jurisdiction 1. federal question - constitution
2. diversity of citizenship - cases where the amount in controversy exceeds
$75,000/personal injury
Personal jurisdiction --- example???? Court jurisdiction is where the plaintiff/defendant live
3 Types of "Jurisdiction over the Person" 1. Personal jurisdiction
2. Long arm statute
3. Publication of notice
Long Arm Statute Court can exercise over jurisdiction over non resident
Publication of Notice If a person CANNOT be located, the law allows the court to obtain personal
jurisdiction by publishing a notice in a legal publication of general circulation
located in the same jurisdiction
Law a collection of principals and rules that establish, guide and alter the behavior of
members of society.
Sources of Law 1. us/state constitution
2. congress/state legislature
3. judicial branch
4. executive branch
5. federal/state administrative
Common law law made and applied by judges as they resolve disputes among private parties,
AKA "Judge made"! this system encourages judges to use prior decisions or
PRECEDANTS for guidance in deciding new disputes
"Stare Decisis" Doctrine --- creates what? "Let the decision stand" - use of this doctrone creates a legal precedant from the
courts decision in a case. Efficiently, uniformity, stability and removal of bias by a
judge
Criminal law --- evidence shows?? concerns legal wrong doings or crimes committed against the state -- Trial Court
must find that the evidence presented showed "Beyond a Reasonable Doubt" that
the person committed the crime
Civil Law concerned with the rights and responsibilities that exist among members of
society or between individuals and the government in noncriminal matters
, Preponderance of the evidence in 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
Substantive law includes common law and statutory law that defines and establish legal rights and
regulate behavior
**Defines, creates, describes and regulates legal rights and obligations
Procedural law determines how substantive law is enforced through the courts by determining
how a lawsuit begins, what documents need to be filed, ect.
Jurisdiction "the power to speak of the law", a must have jurisdiction to hear and resolve a
dispute
- The court's power over the parties and the type of lawsuit to allow the court to
decide a case so the decision is binding on the parties
original jurisdiction AKA trial courts - they have authority to hear virtually any kind of dispute and
provide any kind of relief
appellate jurisdiction courts where the decisions of a lower court may be taken for review --- US
Supreme Court (Court of the last resort)
Appeal - Motions filed by the losing party -"Motion for New Trial"- alleging errors of law
or procedure, not facts
- Losing party can file an "Appeal" to the next higher court ("Appellate Court")
trial de novo when on appeal, the parties get a new trial
subject matter of jurisdiction created by constitution or statue regarding the types of disputes a court can
accept to resolve
- A court is allowed jurisdiction over certain types of cases
2 types of federal jurisdiction 1. federal question - constitution
2. diversity of citizenship - cases where the amount in controversy exceeds
$75,000/personal injury
Personal jurisdiction --- example???? Court jurisdiction is where the plaintiff/defendant live
3 Types of "Jurisdiction over the Person" 1. Personal jurisdiction
2. Long arm statute
3. Publication of notice
Long Arm Statute Court can exercise over jurisdiction over non resident
Publication of Notice If a person CANNOT be located, the law allows the court to obtain personal
jurisdiction by publishing a notice in a legal publication of general circulation
located in the same jurisdiction
