Missouri State University Law 231 Test 1 Review ACTUAL UPDATED QUESTIONS
AND CORRECT ANSWERS
Natural Law School Universal laws that you should know by your morals.
Positivist Written law of a society at a particular point in time. (No higher law than the
written law).
Historical Looks to the past to determine what present law should be. (Does not adapt).
Legal Realism Developed in the 1920s. Rebellion. Have to take into account the circumstances of
the case.
Sociological Goal is to achieve social justice. They will change law to achieve social justice. (Ex.
Same sex marriage).
Constitutional Distributes power to government branches, limits power of branches.
50 States State constitution is supreme in that state, but if it conflicts with the US
Constitution it is struck down.
, Statutory Legislation Law
Federal Statutes Congress passes law in D.C. and apply everywhere.
State Statutes Every state has a legislature. (ex. Jefferson City, MO is where laws are passed that
apply within the state of MO).
Local Ordinance City and counties have ordinances that apply only in that city or county.
Administrative Law Rules of administrative agencies. (ex. FDA / EPA)
Case Law/Common Law Decisions of the courts. (Judge made law)
Common Law Tradition Judges making decisions based on their own legal decisions and on previous
legal decisions with similar circumstances.
courts of law and common law Wanted to make courts and customs consistent
Specific Performance Tries to get adequate remedies / Wants judge to order party to make them do
what they said they would do.
Injunction Equitable remedy / Wants judge to cease engaging in a certain activity.
Recission Wants judge to cancel a rotten contract.
Doctrine of Stare Decisis To stand on decided cases; the judicial policy of following precedents established
by past decisions.
Controlling Precedents Judge has to decide in the same way as previous cases with similar circumstances,
in that particular area.
Persuasive Precedent Judge could follow court ruling from different state if he or she wants to.
AND CORRECT ANSWERS
Natural Law School Universal laws that you should know by your morals.
Positivist Written law of a society at a particular point in time. (No higher law than the
written law).
Historical Looks to the past to determine what present law should be. (Does not adapt).
Legal Realism Developed in the 1920s. Rebellion. Have to take into account the circumstances of
the case.
Sociological Goal is to achieve social justice. They will change law to achieve social justice. (Ex.
Same sex marriage).
Constitutional Distributes power to government branches, limits power of branches.
50 States State constitution is supreme in that state, but if it conflicts with the US
Constitution it is struck down.
, Statutory Legislation Law
Federal Statutes Congress passes law in D.C. and apply everywhere.
State Statutes Every state has a legislature. (ex. Jefferson City, MO is where laws are passed that
apply within the state of MO).
Local Ordinance City and counties have ordinances that apply only in that city or county.
Administrative Law Rules of administrative agencies. (ex. FDA / EPA)
Case Law/Common Law Decisions of the courts. (Judge made law)
Common Law Tradition Judges making decisions based on their own legal decisions and on previous
legal decisions with similar circumstances.
courts of law and common law Wanted to make courts and customs consistent
Specific Performance Tries to get adequate remedies / Wants judge to order party to make them do
what they said they would do.
Injunction Equitable remedy / Wants judge to cease engaging in a certain activity.
Recission Wants judge to cancel a rotten contract.
Doctrine of Stare Decisis To stand on decided cases; the judicial policy of following precedents established
by past decisions.
Controlling Precedents Judge has to decide in the same way as previous cases with similar circumstances,
in that particular area.
Persuasive Precedent Judge could follow court ruling from different state if he or she wants to.
