Jurisprudence and Sources of Law Key Concepts and Court Principles Exam UPDATED ACTUAL QUESTIONS AND CORRECT ANSWERS

Jurisprudence and Sources of Law Key
Concepts and Court Principles Exam
UPDATED ACTUAL QUESTIONS AND
CORRECT ANSWERS
Jurisprudence - CORRECT ANSWER Concerned with the basic nature of law.



Legal positivism - CORRECT ANSWER The law is what the sovereign says it is.



Natural law - CORRECT ANSWER An unjust law is no law at all.



Legal realism - CORRECT ANSWER Who enforces the law is more important than what the
law says.



Primary sources of law - CORRECT ANSWER The primary sources of contemporary law
include the United States Constitution, statutes, common law, court orders, administrative law, and
treaties.



Common law - CORRECT ANSWER Evolves in awkward fits and starts due to the
contradictory purposes of predictability and flexibility.



Stare decisis - CORRECT ANSWER Means 'let the decision stand' and indicates that once a
court has decided a particular issue, it will generally apply the same rule in future cases.



Bystander rule - CORRECT ANSWER Generally holds that no one has a duty to assist
someone in peril unless the bystander created the danger.



Statutory interpretation - CORRECT ANSWER Courts interpret a statute using the plain
meaning rule, legislative history and intent, and public policy.



Legislation process - CORRECT ANSWER Bills originate in Congressional committees and
must pass both houses and be signed by the president to become a statute.