FSU BUL 3310 Exam 1 Marzen Questions And Answers Rated 100% Correct!!

Sources of Law - ️️-Constitutions -Legislation -Judicial decisions -Administrative law -Equity and Equitable Principles Civil Law(Classification) - ️️Classification of law that applies to legal matters not governed by criminal law and that protect rights and provide remedies for breaches of duties owed to others. Courts of Equity - ️️Issues decrees/injunctions to provide relief where monetary judgements were inadequate; utilized general legal principles (maxims) to guide decisionmaking. Equitable remedies include those such as specific performance (a court ordering performance) of a contract. Private Law - ️️Law that pertains to the relationships between individuals in an organized society (contracts, torts, property) Law - ️️enforceable rules governing relationships among individuals and between individuals and their society Three types of Law - ️️Legislative laws, judicial pronouncements, procedural law Legislative Law - ️️laws, including federal and state constitutions, that have been passed by legislative bodies Judicial Pronouncements - ️️Legal statements made by courts. Based on statutory interpretation or common law. Procedural Law(type of law) - ️️Rules of evidence and legal/court procedure Public Law - ️️Bodies of law that affect the public generally (Constitutional, Administrative, Criminal Laws) Criminal Law - ️️Applies to acts that society deems so harmful to the public welfare that government is responsible for prosecuting and punishing the perpetrators Substantive Law - ️️A classification of law that creates, defines, and regulates parties' rights, duties, and powers.Procedural Law (classification) - ️️A classification of law that prescribes the steps, or processes, for enforcing the rights and duties defined by substantive law Common Law - ️️Body of law derived from court decisions as opposed to statues or constitutions US Legal System has what kind of foundation? - ️️Common law foundation; the written laws passed by congress and legislatures, and the decisions of court cases Civil Law (Source of Law) - ️️Codes of written laws, or statutes, apply primarily to all legal questions. Hierarchy of Laws - ️️Federal law trumps state law. U.S. Constitution is highest; then federal statutes; then state constitutions; then state laws. US and State Constitutions - ️️the basis of the legal system. they represent supreme law (supremacy clause) Constitutions - ️️Define the powers and functions of the branches of government Federal Laws can or cannot violate the US Constitution? - ️️CANNOT All state laws must conform to the US constitution as well as ___? - ️️The state constitution Doctrine of Separation of Powers - ️️Legislative, executive, and judicial branches of government function independently of one another and each branch serves as a check on the other Doctrine of Judicial Review - ️️conferred the power on the courts to declare laws and executive actions unconstitutional Legislation - ️️Creates most laws Legislative Bodies - ️️U.S. Congress, State Legislature, City Councils, etc Statute - ️️a law passed by the U.S. Congress or a state legislature Ordinance - ️️Law passed by a city, county, or other local governmental entity Code - ️️A collection of statutes passed by a legislative body on a particular subject Statutory Interpretation Rules: - ️️-Examine Legislative History-Utilize Rules of Construction -Plain Meaning Rule -Lex Specialis Derogat Legi Generali Rules of Construction - ️️1. Criminal statutes and taxing laws should be narrowly constructed 2. Remedial statues are to be liberally construed so the statute is effective in correcting the condition to be remedied. Plain Meaning Rule - ️️Absent a contrary statutory definition, words must be given their plain, ordinary meaning.