LSTD 2106 FINAL EXAM VERIFIED STUDY GUIDE
Law - Answers - a body of rules of action or conduct prescribed by controlling authority
and having legal binding force.
Jurisprudence - Answers - the science or philosophy of law.
-defines several schools of thought that are used to describe various approaches to the
appropriate function of law and how legal doctrines should be developed and applied.
Counsel - Answers - another term for attorney (particularly in a business context).
Constitutional Law - Answers - the body of law interpreting state and federal
constitutions.
-primary source of law
Statutory Law - Answers - The body of law created by the legislature and approved by
the executive branch of state and federal government.
-primary source of law
Common Law - Answers - law that has not been passed by the legislature but rather is
made by the courts; based on the fundamentals of previous cases with similar facts.
-primary source of law
Administrative Law - Answers - Refers to both the law made by administrative agencies
and the laws and regulations that govern the creation, organization, and operation of
administrative agencies.
-primary source of law
In terms of Permanence... - Answers - a constitution is thought to reflect the basic
principles of a particular society and should be amended only in extraordinary cases
and only when a majority of its constituents agree over a certain period of time.
In terms of Preemption... - Answers - constitutional law is supreme over all other
sources of law such as federal and state statutes, treaties, and common law.
Ordinances - Answers - written laws at the local level.
(local statutes passed by local legislatures)
-sometimes referred to as local regulations
Plain Meaning Rule - Answers - if the words in the statute have clear and widely
understood meanings, the court applies the statute in accordance with the rule
-used as the initial guideline in statutory interpretation to determine how a rule should be
applied.
,Statutory Scheme - Answers - the structure of the statute and the format of its mandates
in a law.
Legislative History - Answers - The records kept by the legislature, including the
debates, committee and conference reports, and legislative findings of fact used when
creating a law, which can be used to show the legislature's intent.
Citation - Answers - The special format used by the legal community to express where a
statute or case law can be found.
What countries use Common Law? - Answers - United States
The United Kingdom
Canada
Australia
Former colonies of Britain
What countries use Civil Law? - Answers - Japan
France
Doctrine of Stare Decisis - Answers - The principle that similar cases with similar facts
under similar circumstances should have similar outcomes.
Precedent - Answers - Applying the law made in previous appellate court opinions top
current cases with similar facts
-binding on the trial courts
How is Precedent created? - Answers - when an appellate court renders a decision,
known as the holding of the case, absent a controlling statute.
Does precedent established in one state's court have bearing on the courts of other
states? - Answers - No, a state court facing an issue for the first time (known as a "case
of first impression") might look to precedent created in other states for insight; however,
nothing requires its adherence to the other states' decisions.
Appellate Courts - Answers - courts that review the decision of trial courts and have the
authority to overturn decisions if they are inconsistent with the current state of law.
Constitutions have two primary functions: - Answers - (1) to prescribe the basic
structure and powers of a particular government body.
(2) to protect certain rights of individuals and businesses from government
encroachment.
Secondary Sources of Law - Answers - sources of law that have no independent
authority or legally binding effect but can be used to illustrate a point or clarify a legal
issue.
, Restatements of the Law - Answers - A collection of uniform legal principles focused in
a particular area of the law, which contains statements of common law legal principles
and rules in a given area of law.
Model Statutes - Answers - Drafted by legal experts, in hopes that they will be used or
adopted by state legislatures so as to provide uniformity in laws between states.
Uniform Commercial Code (UCC) - Answers - Provides a comprehensive set of rules
and principles intended to increase reliability and predictability in business transaction.
-extensive coverage is given to Article 2 of the UCC, which governs contracts for the
sale of goods.
Civil Laws - Answers - Laws designed to compensate parties (including businesses) for
losses as a result of another's conduct.
-these losses are known as damages.
Damages - Answers - money lost as a result of another's conduct.
Criminal Laws - Answers - Laws designed to protect society that result in penalties to
the violator such as fines or imprisonment.
Substantive Law vs. Procedural Law - Answers - Substantive laws provide individuals
with rights and create certain duties.
Procedural laws provide a structure and set out rules for pursuing substantive rights.
How does the Fourth Amendment of the US Constitution apply to substantive &
procedural laws? - Answers - It protects citizens against unreasonable searches and
seizures, a substantive right of privacy
~and~
It specifies the procedural steps that must be taken to override the substantive rights in
question in order to obtain a search warrant.
Remedies - Answers - Judicial actions, which can be monetary or equitable, taken by
courts that are intended to compensate an injured party in a civil lawsuit.
Equitable Relief - Answers - Relief granted in the form of either specific performance
("do it") or an injunction ("stop doing it") when monetary damages are insufficient due to
the unique or irreversible consequence of the breach.
Specific Performance - Answers - An equitable remedy requiring the breaching party to
perform as promised under the contract; usually granted only when money damages
would be an inadequate remedy and the subject matter of the contract is unique (for
example, real property).
Law - Answers - a body of rules of action or conduct prescribed by controlling authority
and having legal binding force.
Jurisprudence - Answers - the science or philosophy of law.
-defines several schools of thought that are used to describe various approaches to the
appropriate function of law and how legal doctrines should be developed and applied.
Counsel - Answers - another term for attorney (particularly in a business context).
Constitutional Law - Answers - the body of law interpreting state and federal
constitutions.
-primary source of law
Statutory Law - Answers - The body of law created by the legislature and approved by
the executive branch of state and federal government.
-primary source of law
Common Law - Answers - law that has not been passed by the legislature but rather is
made by the courts; based on the fundamentals of previous cases with similar facts.
-primary source of law
Administrative Law - Answers - Refers to both the law made by administrative agencies
and the laws and regulations that govern the creation, organization, and operation of
administrative agencies.
-primary source of law
In terms of Permanence... - Answers - a constitution is thought to reflect the basic
principles of a particular society and should be amended only in extraordinary cases
and only when a majority of its constituents agree over a certain period of time.
In terms of Preemption... - Answers - constitutional law is supreme over all other
sources of law such as federal and state statutes, treaties, and common law.
Ordinances - Answers - written laws at the local level.
(local statutes passed by local legislatures)
-sometimes referred to as local regulations
Plain Meaning Rule - Answers - if the words in the statute have clear and widely
understood meanings, the court applies the statute in accordance with the rule
-used as the initial guideline in statutory interpretation to determine how a rule should be
applied.
,Statutory Scheme - Answers - the structure of the statute and the format of its mandates
in a law.
Legislative History - Answers - The records kept by the legislature, including the
debates, committee and conference reports, and legislative findings of fact used when
creating a law, which can be used to show the legislature's intent.
Citation - Answers - The special format used by the legal community to express where a
statute or case law can be found.
What countries use Common Law? - Answers - United States
The United Kingdom
Canada
Australia
Former colonies of Britain
What countries use Civil Law? - Answers - Japan
France
Doctrine of Stare Decisis - Answers - The principle that similar cases with similar facts
under similar circumstances should have similar outcomes.
Precedent - Answers - Applying the law made in previous appellate court opinions top
current cases with similar facts
-binding on the trial courts
How is Precedent created? - Answers - when an appellate court renders a decision,
known as the holding of the case, absent a controlling statute.
Does precedent established in one state's court have bearing on the courts of other
states? - Answers - No, a state court facing an issue for the first time (known as a "case
of first impression") might look to precedent created in other states for insight; however,
nothing requires its adherence to the other states' decisions.
Appellate Courts - Answers - courts that review the decision of trial courts and have the
authority to overturn decisions if they are inconsistent with the current state of law.
Constitutions have two primary functions: - Answers - (1) to prescribe the basic
structure and powers of a particular government body.
(2) to protect certain rights of individuals and businesses from government
encroachment.
Secondary Sources of Law - Answers - sources of law that have no independent
authority or legally binding effect but can be used to illustrate a point or clarify a legal
issue.
, Restatements of the Law - Answers - A collection of uniform legal principles focused in
a particular area of the law, which contains statements of common law legal principles
and rules in a given area of law.
Model Statutes - Answers - Drafted by legal experts, in hopes that they will be used or
adopted by state legislatures so as to provide uniformity in laws between states.
Uniform Commercial Code (UCC) - Answers - Provides a comprehensive set of rules
and principles intended to increase reliability and predictability in business transaction.
-extensive coverage is given to Article 2 of the UCC, which governs contracts for the
sale of goods.
Civil Laws - Answers - Laws designed to compensate parties (including businesses) for
losses as a result of another's conduct.
-these losses are known as damages.
Damages - Answers - money lost as a result of another's conduct.
Criminal Laws - Answers - Laws designed to protect society that result in penalties to
the violator such as fines or imprisonment.
Substantive Law vs. Procedural Law - Answers - Substantive laws provide individuals
with rights and create certain duties.
Procedural laws provide a structure and set out rules for pursuing substantive rights.
How does the Fourth Amendment of the US Constitution apply to substantive &
procedural laws? - Answers - It protects citizens against unreasonable searches and
seizures, a substantive right of privacy
~and~
It specifies the procedural steps that must be taken to override the substantive rights in
question in order to obtain a search warrant.
Remedies - Answers - Judicial actions, which can be monetary or equitable, taken by
courts that are intended to compensate an injured party in a civil lawsuit.
Equitable Relief - Answers - Relief granted in the form of either specific performance
("do it") or an injunction ("stop doing it") when monetary damages are insufficient due to
the unique or irreversible consequence of the breach.
Specific Performance - Answers - An equitable remedy requiring the breaching party to
perform as promised under the contract; usually granted only when money damages
would be an inadequate remedy and the subject matter of the contract is unique (for
example, real property).
