LEB 323 Test with Questions with
100% Correct Answers| Verified
uniform statutes - ✔✔set of statutes that begin as identical in multiple states
Uniform Commercial Code - ✔✔a popular uniform statute adopted by 49 states
plain meaning rule - ✔✔judges are bound to the statutory law's language; the
words themselves tell us all we need to know
aids to interpretation - ✔✔reference books, statutory context, legislative history,
social context, precedent
delegated powers - ✔✔power given to the federal government
reserved powers - ✔✔powers given to the states
commerce clause - ✔✔federal government has the power to regulate commerce
between states
preemption - ✔✔one law trumpets another law
express preemption - ✔✔federal government owns that area of the law
implied preemption - ✔✔there must be an indirect link to a delegated power
, what is law - ✔✔The general purpose of law is to create an orderly society. We want
justice when we have been wronged.
primary sources of law - ✔✔contain legally binding rules and procedures, include federal
and state constitutions, statues (legislative enactments), administrative agency regulations, and
court decisions; also included are federal treaties and city ordinances
secondary sources of law - ✔✔summarize and explain the law, and sometimes criticize
and suggest changes in it. Such sources are not legally binding, but are frequently referred to
and used by courts, administrative agencies, legislative staff members and practicing
attorneys as aids in determining what the law is or should be
rule-oriented approach - ✔✔views the law as consisting of the rules that are in effect
within a state or nation at a given time
process-oriented approach - ✔✔sees the law in a broader light: the processes by which the
rules and principles are formulated (rather than the rules and principles themselves)
constitute the major element of law
certainty, flexibility, knowability, reasonableness - ✔✔requirements of a legal system
certainty - ✔✔one essential element of a stable society is reasonable certainty about laws,
not only at a given moment but over long periods of time...if not, chaos would result. Courts are
generally reluctant to overturn principles that have been part of the law for any appreciable
length of time...most changes come from modifications rather than reversals
flexibility - ✔✔societal changes present new legal problems that must be resolved
without undue delay. Court actions should always be viewed as a last resort. Negotiated
settlements, mediation, arbitration, and other non-judicial dispute resolution techniques
also play in an important role in society
100% Correct Answers| Verified
uniform statutes - ✔✔set of statutes that begin as identical in multiple states
Uniform Commercial Code - ✔✔a popular uniform statute adopted by 49 states
plain meaning rule - ✔✔judges are bound to the statutory law's language; the
words themselves tell us all we need to know
aids to interpretation - ✔✔reference books, statutory context, legislative history,
social context, precedent
delegated powers - ✔✔power given to the federal government
reserved powers - ✔✔powers given to the states
commerce clause - ✔✔federal government has the power to regulate commerce
between states
preemption - ✔✔one law trumpets another law
express preemption - ✔✔federal government owns that area of the law
implied preemption - ✔✔there must be an indirect link to a delegated power
, what is law - ✔✔The general purpose of law is to create an orderly society. We want
justice when we have been wronged.
primary sources of law - ✔✔contain legally binding rules and procedures, include federal
and state constitutions, statues (legislative enactments), administrative agency regulations, and
court decisions; also included are federal treaties and city ordinances
secondary sources of law - ✔✔summarize and explain the law, and sometimes criticize
and suggest changes in it. Such sources are not legally binding, but are frequently referred to
and used by courts, administrative agencies, legislative staff members and practicing
attorneys as aids in determining what the law is or should be
rule-oriented approach - ✔✔views the law as consisting of the rules that are in effect
within a state or nation at a given time
process-oriented approach - ✔✔sees the law in a broader light: the processes by which the
rules and principles are formulated (rather than the rules and principles themselves)
constitute the major element of law
certainty, flexibility, knowability, reasonableness - ✔✔requirements of a legal system
certainty - ✔✔one essential element of a stable society is reasonable certainty about laws,
not only at a given moment but over long periods of time...if not, chaos would result. Courts are
generally reluctant to overturn principles that have been part of the law for any appreciable
length of time...most changes come from modifications rather than reversals
flexibility - ✔✔societal changes present new legal problems that must be resolved
without undue delay. Court actions should always be viewed as a last resort. Negotiated
settlements, mediation, arbitration, and other non-judicial dispute resolution techniques
also play in an important role in society
