BULE 303 Exam 1 (ch. 1, 4, 20)
questions well answered already
passed
Primary source of law - correct answer ✔✔capable of establishing the rules (ex. constitution,
statutes, case law [court decided cases], administrative law)
Secondary source of law - correct answer ✔✔describes the rules (Wikipedia, encyclopedia,
restatement of law [compilation], lawyers, treatise)
Common Law - correct answer ✔✔-Legal system inherited from England
-Judges follow decisons from other courts (precedent)
-relies on repeated application of principles
Stare Decisis - correct answer ✔✔"stand by that which has been decided"
principle that courts are obligated to follow precedent
Persuasive Authority - correct answer ✔✔court in different jurisdiction has precedent, NOT
binding
Binding Authority - correct answer ✔✔court in same jurisdiction has precedent, IS binding
what divides persuasive and binding authority? - correct answer ✔✔jurisdiction (boundary for a
courts power)
, Civil Law system - correct answer ✔✔relies on legal principles enacted by legislature/governing
body, not judicial decisions
Courts of Law - correct answer ✔✔remedy = money equal to damages/transfer of land
if remedies at law were not sufficient, people went to king to ask for exception (equity)
Courts of Equity - correct answer ✔✔guided by maxims (short pithy statement expressing
principle)
-what is fair
Remedies in Equity - correct answer ✔✔Specific performance: do thing you promised to do
Injunction: do/don't do a particular thing
Recission: undo the agreement
Restitution: return money
Reformation: rewrite contract
Natural Law school - correct answer ✔✔standards of justice exist separate from what
statutes/judges provide
Legal positivism school - correct answer ✔✔only those rights granted by govt. exist
historical school - correct answer ✔✔legal doctrines that withstand test of time are most
authoritative
legal realism school - correct answer ✔✔social & economic realities are likely to be more
important than legal principles
sociological school - correct answer ✔✔law is a means to achieve goals in society
questions well answered already
passed
Primary source of law - correct answer ✔✔capable of establishing the rules (ex. constitution,
statutes, case law [court decided cases], administrative law)
Secondary source of law - correct answer ✔✔describes the rules (Wikipedia, encyclopedia,
restatement of law [compilation], lawyers, treatise)
Common Law - correct answer ✔✔-Legal system inherited from England
-Judges follow decisons from other courts (precedent)
-relies on repeated application of principles
Stare Decisis - correct answer ✔✔"stand by that which has been decided"
principle that courts are obligated to follow precedent
Persuasive Authority - correct answer ✔✔court in different jurisdiction has precedent, NOT
binding
Binding Authority - correct answer ✔✔court in same jurisdiction has precedent, IS binding
what divides persuasive and binding authority? - correct answer ✔✔jurisdiction (boundary for a
courts power)
, Civil Law system - correct answer ✔✔relies on legal principles enacted by legislature/governing
body, not judicial decisions
Courts of Law - correct answer ✔✔remedy = money equal to damages/transfer of land
if remedies at law were not sufficient, people went to king to ask for exception (equity)
Courts of Equity - correct answer ✔✔guided by maxims (short pithy statement expressing
principle)
-what is fair
Remedies in Equity - correct answer ✔✔Specific performance: do thing you promised to do
Injunction: do/don't do a particular thing
Recission: undo the agreement
Restitution: return money
Reformation: rewrite contract
Natural Law school - correct answer ✔✔standards of justice exist separate from what
statutes/judges provide
Legal positivism school - correct answer ✔✔only those rights granted by govt. exist
historical school - correct answer ✔✔legal doctrines that withstand test of time are most
authoritative
legal realism school - correct answer ✔✔social & economic realities are likely to be more
important than legal principles
sociological school - correct answer ✔✔law is a means to achieve goals in society
