LES 305 exam 1 Questions & Answers
100% Correct!!
law - ANSWERa body of rules of action or conduct prescribed by the controlling
authority and having legal binding force
public laws and example - ANSWERlaws by some authorized governmental body.
ex- state and federal constitution laws, county taxation statutes
private law and example - ANSWERbetween 2 individuals. ex- landlords have
regulations for their tenants
substantive law - ANSWER- An area of law that focuses on people's rights and
responsibilities as they are owed to each other and to the state.
- dictates the kind of punishment that someone may receive
ex. deal with whether a murder was committed in self-defense
procedural law - ANSWER- provides the means for enforcing substantive rights.
- guides the state on how best to enforce substantive laws
-rules that a court will consider when determining how best to handle a civil or
criminal court proceeding
ex. arraignments, pleas, or grand jury proceedings
stare decisis - ANSWER- principle that courts follow to decide legal cases by using
legal principals adopted in earlier court cases
- means "let the decision stand"
common law - ANSWER- a common system of law for everyone based on prior court
decisions
-began in England and still exists today (non statutory law) adopted by courts in US
statutory law - ANSWER- passed by a gov't body; appears in written form, laws
enacted by the legislative
- ex. A police officer pulls you over, and you are given a citation for violating the
speed limit. You have broken a vehicle and traffic law. tat
statute - ANSWERa written law passed by a legislative body
equity - ANSWERbody of law that attempts to do justice when the law does not
provide an adequate remedy, or when the application of law is terribly unfair. they
can issue injunctions to give victim compensatation
injunctions - ANSWER- Court orders that prohibit a certain activity
- obtain a legal remedy other than money damages.
ex. restraining order
, a brief - ANSWERis a tool used by lawyers to summarize a case and focus on its
facts and key points of the decision by the court
jurisprudence - ANSWERmeaning 'wisdom of law'. having different theories or value
bases for law.
ex. court and trial system used to administer law and justice
constitutions are not ____ because ... - ANSWERconstitutions are not statutes
because they cannot be added to , amended, or repealed.
uniform laws - ANSWERA model law created by the National Conference of
Commissioners on Uniform State Laws and/or the American Law Institute for the
states to consider adopting. If the state adopts the law, it becomes statutory law in
that state. Each state has the option of adopting or rejecting all or part of a uniform
law.
uniform commercial code - ANSWERhe body of laws governing commercial
transactions in the US.
ex. contracts for the sale of goods
ordinances - ANSWERstatutes within their area of power or control.
ex- curfews, loitering, dog licensing
party autonomy - ANSWERguiding principle in determining the procedure to be
followed in an international. commercial arbitration.
- right of parties to determine privately their choice of law
act of state doctrine - ANSWERnot subject to judicial review by the courts in other
countries
trial courts/ lower court - ANSWERthe place in the judicial system where the facts of
a case are presented, this is the court where the jury would sit and listen
appellate court - ANSWERreviews the conduct during the trial of the judge, lawyers,
witnesses, and jury. it helps assure that the lower court applied the law correctly and
followed the rules.
dissenting opinion - ANSWERduring an appellate court, and the judge who
disagrees with the other two. this is that judges explanation for a vote different from
that of the majority
reversible error - ANSWERis one that might have affected the outcome of the case.
ex- refusal to allow evidence to be admitted.
remand - ANSWERwhen the appellate court sends back the case to the trial court for
further proceedings. ex- a new trial where that piece of evidence is allowed
affirms - ANSWERif the appellate court does not find a reversible error, it affirms the
decision of the lower court
100% Correct!!
law - ANSWERa body of rules of action or conduct prescribed by the controlling
authority and having legal binding force
public laws and example - ANSWERlaws by some authorized governmental body.
ex- state and federal constitution laws, county taxation statutes
private law and example - ANSWERbetween 2 individuals. ex- landlords have
regulations for their tenants
substantive law - ANSWER- An area of law that focuses on people's rights and
responsibilities as they are owed to each other and to the state.
- dictates the kind of punishment that someone may receive
ex. deal with whether a murder was committed in self-defense
procedural law - ANSWER- provides the means for enforcing substantive rights.
- guides the state on how best to enforce substantive laws
-rules that a court will consider when determining how best to handle a civil or
criminal court proceeding
ex. arraignments, pleas, or grand jury proceedings
stare decisis - ANSWER- principle that courts follow to decide legal cases by using
legal principals adopted in earlier court cases
- means "let the decision stand"
common law - ANSWER- a common system of law for everyone based on prior court
decisions
-began in England and still exists today (non statutory law) adopted by courts in US
statutory law - ANSWER- passed by a gov't body; appears in written form, laws
enacted by the legislative
- ex. A police officer pulls you over, and you are given a citation for violating the
speed limit. You have broken a vehicle and traffic law. tat
statute - ANSWERa written law passed by a legislative body
equity - ANSWERbody of law that attempts to do justice when the law does not
provide an adequate remedy, or when the application of law is terribly unfair. they
can issue injunctions to give victim compensatation
injunctions - ANSWER- Court orders that prohibit a certain activity
- obtain a legal remedy other than money damages.
ex. restraining order
, a brief - ANSWERis a tool used by lawyers to summarize a case and focus on its
facts and key points of the decision by the court
jurisprudence - ANSWERmeaning 'wisdom of law'. having different theories or value
bases for law.
ex. court and trial system used to administer law and justice
constitutions are not ____ because ... - ANSWERconstitutions are not statutes
because they cannot be added to , amended, or repealed.
uniform laws - ANSWERA model law created by the National Conference of
Commissioners on Uniform State Laws and/or the American Law Institute for the
states to consider adopting. If the state adopts the law, it becomes statutory law in
that state. Each state has the option of adopting or rejecting all or part of a uniform
law.
uniform commercial code - ANSWERhe body of laws governing commercial
transactions in the US.
ex. contracts for the sale of goods
ordinances - ANSWERstatutes within their area of power or control.
ex- curfews, loitering, dog licensing
party autonomy - ANSWERguiding principle in determining the procedure to be
followed in an international. commercial arbitration.
- right of parties to determine privately their choice of law
act of state doctrine - ANSWERnot subject to judicial review by the courts in other
countries
trial courts/ lower court - ANSWERthe place in the judicial system where the facts of
a case are presented, this is the court where the jury would sit and listen
appellate court - ANSWERreviews the conduct during the trial of the judge, lawyers,
witnesses, and jury. it helps assure that the lower court applied the law correctly and
followed the rules.
dissenting opinion - ANSWERduring an appellate court, and the judge who
disagrees with the other two. this is that judges explanation for a vote different from
that of the majority
reversible error - ANSWERis one that might have affected the outcome of the case.
ex- refusal to allow evidence to be admitted.
remand - ANSWERwhen the appellate court sends back the case to the trial court for
further proceedings. ex- a new trial where that piece of evidence is allowed
affirms - ANSWERif the appellate court does not find a reversible error, it affirms the
decision of the lower court
