BLAW 3391 Exam 1 Questions And Correct Detailed Verified Answers.

Criminal Law - correct answer rules governing relationships between individuals and society Civil Law - correct answer rules governing relationships between individuals Constitutional Law - correct answer deals withe the fundamental principles by which the government exercises its authority, is the law expressed in the U.S. constitutions and state constitutions. Statutory Law - correct answer laws enacted by legislative bodies at any level of government such as the statutes passed by Congress or by state legislatures Local Ordinances - correct answer a regulation passed by a municipal or county governing unit to deal with matters not covered by federal or state law. Priorities of Laws - correct answer Federal Constitution Federal Statutes State Constitutions State Statutes Local Ordinances Administrative Agency - correct answer a federal, state, or local government agency created by legislature to perform a specific function, such as to make and enforce rules pertaining to the environment Common Law - correct answer the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature Precedent - correct answer A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts. Stare Decisis - correct answer a common law doctrine under which judges are obligated to follow the precedents established in prior decisions. Stare decisis has 2 aspects: - correct answer 1. a court should not overturn its own precedents unless there is a strong reason to do so 2. decisions made by a higher court are binding on lower courts Remedy - correct answer the relief given to an innocent party to enforce a right or compensate for the violation of a right Remedies at Law - correct answer In early king's courts of england if a person wronged another, the king's courts could award with either money or property. Equitable rememdies - correct answer examples are special performance, injunction or recession. granted when the legal remedy is inadequate or unavailable. Jurisdiction - correct answer the authority of a court to hear and decide a specific case In personam jurisdiction - correct answer a court with jurisdiction over a particular geographic area can exercise personal jurisdiction over any person or business that reside in that area In rem jursidiction - correct answer a court can exercise jurisdiction over property that is located within its boundaries Long arm statutes - correct answer a state statute that permits a state to exercise jurisdiction over nonresident defendants Minimum Contacts - correct answer before exercising long arm jurisdiction over a nonresident the court must be convinced that the defendant has sufficient contacts with the state. Diversity of citizenship - correct answer a basis for federal court jurisdiction over a lawsuit between citizens of different states or between a U.S. citizen and a citizen of a different country standing to sue - correct answer the legal requirement that an individual must have a sufficient stake in a controversy before they can bring a lawsuit Motion for summary judgment - correct answer a motion requesting the court to enter a judgement without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute. Discovery - correct answer a method by which the opposing parties obtain information from each other to prepare for trial Deposition - correct answer the testimony of a party a lawsuit or witness taken under oath before a trial Interrogatories - correct answer a series of written questions for which written answers are prepared by a party to a lawsuit usually with the assistance of the party's attorney, and then signed under oath. motion for judgment n.o.v. - correct answer a motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict was unreasonable and erroneous. motion for a new trial - correct answer a motion asserting that the trial was so fundamentally flawed that a new trial is necessary to prevent a miscarriage of justice Alternative Dispute Resolution - correct answer the resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration. Negotiation - correct answer the simplest form of ADR, in which the parties attempt to settle their dispute informally with or without an attorney to represent them. Mediation - correct answer a neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution Arbitration - correct answer a more formal method of ADR, a neutral third party or panel of experts that hears and imposes a resolution on the parties What is the best way to act ethically? - correct answer act in good faith in all matters Corporate Social Responsibility - correct answer corporate decisions affect all stakeholders 3 basic functions of most agencies - correct answer rulemaking, enforcement, and adjudication Rulemaking - correct answer the major function of an administrative agency. the process by which an administrative agency formally adopts a new regulation or amends or removes an old one. Enforcement - correct answer to make sure that people obey the law Adjudication - correct answer a proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation.