BLAW 2200 EXAM 1 STUDY GUIDE
Business Law - Answers - rules of conduct that govern the actions of buyers & sellers
Classification of Law - Answers - - criminal law
- civil law
Criminal Law - Answers - governs the rights between individuals and the government
Criminal Law - Answers - acts committed by individuals to the public
Constitutions - Answers - U.S and the states have established rules and principles
- U.S constitution is Superior
Constitutional Law - Answers - Interpretation on the U.S constitution of its limits and
powers
Statues - Answers - written laws enacted by legislatures
Statutory Laws - Answers - rules and regulations put on by legislation
Ordinances - Answers - a piece of legislation enacted by a municipal authority.
- not found in U.S Codes
Model Laws - Answers - laws serve to standardize the otherwise different interstate
laws.
Also called uniform laws.
Precedent (stare decisis) - Answers - a legal norm that is establish for the use of similar
cases
Administrative Law - Answers - law created by administrative agencies
(in the form of rules, regulations, orders, and decisions) in order to carry out their duties
and responsibilities.
Courts of Law - Answers - granted limited kinds of monetary remedies
- land, items of value, and money
Courts of Equity - Answers - Used when money or law is not an acceptable remedy
, Specific Performance - Answers - equitable remedy : breaching party must perform as
promised under the contract
Injuction - Answers - A court order directing someone to do something or to refrain from
doing something
Recession - Answers - construction of a contract between the parties
Plaintiff - Answers - a person who brings a case against another in a court of law.
Petitioner - Answers - In equity law - a party that initiates a lawsuit.
Defendant - Answers - in a court of law - an individual or group being sued or charged
with a crime
defense - Answers - argument raised by the defendant
respondent - Answers - In equity law the (sued party)
Doctrine of Laches - Answers - Failure to show evidence at the proper time, especially
such delay will prohibit a party from bringing a legal proceeding.
legal reasoning - Answers - used by judges - deciding what law applies to a given case
and then applying that law
Steps in legal reasoning - Answers - 1. Issue
(facts)
2. Rule
(what precedent applies)
3. Application
(how does the rule apply to the case)
case point ! - "find similar case"
4. Conclusion
(no right answer)
Methods of Legal Reasoning - Answers - 1. Reason by analogy
(unsure of the facts but can compare it to another case)
2. Trace Issue to its Origin
(evolution)
if in a higher court, find out why it left a lower court
Business Law - Answers - rules of conduct that govern the actions of buyers & sellers
Classification of Law - Answers - - criminal law
- civil law
Criminal Law - Answers - governs the rights between individuals and the government
Criminal Law - Answers - acts committed by individuals to the public
Constitutions - Answers - U.S and the states have established rules and principles
- U.S constitution is Superior
Constitutional Law - Answers - Interpretation on the U.S constitution of its limits and
powers
Statues - Answers - written laws enacted by legislatures
Statutory Laws - Answers - rules and regulations put on by legislation
Ordinances - Answers - a piece of legislation enacted by a municipal authority.
- not found in U.S Codes
Model Laws - Answers - laws serve to standardize the otherwise different interstate
laws.
Also called uniform laws.
Precedent (stare decisis) - Answers - a legal norm that is establish for the use of similar
cases
Administrative Law - Answers - law created by administrative agencies
(in the form of rules, regulations, orders, and decisions) in order to carry out their duties
and responsibilities.
Courts of Law - Answers - granted limited kinds of monetary remedies
- land, items of value, and money
Courts of Equity - Answers - Used when money or law is not an acceptable remedy
, Specific Performance - Answers - equitable remedy : breaching party must perform as
promised under the contract
Injuction - Answers - A court order directing someone to do something or to refrain from
doing something
Recession - Answers - construction of a contract between the parties
Plaintiff - Answers - a person who brings a case against another in a court of law.
Petitioner - Answers - In equity law - a party that initiates a lawsuit.
Defendant - Answers - in a court of law - an individual or group being sued or charged
with a crime
defense - Answers - argument raised by the defendant
respondent - Answers - In equity law the (sued party)
Doctrine of Laches - Answers - Failure to show evidence at the proper time, especially
such delay will prohibit a party from bringing a legal proceeding.
legal reasoning - Answers - used by judges - deciding what law applies to a given case
and then applying that law
Steps in legal reasoning - Answers - 1. Issue
(facts)
2. Rule
(what precedent applies)
3. Application
(how does the rule apply to the case)
case point ! - "find similar case"
4. Conclusion
(no right answer)
Methods of Legal Reasoning - Answers - 1. Reason by analogy
(unsure of the facts but can compare it to another case)
2. Trace Issue to its Origin
(evolution)
if in a higher court, find out why it left a lower court
