LAW 2150 EXAM 1 VERIFIED STUDY GUIDE
Constitutional Law - Answers - Supreme law of the land. in the constitution. Each state
has it's own constitution
Statutory Law - Answers - Laws created by legislative bodies @ any level in govt.
Uniform Commercial Code - Answers - (1952) created a set of rules to regulate state-to-
state commerce
Administrative Law - Answers - Laws created by Administrative agencies (EPA, FDA,
Town of Boone Zoning Committee)
Case Law/ Common Doctrine Law - Answers - Judge-made law.
English Common Law - Answers - 1066 William the Conqueror, each state still used it
(except LA)
2 Types of Courts - Answers - -Court of Law
-Court of Equity
Court Of Law - Answers - awarding money damages
"kings court"
Court of Equity - Answers - dealing with justice and EQUITABLE REMEDIES
Equitable Remedies - Answers - 1.Specific Performance- requiring someone to do
something
2. Injunction- Stopping someone from doing something
3.Recission- undoing a agreement
Doctrine of Laches - Answers - If you know someone is breaking the law, and you sit on
your rights, you may not prosecute at the last minute
Statue of Limitations - Answers - Law that limits the time you can prosecute
(injuries up to 3 years)
Petitioner/ Plantiff - Answers - Who is bringing the action/ lawsuit
Defendant/ Respondent - Answers - Who is defending the action / who the lawsuit is
against
Stare Decisis - Answers - judge-made law that is created when a judge makes a
decision, that decision becomes the legal precedent in that state
, Persuasive Authority - Answers - when no precedent is established in state, look to
other rulings in other states
IRAC - Answers - How judges decide cases
Issues (what is the issue here)
Rules (what laws govern the matter)
Application (How do these rules apply)
Conclusion (Decision or verdict)
Natural Law School - Answers - believe in a "higher" law/ universal law that applies to
all of humanity
if law is contrary to higher law, that law is "unjust" and should not be followed
Positivist School - Answers - laws are concrete and must be followed (if law is bad,
doesn't matter)
Historical School - Answers - emphasizes the historical/ evolutionary process of law
standards will withstand the test of time
Legal Realism - Answers - judges should include other factors when interpreting the law
(social, economic, education are all factors)
Substantive Law - Answers - Laws that defines or creates the rights and obligations of a
person (What is the law)
Procedural Law - Answers - law that defines the steps you follow when filing your case
(how you go about the process)
Civil Law - Answers - defines the rights between individuals or individuals and
governments
ex:suing someone
Criminal Law - Answers - defines the obligations to society a person has
the state will bring the case against you
Citation - Answers - identifies a publication where the legal entity can be found
How to label a case - Answers - Petitioner vs Defendant
How to label an appeal case - Answers - Defendant v.s Petitioner
Appellant v.s Apellee
Unanimous Decision - Answers - all judges agree
Majority opinion - Answers - most agree, decision is made
Constitutional Law - Answers - Supreme law of the land. in the constitution. Each state
has it's own constitution
Statutory Law - Answers - Laws created by legislative bodies @ any level in govt.
Uniform Commercial Code - Answers - (1952) created a set of rules to regulate state-to-
state commerce
Administrative Law - Answers - Laws created by Administrative agencies (EPA, FDA,
Town of Boone Zoning Committee)
Case Law/ Common Doctrine Law - Answers - Judge-made law.
English Common Law - Answers - 1066 William the Conqueror, each state still used it
(except LA)
2 Types of Courts - Answers - -Court of Law
-Court of Equity
Court Of Law - Answers - awarding money damages
"kings court"
Court of Equity - Answers - dealing with justice and EQUITABLE REMEDIES
Equitable Remedies - Answers - 1.Specific Performance- requiring someone to do
something
2. Injunction- Stopping someone from doing something
3.Recission- undoing a agreement
Doctrine of Laches - Answers - If you know someone is breaking the law, and you sit on
your rights, you may not prosecute at the last minute
Statue of Limitations - Answers - Law that limits the time you can prosecute
(injuries up to 3 years)
Petitioner/ Plantiff - Answers - Who is bringing the action/ lawsuit
Defendant/ Respondent - Answers - Who is defending the action / who the lawsuit is
against
Stare Decisis - Answers - judge-made law that is created when a judge makes a
decision, that decision becomes the legal precedent in that state
, Persuasive Authority - Answers - when no precedent is established in state, look to
other rulings in other states
IRAC - Answers - How judges decide cases
Issues (what is the issue here)
Rules (what laws govern the matter)
Application (How do these rules apply)
Conclusion (Decision or verdict)
Natural Law School - Answers - believe in a "higher" law/ universal law that applies to
all of humanity
if law is contrary to higher law, that law is "unjust" and should not be followed
Positivist School - Answers - laws are concrete and must be followed (if law is bad,
doesn't matter)
Historical School - Answers - emphasizes the historical/ evolutionary process of law
standards will withstand the test of time
Legal Realism - Answers - judges should include other factors when interpreting the law
(social, economic, education are all factors)
Substantive Law - Answers - Laws that defines or creates the rights and obligations of a
person (What is the law)
Procedural Law - Answers - law that defines the steps you follow when filing your case
(how you go about the process)
Civil Law - Answers - defines the rights between individuals or individuals and
governments
ex:suing someone
Criminal Law - Answers - defines the obligations to society a person has
the state will bring the case against you
Citation - Answers - identifies a publication where the legal entity can be found
How to label a case - Answers - Petitioner vs Defendant
How to label an appeal case - Answers - Defendant v.s Petitioner
Appellant v.s Apellee
Unanimous Decision - Answers - all judges agree
Majority opinion - Answers - most agree, decision is made