BLAW 2200 TEST 1 STUDY GUIDE
Tort - Answers - Civil harm in which injured parties can sue for damages
Business law - Answers - Enforceable rules of conduct that govern commercial
relationships
Private Law - Answers - Disputes between individuals or groups
Public Law - Answers - Private group vs the government
Civil Law - Answers - Rights found in relationships between persons and persons and
the government
Criminal Law - Answers - A person commits an act against the public
Model/Uniform Laws - Answers - Standardize interstate laws
National Conference of Commissioners (NCC) - Answers - Propose models laws to
promote standardization
Statutes - Answers - Rules + regulations posed by legislature, found in the U.S. Code
Uniform Commercial Code - Answers - A collection of laws that governs various types of
business transactions (ex. sales laws), influenced by American Law Institute and NCC
Case Law - Answers - Collection of legal interpretations made by judges (a.k.a.
Common Law) , can be revoked by statutes, evolves with restatements of the law
(summaries of common law rules used to guide interpretations of certain cases)
Administrative Law - Answers - Collection of rules made by administrative agencies
(also independent admins ex. FTC or NSF)
Treaty - Answers - binding agreement between two states or international organizations,
negotiated by executive branch and approved by super-majority vote in Congress
(2/3rds)
Executive Orders - Answers - The power of the president and governors to issue orders
that carry the force of law, these are complied in the Code of Federal Regulations (CFR)
Identification of the vulnerable - Answers - Holds that society should be fair
Historical School/ Traditional - Answers - Uses traditions for future laws and behavior
, Legal Realism - Answers - A school of legal thought that holds that the law is only one
factor to be considered when deciding cases and that social and economic
circumstances (context) should also be taken into account.
Cost-benefit Analysis - Answers - Economic model that compares the marginal costs
and marginal benefits of a decision
World Trade Organization (WTO) - Answers - Stimulates negotiations, enforces trade
agreements, acts as the court for world trade
Steps for critical thinking - Answers - 1) Find facts, 2) Look for the issue, 3) Reasons
and the conclusion, 4) What rules of law can be applied?, 5) Critical thinking
Federal Preemption - Answers - Federal legislation is supreme over state legislation
when both pertain to the same matter (concurrent authority)
How to court determine federal regulation as concurrent to state law? - Answers - By
looking at language and congressional hearing transcripts
How can law be changed without changing the statute? - Answers - By changing the
court's interpretation
Dormant Commerce Clause - Answers - If a law substantially interferes with interstate
commerce then it is unconstitutional
Tax Credits - Answers - Discourage or encourage industry growth through taxation, this
is constitutional only if it is to secure revenue for the government, Article I, Section 8
Congress's spending power can only be used for? - Answers - To pay debts, for the
common defense of the nation, and for the general welfare of the U.S.
Privileges and Immunities (Rights and Protections) Clause - Answers - Prohibits states
from discriminating citizens of other states
Full Faith and Credit Clause - Answers - Constitution's requirement that each state
accept the public acts, records, and judicial proceedings of every other state (except
violations of public policy of the state ex. if it has to do with a fundamental right)
Contract Clause - Answers - No law can be passed that will unreasonably interfere with
existing contracts
Political Speech (Expression) - Answers - When corporations support political opinions
Commercial Speech (Expression) - Answers - conveys information related to the sale of
goods and services, determined via Central Hudson test
Tort - Answers - Civil harm in which injured parties can sue for damages
Business law - Answers - Enforceable rules of conduct that govern commercial
relationships
Private Law - Answers - Disputes between individuals or groups
Public Law - Answers - Private group vs the government
Civil Law - Answers - Rights found in relationships between persons and persons and
the government
Criminal Law - Answers - A person commits an act against the public
Model/Uniform Laws - Answers - Standardize interstate laws
National Conference of Commissioners (NCC) - Answers - Propose models laws to
promote standardization
Statutes - Answers - Rules + regulations posed by legislature, found in the U.S. Code
Uniform Commercial Code - Answers - A collection of laws that governs various types of
business transactions (ex. sales laws), influenced by American Law Institute and NCC
Case Law - Answers - Collection of legal interpretations made by judges (a.k.a.
Common Law) , can be revoked by statutes, evolves with restatements of the law
(summaries of common law rules used to guide interpretations of certain cases)
Administrative Law - Answers - Collection of rules made by administrative agencies
(also independent admins ex. FTC or NSF)
Treaty - Answers - binding agreement between two states or international organizations,
negotiated by executive branch and approved by super-majority vote in Congress
(2/3rds)
Executive Orders - Answers - The power of the president and governors to issue orders
that carry the force of law, these are complied in the Code of Federal Regulations (CFR)
Identification of the vulnerable - Answers - Holds that society should be fair
Historical School/ Traditional - Answers - Uses traditions for future laws and behavior
, Legal Realism - Answers - A school of legal thought that holds that the law is only one
factor to be considered when deciding cases and that social and economic
circumstances (context) should also be taken into account.
Cost-benefit Analysis - Answers - Economic model that compares the marginal costs
and marginal benefits of a decision
World Trade Organization (WTO) - Answers - Stimulates negotiations, enforces trade
agreements, acts as the court for world trade
Steps for critical thinking - Answers - 1) Find facts, 2) Look for the issue, 3) Reasons
and the conclusion, 4) What rules of law can be applied?, 5) Critical thinking
Federal Preemption - Answers - Federal legislation is supreme over state legislation
when both pertain to the same matter (concurrent authority)
How to court determine federal regulation as concurrent to state law? - Answers - By
looking at language and congressional hearing transcripts
How can law be changed without changing the statute? - Answers - By changing the
court's interpretation
Dormant Commerce Clause - Answers - If a law substantially interferes with interstate
commerce then it is unconstitutional
Tax Credits - Answers - Discourage or encourage industry growth through taxation, this
is constitutional only if it is to secure revenue for the government, Article I, Section 8
Congress's spending power can only be used for? - Answers - To pay debts, for the
common defense of the nation, and for the general welfare of the U.S.
Privileges and Immunities (Rights and Protections) Clause - Answers - Prohibits states
from discriminating citizens of other states
Full Faith and Credit Clause - Answers - Constitution's requirement that each state
accept the public acts, records, and judicial proceedings of every other state (except
violations of public policy of the state ex. if it has to do with a fundamental right)
Contract Clause - Answers - No law can be passed that will unreasonably interfere with
existing contracts
Political Speech (Expression) - Answers - When corporations support political opinions
Commercial Speech (Expression) - Answers - conveys information related to the sale of
goods and services, determined via Central Hudson test
