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Exam (elaborations)

MIE 305 NCSU Chapters 1-4 Exam Questions And Answers 100% Verified

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MIE 305 NCSU Chapters 1-4 Exam Questions And Answers 100% Verified Law - answerA body of enforceable rules governing relationships among individuals and between individuals and their society Liability - answerThe state of being legally responsible for something, such as a debt or obligation Contract Breach - answerThe failure to perform a legal obligation Primary Sources of Law - answerA document that establishes the law on a particular issue, such as a constitution, a statute, and administrative rule, or a court decision Secondary Sources of Law - answerA publication that summarizes or interprets the law, such as a legal encyclopedia Constitutional Law - answerThe body of law derived from the U.S. constitution and the constitutions of the various states Statutory Laws - answerThe body of law enacted by legislative bodies Citation - answerA reference to a publication in which a legal authority -- such as a statute or a court decision can be found Ordinances - answerA regulation enacted by a city or county legislative body that becomes part of the state's statute of law Uniform Law - answerA model law developed by the National Conference of Commissioners on Uniform State Law for the states to consider enacting into statute (created because of the differences in state laws) Case Law - answerThe rules of law announced in court decisions. Case law interprets statutes, regulations, constitutional provisions, and other case law. Common Law - answerThe body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature Precedent - answerA court decision that furnishes on example or authority for deciding subsequent cases involving identical or similar legal principles or facts Stare decisis - answera common law doctrine under which judges are obligated to follow the precedents established in prior decisions Binding Authority - answerAny source of law that a court must follow when deciding a case Persuasive Authority - answerAny source of law that a court may look for guidance but does not need to follow when making its decision Remedy - answerThe relief given to an innocent party to enforce a right or compensate for the violation of a right. Plaintiffs - answerOne who initiates a lawsuit Defendants - answerOne against whom a lawsuit is brought Court of Equity pg 11 - answerSpecific performance, rescission, injunction Jurisprudence - answerThe science or philosophy of law Natural Law (School of thought) - answerThe oldest school of legal thought, based on belief that the legal system should reflect universal moral an ethical principles that are inherent in human nature Legal Positivism (School of thought) - answera school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed even if unjust Legal Realism (SoT) - answerA school of legal thought that believes that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account Historical School (SoT) - answerA school of legal thought that looks to the past to determine what the principles of contemporary law should be

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