BLAW 3391-Exam 1 Questions And Well Elaborated Answers.

Applications of Law - correct answer -Personal (food regulations, traffic laws, property rights) -Business (zoning ordinances, safe working conditions, licensing exams) -Government (funding for low-income housing or building roads) Secondary sources of law - correct answer A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review Primary sources of law - correct answer A document that establishes the law on a particular issue, such as a constitution, statute, administrative rule, or a court decision Constitutional Law - correct answer The body of law derived from the U.S Constitution and the constitutions of the various states Statutory Law - correct answer The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law) Citation - correct answer A reference to a publication in which a legal authority-such as a statute or a court decision-or other source can be found Ordinance - correct answer A regulation enacted by a city or county legislative body that becomes part of that state's statutory law Uniform Law - correct answer A model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute Uniform Commercial Code (UCC) - correct answer One of the most important uniform acts. Facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions. Was created through the joint efforts of the NCCUSL and the American Law Institute in 1952. Case Law - correct answer The rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and other case law Common Law - correct answer The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature Precedent - correct answer A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts Stare Decisis - correct answer A common law doctrine under which judges are obligated to follow the precedents established in prior decisions Binding Authority - correct answer Any source of law that a court must follow when deciding a case Brown v. Board of Education of Topeka - correct answer United States Supreme Court expressly overturned precedent when it concluded that separate educational facilities for whites and blacks, which had been upheld as constitutional in numerous previous cases, were inherently equal. Persuasive Authority - correct answer Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision Remedy - correct answer The relief given to an innocent party to enforce a right or compensate for the violation of a right Plaintiff - correct answer One who initiates a lawsuit Defendant - correct answer One against whom a lawsuit is brought or the accused person in a criminal proceeding Equitable Principles and Maxims - correct answer General propositions or principles of law that have to do with fairness (equity) Jurisprudence - correct answer The science or philosophy of law Natural Law - correct answer The oldest school of legal thought, based on the belief that the legal system should reflect universal ("higher") moral and ethical principles that are inherent in human nature Legal Positivism - correct answer A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy Historical School - correct answer A school of legal thought that looks to the past to determine what the principles of contemporary law should be Legal Realism - correct answer A school of legal thought that holds that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account Substantive Law - correct answer Law that defines, describes, regulates, and creates legal rights and obligations Procedural Law - correct answer Law that establishes the methods of enforcing the rights established by substantive law Cyberlaw - correct answer An informal term used to refer to all laws governing electronic communications and transactions, particularly those conducted via the internet Civil Law - correct answer The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters Civil Law System - correct answer A system of law derived from Roman law that is based on codified laws (rather than on case precedents) Criminal Law - correct answer The branch of law that defines and punishes wrongful actions committed against the public National Law - correct answer Law that pertains to a particular nation International Law - correct answer The law that governs relations among nations Judicial Review - correct answer The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch Jurisdiction - correct answer The authority of a court to hear and decide a specific case Long arm statute - correct answer A state statute that permits a state to exercise jurisdiction over nonresident defendants Minimum-Contacts Test - correct answer Courts use this to determine if they can exercise jurisdiction over out-of-state corporations. Is usually met if the corporation advertises or sells its products within the state, or places goods into the "stream of commerce" w/the intent that the goods be sold in the state Jurisdiction over subject matter - correct answer Is a limitation of the types of cases a court can hear. In both the federal and state court systems, there are courts of general (unlimited) jurisdiction, and courts of limited jurisdiction Ex of General Jurisdiction - correct answer State trial court or a federal district court Ex's of Limited Jurisdiction - correct answer Probate court- A state court that conducts proceedings relating to the settlement of a deceased person's estate Bankruptcy court- A federal court that handles only bankruptcy proceedings, which are governed by federal bankruptcy law