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Blaw 341 - Exam 1 - Greaves | Comprehensive Q&A For Guaranteed Success

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BLAW 341 - EXAM 1 - GREAVES | COMPREHENSIVE Q&A FOR GUARANTEED SUCCESS

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BLAW 341 - EXAM 1 - GREAVES |
COMPREHENSIVE Q&A FOR GUARANTEED
SUCCESS



What are some examples of the King's chancellor or formal chancery courts doing
what is right (remedies in equity)-correct-answer-Specific performance (ex
contracts), injunction (ex to stop someone from encroaching on your property),
rescission (ex to end a business relationship, to take apart)




Plaintiffs-correct-answer-Injured party initiating the lawsuit




Defendants-correct-answer-Alleged caused injury




Injunction-correct-answer-Court telling one party to do something or NOT to do
something ex: Courts telling one party to transfer ownership of something, stop
infringing on copyright, stop trespassing, ect




You have to classify between legal and equitable remedies: how do you do that?-
correct-answer-You can only file for equitable remedies (injunction) if you can
prove that the legal remedies (money or property) are NOT appropriate

,2|Page




What are the four classifications of law?-correct-answer-1. Substantive Law
2. Procedural Law
3. Civil Law
4. Criminal Law




Substantive Law-correct-answer-All laws that define, describe, regulate, and
create legal rights and obligations ex: Assistance of Counsel Clause of the Sixth
Amendment




Procedural Law - def and where is it seen mostly?-correct-answer-All the laws that
establish the methods of enforcing the rights established by substantive law ex:
Motion for new trial based upon ineffective assistance of counsel
1. The methodology that enforces substantive law
2. Seen mostly in death cases




Civil Law - def
1. Are there more cases on civil or criminal?
2. Codified laws - def
3. Spells out what?

,3|Page


4. What is object?
5. Focuses on what?-correct-answer-System of law derived from Roman law that
is based on codified laws
1. More cases on civil than criminal
2. Codified laws: Laws that originate from one jurisdiction and is applied to other
areas
3. Spells out the rights and duties that exist between persons and between
persons and their governments
4. Object is to obtain a remedy to compensate injured party
5. Focuses on small interpersonal relationships




Criminal Law - def
1. Concerned with?
2. What is object?
3. Can civil and criminal overlap?-correct-answer-Branch of law that defines and
punishes wrongful actions committed against the public
1. Concerned with wrongs committed against society for which society demands
redress (harms against society)
2. Object is to punish wrongdoer, and deter others from wrong doing
3. Civil and criminal can overlap ex: Company contaminates ground water.
Becomes criminal law if the company knew about it.

, 4|Page


Federal Courts-correct-answer-Derive their authority from Article III of the US
Constitution. Independent systems of courts (not superior to state courts).




The Federal Courts are a three-tiered model consisting of? (3)-correct-answer-1.
US Supreme Court (highest appellate court)
2. US Courts of Appeals
3. US District Courts




US Supreme Court (highest appellate court)
1. __ justices
2. What's it review power?
3. Appeals to the Supreme Court (_________)
4. Petitions Granted by the Court (_________)-correct-answer-1. 9 justices
2. May review any case decided by any of the federal courts of appeals, and has
appellate authority over some cases decided in state courts
3. Appeals to the Supreme Court (Writ of Certiorari)
4. Petitions Granted by the Court (Important constitutional issues or circuit splits)




US Court of Appeals
1. ____ US Courts of Appeals (AKA ______)

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