BULW 301 exam 1 Questions And Answers Rated 100% Correct

regulations - ️️laws created by government agencies. Same power as statutes but created by different pieces of government Statutory Law - ️️the body of law enacted by the legislative bodies (as opposed to constitutional law, administrative law, or case law); been through the legislative process State Constitutions - ️️long and detailed about day to day relationship with government and citizens Law - ️️consists of enforceable rules governing relationships among individuals and between individuals and their society Why do we have laws? - ️️to provide stability, to keep society running, system in place if something goes wrong Liability - ️️the state of being legally responsible (liable) for something such as a debt or obligation Ethics - ️️the principles governing what constitutes right or wrong behavior Primary or secondary: US Constitution - ️️Primary Primary or secondary: statutory law - ️️primary Primary or secondary: regulations - ️️primary primary or secondary: case law and common law doctrines - ️️primary primary or secondary: encyclopedias - ️️secondary primary or secondary: treatises - ️️secondary Primary sources of law describe: - ️️What the law is/origin of the laws biggest primary source - ️️U.S. constitution "Supreme Law of the Land" - ️️U.S. Constitution Class action lawsuit - ️️people with similar legal injuries sueTrue/False: if any law conflicts with the Constitution, the law is rendered invalid - ️️True True/False: state laws work in any state - ️️False: State laws only work in their own state Secondary sources of law are: - ️️restatements of the law Why did the NCCUSL draft model laws? - ️️To make commerce easier across state borders Statute - ️️a bill/law that has gone through the whole process Our legal system developed from: - ️️England Case Law - ️️the rules of law announced in court decisions. Interprets statutes, regulations, constitutional provisions, and other case law Case law is considered - ️️"judge made law" Common law - ️️the body of law developed from custom or judicial decisions in English and U.S. courts. (Case law is part of greater common law) Courts of law - ️️A court in which the only remedies that could be granted were things of value, such as money damages; most often how civil legal disputes are settled Specific performance involves - ️️ordering a party to perform an agreement as promised; contract: one party is not doing what they said Rescission - ️️the cancellation of a contractual obligation (both want out of the contract) Defendant - ️️one against whom a lawsuit is brought, or the accused person in a criminal proceeding; must defend themselves Plaintiff - ️️a party that initiates a lawsuit; "complaining party" Precedent - ️️a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts Stare Decisus - ️️A common law doctrine under which judges are obligated to follow the precedents established in prior decisions; "let the decision stand"Burden of Proof - ️️the plaintiff has to prove every accusation made Litigation - ️️the process of taking legal action Substantive Law - ️️law that defines, describes, regulates, and creates legal rights and obligations; "meat of the law" Procedural Law - ️️Law that establishes the methods of enforcing the rights established by substantive law; "rules of the litigation" Civil Law - ️️the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters At stake in civil law - ️️Money Who vs. who in civil law - ️️plaintiff vs. defendant Decision in civil law - ️️liable or not liable Civil law deals with - ️️the rights of people In order to win a civil law case - ️️preponderance of the evidence