LATEST UPDATED | ACTUAL EXAM QUESTIONS WITH SOLUTIONS |
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What are the functions of law - (ANSWER)to resolve disputes, protect property, preserve the
state (government)
Substantive law - (ANSWER)creates, defines, and regulates legal rights and duties
Procedural law (process) - (ANSWER)sets forth rules of enforcing those rights that are created
by the substantive laws
Public law - (ANSWER)laws that deal with the government's rights and powers and it
relationship to individuals or groups
Private law - (ANSWER)part of substantive law governing individuals and legal entities (such as
corporations) in their relationship with one another
,Civil law (private) - (ANSWER)defendant must be proved guilty with the preponderance of the
evidence
Criminal law (public) - (ANSWER)defendant must be proved guilty beyond reasonable doubt
Judicial review - (ANSWER)Allows the court to determine the constitutionality of laws
stare decisis - (ANSWER)"let the decision stand"
equitable remedies - (ANSWER)Injunctions, precision, restitution, and any other relief which the
court deems proper
restatement of law - (ANSWER)summaries of the common law; covers many areas; it is
persuasive but not binding on courts
Legislative law - (ANSWER)Law created by lawmaking bodies such as Congress and state
assemblies. Also called statutory law.
, Uniform laws - (ANSWER)state statutes that have been passed to promote uniformity in some
areas of the law. EX: UCC
Administrative law - (ANSWER)Branch of public law, governs powers and procedures of
governmental entities. Law is created by administrative agencies in forms of rules, regulations
and order
Case citation - (ANSWER)Name of plaintiff and defendant, volume and page of reporter, and
year of decision
Court system order - (ANSWER)(District) Trial courts -> Courts of Appeals -> Supreme court
Inferior courts - (ANSWER)Municipal, justice of the peace, small claims
Special Courts - (ANSWER)US court of claims, US bankruptcy court, US Tax court. Usually
have exclusive federal jurisdiction for particular type of case
Subject matter Jurisdiction - (ANSWER)"will the case be tried in federal or state court?"