Define Jurisprudence - Answers The science and philosophy of law that defines various approaches to
the appropriate function of law and how legal doctrines should be developed and applied; most
center on how legal rights are recognized
Identify and apply important equitable maxims. - Answers Maxim = common law rules that guide
courts in deciding cases and controversies before them
1. Equity aids the vigilant
2. Substance over form
3. Clean hands . doctrine
Equity aids the vigilant - Answers The law favors those who exercise vigilance in pursuing their claims
and disfavors those who rest on their legal rights by failing to act to protect their rights in a
reasonable period of time; ex: Stat of limitations imposes deadline to file a claim
substance over form - Answers courts look to the intent of parties involved and adhere to a standard
of good faith and fair play instead of applying the letter of the law in a way that would violate
fundamental principles of fairness and consistency; ex. agreement says limited partner, but acts like a
general partner -> will be treated as general
clean hands doctrine - Answers Courts are guided in their decisions not only by the letter of the law
but also on the basis that one seeking the aid of a court must come to the court with clean hands that
are unstained by bad faith, misrepresentations, or deceit; ex. Man transfers stock to brother to avoid
paying a legal judgement against him, he fights with brother, eventually suing and trying to get funds
returned -> barred from recovering stock because the original transfer was fraudulent
Define "statute of limitation" - Answers a statute prescribing a period of limitation for the bringing of
certain kinds of legal action.
Recognize, explain, and give examples of sources of American law. - Answers Much is derived from
English legal doctrines; West & SW has Spanish influences; Louisiana has French Ciivil Law roots.
Modern Law = combo of Constitutional (permanence & preemptioin) , Statutory, Common, &
Administrative (PRIMARY sources)
Classify the law into several broad categories, give examples - Answers Criminal vs Civil: civil =
compensate parties for losses (damages), while criminal = protect society & violation means
fines/prison (paid to gov)
Substantive vs Procedural: sub = rights and create duties, while proc = structure & rules for pursuing
sub
Understand the legal doctrine of stare decisis and precedent - Answers the principle that similar
cases with similar facts under similar circumstances should have similar outcomes
applying the law made in previous appellate court opinions to current cases with similar facts; binding
on trial courts; prec in one state not binding on another
Know the difference between remedies at law and equity and give examples - Answers Remedies at
Law = money damages vs equitable relief = injunction (stop) or restraining order, or specific
performance (you must do this)
What is the difference between a statute and an ordinance - Answers statute = state or federal level
passed by legislation, ordinance = local level passed by municipality
Describe the Supremacy clause - Answers the statement in Article VI of the Constitution that federal
law is superior to laws passed by state legislatures; Constitution is the supreme law of the land
List the major protections in the Constitution's Bill of Rights and explain how they apply. - Answers
the first ten amendments to the Constitution that preserve the rights of the people from unlawful
acts of government officials, establish and protect freedom of speech, religion, assembly, petition and
press; also protects from unreasonable searches and seizures; recognizes fundamental constitutional
rights of the people
Identify limits imposed on government overreaching by virtue of the Due Process Clause and Equal
Protection Clause. - Answers DP = 5th & 14th; protects individuals from being deprived of "life,
liberty, or property" without process of law; two aspects: 1. procedural requirements when fed and
state govs impair life, liberty, or property (gov must give appropriate notice, a neutral hearing, and an