TEST BANK
BLAW Exam 1
1. Substantive Law states rights and duties of persons and entities.
2. Procedural Law procedural law describes means for applying substantive law by the courts
including where cases should be filed, what evidence will be admissible
and whether a jury will hear a case as well as grounds for appeal.
3. Written Enactment is law created by federal, state and local legislative entities
4. Common Law is law created and applied by appellate courts by judges appointed
(federal)
and elected (many states) by voters. Common law is created and
modified by appellate courts in response to disputes where no written
enactment exists for resolving the disputes.
5. Civil Law Describes the rights and duties of individuals and enterprises as well as
gov-
ernmental entities
6. How is Civil results from written enactment by legislative action as well as common
Law created? law created by appellate courts.
7. Who may Individuals and entities can bring claims
enforce Civil
Law?
8. Crimes are acts against society
9. Who creates No crime exists except as stated in written enactment enacted by a
crimi- nal law? legislative entity.
10. Crimes are misdemeanors and felonies
clas- sifed as
11. Felonies punishable by more than a year in prison
12. Misdemeanor punishable up to a year in county jail
, TEST BANK
BLAW Exam 1
13. Only a governmental entity
, TEST BANK
BLAW Exam 1
Who may bring
governmental ac-
tion?
14. Trial Courts find facts and apply law created
15. Appellate courts review application of law to the facts as found by a trial court and create
or
interpret law as necessary in order to reach a decision.
16. What usually the appellate court will usually remand the case back to the trial court with
oc- curs if an instructions for fact finding.
appel- late
court requires
facts in
addition to
those found by
a trial court in
order to render
a deci- sion in a
case on Review by writ of certiorari is at the discretion of the court. The vote of
appeal? four
17. Obtaining
review
in the U.S Supreme justices is required to grant the writ although nine justices sit on the
court.
Court
18. Doctrine of influences decision making by the courts. Facilitates predictability,
Stare Decisis consistency and uniformity in the law. (precedent) Applicable in
applying and interpreting written enactment as well as in applying
and creating common law.
19. State Courts apply state law and federal law except where federal law prohibits
, TEST BANK
BLAW Exam 1
20. Federal Courts federal courts apply State and Federal Law
21. Which State's Conflict of Laws. Generally the Law of the state that has the most
law is significant relationship to the controversy will be applicable.
applicable
where plaintiff
and
BLAW Exam 1
1. Substantive Law states rights and duties of persons and entities.
2. Procedural Law procedural law describes means for applying substantive law by the courts
including where cases should be filed, what evidence will be admissible
and whether a jury will hear a case as well as grounds for appeal.
3. Written Enactment is law created by federal, state and local legislative entities
4. Common Law is law created and applied by appellate courts by judges appointed
(federal)
and elected (many states) by voters. Common law is created and
modified by appellate courts in response to disputes where no written
enactment exists for resolving the disputes.
5. Civil Law Describes the rights and duties of individuals and enterprises as well as
gov-
ernmental entities
6. How is Civil results from written enactment by legislative action as well as common
Law created? law created by appellate courts.
7. Who may Individuals and entities can bring claims
enforce Civil
Law?
8. Crimes are acts against society
9. Who creates No crime exists except as stated in written enactment enacted by a
crimi- nal law? legislative entity.
10. Crimes are misdemeanors and felonies
clas- sifed as
11. Felonies punishable by more than a year in prison
12. Misdemeanor punishable up to a year in county jail
, TEST BANK
BLAW Exam 1
13. Only a governmental entity
, TEST BANK
BLAW Exam 1
Who may bring
governmental ac-
tion?
14. Trial Courts find facts and apply law created
15. Appellate courts review application of law to the facts as found by a trial court and create
or
interpret law as necessary in order to reach a decision.
16. What usually the appellate court will usually remand the case back to the trial court with
oc- curs if an instructions for fact finding.
appel- late
court requires
facts in
addition to
those found by
a trial court in
order to render
a deci- sion in a
case on Review by writ of certiorari is at the discretion of the court. The vote of
appeal? four
17. Obtaining
review
in the U.S Supreme justices is required to grant the writ although nine justices sit on the
court.
Court
18. Doctrine of influences decision making by the courts. Facilitates predictability,
Stare Decisis consistency and uniformity in the law. (precedent) Applicable in
applying and interpreting written enactment as well as in applying
and creating common law.
19. State Courts apply state law and federal law except where federal law prohibits
, TEST BANK
BLAW Exam 1
20. Federal Courts federal courts apply State and Federal Law
21. Which State's Conflict of Laws. Generally the Law of the state that has the most
law is significant relationship to the controversy will be applicable.
applicable
where plaintiff
and
