LRW EXAM PREP/COMPREHENSIVE STUDY
GUIDE/ACTUAL EXAM QUESTIONS WITH
ACCURATE SOLUTIONS/NEWEST UPDATE
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Terms in this set (129)
Case law, constitutions, statutes, administrative
1. sources of law (5)
regulations, the executive branch
Actual laws; these include constitutions, statutes,
case law/common law ( judicial opinions),
Primary sources of law
regulations (executive), executive orders (executive),
(7)
Rules of procedure (legislative/judicial), treaties
(executive/legislative)
, • Encyclopedias- (AmJur2d and C.J.S are main two
legal encyclopedias) comprehensive coverage of
legal topics, not in depth, objective
• Law review- commentary on law, subjective
• Bar journals- practical applications, subjective or
objective. Short articles of practical interest of local
lawyers.
• Practice manuals
• CLE- continued learning education (lawyers must
keep up with new law)
• Legislative history
• Treatises- In depth scholarly treatment of legal
system, nuances of subject, subjective but can be
objective, hornbooks
o they contain commentaires (a series of short
articles) written by scholars usually restricted to one
area of the law and organized by chapter, section
and paragraph
o
Secondary Sources of • A.LR- American law report, new or emerging law,
Law (13) in depth, narrow, cutting edge topic, (opposite of
encyclopedia) **If you find this then a lot of work is
done for you**
• Restatements- ALI (American Law Institute) restate
laws in an organized way of all states, not binding
unless adapted by a court (second restatement of
contracts)
o a scholarly completion of the common law
produced by the American Law Institute they will
write about what they think the law is or should be
• Uniform law- commission that gets together to
figure out what laws need clarification, UCC began
as this but was adapted, WI version of UCC which
was adapted = is primary but otherwise secondary.
• Periodical publications
• Dictionaries
• Foreign sources
, Primary sources of law= LAW, secondary sources
are NOT the law
primary v. secondary
Secondary sources of law are always persuasive
sources
only
Primary sources can be persuasive or binding
Allows the court to determine the constitutionality
of laws
o Legislature has the power to change common law
Judicial Review
but judges can review a statute to see if it is
constitutional (only in this instance)
o Power of court to test and invalidate statute for
unconstitutional only
a written plan that provides the basic framework of
a government
· a body of fundamental principles or established
constitutions
precedents according to which a state or other
organization is acknowledged to be governed.
· State and nation
· The U.S constitution & the Wisconsin Constitution
· The 'common law' = case law
o means the substantive law and procedural rules
that have been created by the judges through the
decisions in the cases they have heard
common law vs enacted o Judicial
law o Primary law
· Enacted law = statute law that has been passed
and put into effect
o Primary
o Is in effect
GUIDE/ACTUAL EXAM QUESTIONS WITH
ACCURATE SOLUTIONS/NEWEST UPDATE
Save
Terms in this set (129)
Case law, constitutions, statutes, administrative
1. sources of law (5)
regulations, the executive branch
Actual laws; these include constitutions, statutes,
case law/common law ( judicial opinions),
Primary sources of law
regulations (executive), executive orders (executive),
(7)
Rules of procedure (legislative/judicial), treaties
(executive/legislative)
, • Encyclopedias- (AmJur2d and C.J.S are main two
legal encyclopedias) comprehensive coverage of
legal topics, not in depth, objective
• Law review- commentary on law, subjective
• Bar journals- practical applications, subjective or
objective. Short articles of practical interest of local
lawyers.
• Practice manuals
• CLE- continued learning education (lawyers must
keep up with new law)
• Legislative history
• Treatises- In depth scholarly treatment of legal
system, nuances of subject, subjective but can be
objective, hornbooks
o they contain commentaires (a series of short
articles) written by scholars usually restricted to one
area of the law and organized by chapter, section
and paragraph
o
Secondary Sources of • A.LR- American law report, new or emerging law,
Law (13) in depth, narrow, cutting edge topic, (opposite of
encyclopedia) **If you find this then a lot of work is
done for you**
• Restatements- ALI (American Law Institute) restate
laws in an organized way of all states, not binding
unless adapted by a court (second restatement of
contracts)
o a scholarly completion of the common law
produced by the American Law Institute they will
write about what they think the law is or should be
• Uniform law- commission that gets together to
figure out what laws need clarification, UCC began
as this but was adapted, WI version of UCC which
was adapted = is primary but otherwise secondary.
• Periodical publications
• Dictionaries
• Foreign sources
, Primary sources of law= LAW, secondary sources
are NOT the law
primary v. secondary
Secondary sources of law are always persuasive
sources
only
Primary sources can be persuasive or binding
Allows the court to determine the constitutionality
of laws
o Legislature has the power to change common law
Judicial Review
but judges can review a statute to see if it is
constitutional (only in this instance)
o Power of court to test and invalidate statute for
unconstitutional only
a written plan that provides the basic framework of
a government
· a body of fundamental principles or established
constitutions
precedents according to which a state or other
organization is acknowledged to be governed.
· State and nation
· The U.S constitution & the Wisconsin Constitution
· The 'common law' = case law
o means the substantive law and procedural rules
that have been created by the judges through the
decisions in the cases they have heard
common law vs enacted o Judicial
law o Primary law
· Enacted law = statute law that has been passed
and put into effect
o Primary
o Is in effect
