BLAW 301 Exam 1 (Castle - KU)
Questions and Answers
What is the Rule of Law? - answer Laws are equally applicable to everyone
What is the Law regarding property? - answer You have the right to exclude others
from your resources
What is common law? - answer Judges determine the meaning of laws and how
those laws should apply
How do judges determine what is the meaning of law (for common law)? - answer by
following prior case law
What are public laws? - answer matters that involve the regulation of society
What are the types of public laws? - answer Constitutional
Administrative
Criminal
What are private laws? - answer legal issues that concern private relationships with
individuals and businesses
What are the types of private laws? - answer property
contract
tort
What is civil law? - answer Concerned with harms caused by private injury where a
plaintiff requests damages to make them whole
What is criminal law? - answer Wrongs against society where a government
representative attempts to prove the guilt of a defendant
What is substantive law? - answer Defines legals relationships - rights and duties
What are contract laws? - answer enable owners of resources to promise to
exchange resources; laws to help enforce contract
What is tort law? - answer Intentionally or negligently causes harm to another person
or business (harm where no contract)
If you harm my property, I can sue you for damages
, What is the right to accumulate wealth? - answer Exactly what it sounds like.
Provides an incentive to grow, innovate, etc. which makes us better as a society
What is constitutional law? - answer interpretation of state/federal statute
What is administrative law? - answer laws that come from administrative agencies
(like the EPA)
What is criminal law? - answer a legislative body that says this conduct is a crime
against the state; the government is always involved
Who are district attorneys? - answer Attorneys at state level bringing charges
Who are U.S. attorneys? - answer federal attorneys that deal with federal charges
What is substantive law? - answer defines how the facts in the case will be handled,
as well as how the crime is to be charged.
What is procedural law? - answer Address the means by which we enforce
substantive rights; provide structure for pursuing our right
What is the statute of limitations? - answer procedural law that says you must file a
lawsuit within a certain number of years after the event
How does the Constitution compare to other laws? - answer It is the supreme law.
Can a law, state or federal, violate the constitution? - answer Absolutely not.
Constitution is the supreme law.
What is Article 1 of the Constitution? - answer sets up the legislature (Congress)
What is Article 2 of the Constitution? - answer sets up executive branch
What is Article 3 of the constitution? - answer sets up judiciary
What are the first 10 amendments called? - answer Bill of Rights
What is common law? - answer decisions in individual cases have precendential
effect on future cases
What is Stare Decisis? - answer "Let the decision stand" (precedent)
What are the types of Stare Decisis? - answer - trial judges must follow prior case
law of appellate courts
- trial and appellate judges must follow prior case law of district
Questions and Answers
What is the Rule of Law? - answer Laws are equally applicable to everyone
What is the Law regarding property? - answer You have the right to exclude others
from your resources
What is common law? - answer Judges determine the meaning of laws and how
those laws should apply
How do judges determine what is the meaning of law (for common law)? - answer by
following prior case law
What are public laws? - answer matters that involve the regulation of society
What are the types of public laws? - answer Constitutional
Administrative
Criminal
What are private laws? - answer legal issues that concern private relationships with
individuals and businesses
What are the types of private laws? - answer property
contract
tort
What is civil law? - answer Concerned with harms caused by private injury where a
plaintiff requests damages to make them whole
What is criminal law? - answer Wrongs against society where a government
representative attempts to prove the guilt of a defendant
What is substantive law? - answer Defines legals relationships - rights and duties
What are contract laws? - answer enable owners of resources to promise to
exchange resources; laws to help enforce contract
What is tort law? - answer Intentionally or negligently causes harm to another person
or business (harm where no contract)
If you harm my property, I can sue you for damages
, What is the right to accumulate wealth? - answer Exactly what it sounds like.
Provides an incentive to grow, innovate, etc. which makes us better as a society
What is constitutional law? - answer interpretation of state/federal statute
What is administrative law? - answer laws that come from administrative agencies
(like the EPA)
What is criminal law? - answer a legislative body that says this conduct is a crime
against the state; the government is always involved
Who are district attorneys? - answer Attorneys at state level bringing charges
Who are U.S. attorneys? - answer federal attorneys that deal with federal charges
What is substantive law? - answer defines how the facts in the case will be handled,
as well as how the crime is to be charged.
What is procedural law? - answer Address the means by which we enforce
substantive rights; provide structure for pursuing our right
What is the statute of limitations? - answer procedural law that says you must file a
lawsuit within a certain number of years after the event
How does the Constitution compare to other laws? - answer It is the supreme law.
Can a law, state or federal, violate the constitution? - answer Absolutely not.
Constitution is the supreme law.
What is Article 1 of the Constitution? - answer sets up the legislature (Congress)
What is Article 2 of the Constitution? - answer sets up executive branch
What is Article 3 of the constitution? - answer sets up judiciary
What are the first 10 amendments called? - answer Bill of Rights
What is common law? - answer decisions in individual cases have precendential
effect on future cases
What is Stare Decisis? - answer "Let the decision stand" (precedent)
What are the types of Stare Decisis? - answer - trial judges must follow prior case
law of appellate courts
- trial and appellate judges must follow prior case law of district
