BUL 4310 EXAM 1 STUDY GUIDE
Sources of American Law - Answer -1. The U.S constitution and the constitutions of
various sates.
2. Statutory Law- including laws passed by congress, state legislatures.
3. Regulations created by administrative agencies.
4.Case law/ common law.
Constitutional Law - Answer -law that involves the interpretation and application of the
U.S. Constitution and state constitutions.
The law as expressed in the U.S. Constitution and the state constitutions. The U.S.
Constitution is
the supreme law of the land. State constitutions are supreme within state borders to the
extent
that they do not violate a clause of the U.S. Constitution or a federal law.
Statutory Law - Answer -Law passed by the U.S. Congress or state legislatures.
Laws (statutes and ordinances) enacted by federal, state, and local legislatures and
governing bod-
ies. None of these laws can violate the U.S. Constitution or the relevant state
constitution. Uniform
laws, when adopted by a state, become statutory law in that state.
local ordinances - Answer -cities and towns have regulations on:
speed limits, one way street, set stop intersections, sound , use turn signals, prohibit
commercial vehicles from using certain streets, and control parking.
common law tradition - Answer -American law is based largely on English Common
Law which was based largely on traditions, social customs, rules, and cases dating
back to 1066 A.D.
UCC (Uniform Commercial Code) - Answer -The UCC facilitates commerce among the
states by
providing a uniform, yet flexible, set of rules govern-
ing commercial transactions.
Administrative Law - Answer -The body of law created by administrative agencies (in
the form of rules, regulations, orders, and decisions) in order to carry out their duties
and responsibilities.
, The rules, orders, and decisions of federal, state, and local government administrative
agencies.
Administrative Agency - Answer -a federal, state, or local government agency
established to perform a specific function
Types of Remedies - Answer -If one person wronged another in some way, the king's
courts could award as compensa-tion one or more of the following: (1) land, (2) items
of value, or (3) money.
Courts of Equity - Answer -Equity is a branch of law—
founded on notions of justice and fair dealing—that
seeks to supply a remedy when no adequate remedy at
law is available.
Remedies in Equity - Answer -These remedies include specific
performance, an injunction, and rescission, granted by the equity courts.
Specific Performance - Answer -An equitable remedy requiring the breaching party to
perform as promised under the contract; usually granted only when money damages
would be an inadequate remedy and the subject matter of the contract is unique (for
example, real property).
injunction - Answer -is an order to
a party to cease engaging in a specific activity or to undo some wrong or injury.
Rescission - Answer -termination of contract
statutes of limitations - Answer -The law that sets the length of time from when
something happens to when a lawsuit must be filed before the right to bring it is lost.
equitable maxims - Answer -General propositions or principles of law that have to do
with fairness (equity).
Origins of Common Law - Answer -The American legal system is based on the
common law tradition, which originated in medieval
England. Following the conquest of England in 1066 by William the Conqueror, king's
courts were
established throughout England, and the common law was developed in these courts.
Legal and Equitable Remedies - Answer -Remedies at law (money or items of value,
such as land) and remedies in equity (including specific
performance, injunction, and rescission of a contractual obligation) originated in the
early English
courts of law and courts of equity, respectively.
Sources of American Law - Answer -1. The U.S constitution and the constitutions of
various sates.
2. Statutory Law- including laws passed by congress, state legislatures.
3. Regulations created by administrative agencies.
4.Case law/ common law.
Constitutional Law - Answer -law that involves the interpretation and application of the
U.S. Constitution and state constitutions.
The law as expressed in the U.S. Constitution and the state constitutions. The U.S.
Constitution is
the supreme law of the land. State constitutions are supreme within state borders to the
extent
that they do not violate a clause of the U.S. Constitution or a federal law.
Statutory Law - Answer -Law passed by the U.S. Congress or state legislatures.
Laws (statutes and ordinances) enacted by federal, state, and local legislatures and
governing bod-
ies. None of these laws can violate the U.S. Constitution or the relevant state
constitution. Uniform
laws, when adopted by a state, become statutory law in that state.
local ordinances - Answer -cities and towns have regulations on:
speed limits, one way street, set stop intersections, sound , use turn signals, prohibit
commercial vehicles from using certain streets, and control parking.
common law tradition - Answer -American law is based largely on English Common
Law which was based largely on traditions, social customs, rules, and cases dating
back to 1066 A.D.
UCC (Uniform Commercial Code) - Answer -The UCC facilitates commerce among the
states by
providing a uniform, yet flexible, set of rules govern-
ing commercial transactions.
Administrative Law - Answer -The body of law created by administrative agencies (in
the form of rules, regulations, orders, and decisions) in order to carry out their duties
and responsibilities.
, The rules, orders, and decisions of federal, state, and local government administrative
agencies.
Administrative Agency - Answer -a federal, state, or local government agency
established to perform a specific function
Types of Remedies - Answer -If one person wronged another in some way, the king's
courts could award as compensa-tion one or more of the following: (1) land, (2) items
of value, or (3) money.
Courts of Equity - Answer -Equity is a branch of law—
founded on notions of justice and fair dealing—that
seeks to supply a remedy when no adequate remedy at
law is available.
Remedies in Equity - Answer -These remedies include specific
performance, an injunction, and rescission, granted by the equity courts.
Specific Performance - Answer -An equitable remedy requiring the breaching party to
perform as promised under the contract; usually granted only when money damages
would be an inadequate remedy and the subject matter of the contract is unique (for
example, real property).
injunction - Answer -is an order to
a party to cease engaging in a specific activity or to undo some wrong or injury.
Rescission - Answer -termination of contract
statutes of limitations - Answer -The law that sets the length of time from when
something happens to when a lawsuit must be filed before the right to bring it is lost.
equitable maxims - Answer -General propositions or principles of law that have to do
with fairness (equity).
Origins of Common Law - Answer -The American legal system is based on the
common law tradition, which originated in medieval
England. Following the conquest of England in 1066 by William the Conqueror, king's
courts were
established throughout England, and the common law was developed in these courts.
Legal and Equitable Remedies - Answer -Remedies at law (money or items of value,
such as land) and remedies in equity (including specific
performance, injunction, and rescission of a contractual obligation) originated in the
early English
courts of law and courts of equity, respectively.
