answers graded A+
Stare decisis - correct answer ✔✔"Let the decision stand"; decisions are based on precedents
from previous cases
stautory law - correct answer ✔✔A law written by a legislative body
Case Law - correct answer ✔✔the rules of law announced in court decisions
Common Law - correct answer ✔✔a system of law based on precedent and customs
precedent - correct answer ✔✔an earlier event or action that is regarded as an example or
guide to be considered in subsequent similar circumstances.
aspects of stare decisis - correct answer ✔✔1. Decisions made by a higher court are binding on
lower courts.
2. A court should not overturn its own precedents unless there is a compelling reason to do so.
Pursuasive Authority - correct answer ✔✔any legal authority/source of law that a court may
look to for guidance but need not follow when making its decision
remedy - correct answer ✔✔The relief given to an innocent party to enforce a right or
compensate for the violation of a right.
types of remedies in equity - correct answer ✔✔specific performance, injunction, rescission
, Specific Performance - correct answer ✔✔A legal action to compel a party to carry out the
terms of a contract.
injunction - correct answer ✔✔an authoritative warning or order
Recission and Restitution - correct answer ✔✔returns both parties to pre-contract position
Maxims - correct answer ✔✔a short, pithy statement expressing a general truth or rule of
conduct
Equity Law - correct answer ✔✔Law created by judges to apply general principles of ethics and
fairness, rather than specific legal rules, to determine the proper remedy for legal harm.
Schools of Legal Thought - correct answer ✔✔Natural Law, Positivist, Historical, Legal Realism
Natural Law School of Thought - correct answer ✔✔a higher or universal law exists that applies
to all human beings, and written laws should imitate these inherent principles
Legal Positivism - correct answer ✔✔A 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 they are unjust, to prevent anarchy.
Historical Law School - correct answer ✔✔the law is an aggregate of social traditions and
customs that have developed over the centuries
Legal Realism School of Thought - correct answer ✔✔The idea that the law is just one of many
institutions in society and that is is shaped by social context. Takes into account context when
making legal decisions.