LSB 3213 Exam 1.docx

knowledge of "black-letter" law and what conduct leads to liability is enough - correct answer false areas of law that affect business decision making - correct answer contracts, intellectual property, product liability, torts, sales, internet law (privacy), environmental law torts defined - correct answer common law jurisdiction; a civil wrong that causes someone else to suffer loss primary sources of law - correct answer those that establish the law, such as constitutions, statutes, and regulations what do secondary sources of law do - correct answer summarize and clarify the primary sources (restatements) deceit defined - correct answer a promise made without intent of performing it what is the fourth branch of government - correct answer administrative law what does administrative law consist of - correct answer federal agencies and state/local agencies what law is American law based upon - correct answer English common law what do the courts of law do? - correct answer they grant limited kinds of remedies what do the courts of equity do - correct answer they award non-monetary relief why would anyone use an equity court - correct answer pride and leverage what is the hierarchy of primary sources of law - correct answer US constitution, federal statutory law, state constitution, state statutory law, local ordinance, administrative regulations, common law have equitable maxims lost their relevance in the 21st century - correct answer no may a party request both legal and equitable remedies in the same action - correct answer yes action of law/equity initiation of lawsuit - correct answer filing complaint/ filing a petition action of law/equity parties - correct answer (plaintiff, defendant)/(petitioner, respondent) action of law/equity decision - correct answer by judge or jury/ by judge action of law/equity result - correct answer judgement/decree action of law/equity remedy - correct answer monetary damages/ injunction, specific performance, or rescission what amendment grants the right to a jury trial to actions at law - correct answer 7th what is statutes of limitations - correct answer a legal defense (self explanatory) what are laches - correct answer you waited an unreasonable amount of time to file a lawsuit define rescission - correct answer undo or terminate a contract define stare decisis - correct answer a common law doctrine under which judges must follow precedents established in prior decision how do judges make their own decisions - correct answer they apply the law to the facts of the case what are the 2 aspects of stare decisis - correct answer a court should not overturn its own precedent unless it has a compelling reason not to, decisions made by higher courts are binding to lower courts define binding authority - correct answer any source of law a court must follow when deciding a case define a controlling precedent - correct answer a binding authority that requires a court to follow prior court decisions in its jurisdiction what happens if there is no authority - correct answer it is called a case of first impression define persuasive authority - correct answer any primary or secondary source of law that a court may consult for guidance but that is not binding on the court what sources are considered persuasive - correct answer legal/equitable ones, precedents from other jurisdictions, unpublished opinions, fairness/social values/customs when can a higher court in a jurisdiction depart from a precedent - correct answer the precedent is incorrect, or inapplicable what do precedents do - correct answer they make laws consistent and uniform what is the legal reasoning process - correct answer IRAC, issue, rule, analysis, and conclusion courts ..... statutes and regulations - correct answer interpret courts.... the law but do not make the law - correct answer apply define restatements - correct answer compilations that generally summarize the common law what are the 4 schools of thought - correct answer natural, positivist, historical, legal realm what is the natural law theory - correct answer there is a higher or universal law that exists that applies to all human beings what is the positivist law - correct answer there is no law higher than the laws created by a national government what is legal realism - correct answer the law is shaped by social forces and needs what school of legal thought influenced the growth of the sociological school - correct answer legal realism what is the historical school of thought - correct answer it focuses on the history and origins of the legal systems define substantive law - correct answer consists of all the laws that define, describe, regulate, and create legal rights and obligations every type of law will be either ...... or ........, and ...... or ....... - correct answer civil or criminal, and substantive or procedural define procedural law - correct answer consist of all laws that outline the methods of enforcing the rights established by substantive law what are instances of procedural law - correct answer evidence and civil procedure civil law is concerned with - correct answer people v. people criminal law is concerned