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BUL 4310 EXAM 1 Questions and Answers

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BUL 4310 EXAM 1 Questions and Answers

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BUL 4310 EXAM 1 Questions and
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Sources of American Law - Answer-1. The U.S constitution and the constitutions of various sates.

2. Statutory Law- including laws passed by congress, state legislatures.

3. Regulations created by administrative agencies.

4.Case law/ common law.



Constitutional Law - Answer-law that involves the interpretation and application of the U.S. Constitution
and state constitutions.



The law as expressed in the U.S. Constitution and the state constitutions. The U.S. Constitution is

the supreme law of the land. State constitutions are supreme within state borders to the extent

that they do not violate a clause of the U.S. Constitution or a federal law.



Statutory Law - Answer-Law passed by the U.S. Congress or state legislatures.



Laws (statutes and ordinances) enacted by federal, state, and local legislatures and governing bod-

ies. None of these laws can violate the U.S. Constitution or the relevant state constitution. Uniform



laws, when adopted by a state, become statutory law in that state.

,local ordinances - Answer-cities and towns have regulations on:

speed limits, one way street, set stop intersections, sound , use turn signals, prohibit commercial
vehicles from using certain streets, and control parking.



common law tradition - Answer-American law is based largely on English Common Law which was based
largely on traditions, social customs, rules, and cases dating back to 1066 A.D.



UCC (Uniform Commercial Code) - Answer-The UCC facilitates commerce among the states by



providing a uniform, yet flexible, set of rules govern-

ing commercial transactions.



Administrative Law - Answer-The body of law created by administrative agencies (in the form of rules,
regulations, orders, and decisions) in order to carry out their duties and responsibilities.



The rules, orders, and decisions of federal, state, and local government administrative agencies.



Administrative Agency - Answer-a federal, state, or local government agency established to perform a
specific function



Federal Agencies - Answer-Special government organizations set up for a specific purpose such as the
management of resources, financial oversight of industries or national security issues.



Case Law - Answer-Judge-made law, including interpretations of constitutional provisions, of statutes
enacted by

legislatures, and of regulations created by administrative agencies.

, English courts and their affect on our court system. - Answer-A legal system based on custom and court
rulings.

Because of our colonial heritage, much of American law is based on the English legal system, which
originated

in medieval England and continued to evolve in the

following centuries.



Common Law - Answer-a body of general rules that applied throughout the entire english realm.



Remedies - Answer-the legal means to enforce a right or redress a wrong



Types of Remedies - Answer-If one person wronged another in some way, the king's courts could award
as compensa-tion one or more of the following: (1) land, (2) items

of value, or (3) money.



Courts of Equity - Answer-Equity is a branch of law—

founded on notions of justice and fair dealing—that

seeks to supply a remedy when no adequate remedy at

law is available.



Remedies in Equity - Answer-These remedies include specific

performance, an injunction, and rescission, granted by the equity courts.



Specific Performance - Answer-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).

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