BLAW 341 MAULL EXAM 1 PRACTICE QUESTIONS & ANSWERS
Two types of sources of law - (ANSWER)1. Primary
2. Secondary
Function of primary source - (ANSWER)establish law
- US Constitution
Function of secondary source - (ANSWER)supplemental materials that summarize law and
ARE NOT actually law
4 primary sources of law - (ANSWER)constitutional law,
statutory law,
administrative law,
case law
Question: Which of the following is not a "Primary Source of Law"?
Local ordinance
Legal treatises
A court of opinion decision
State constitution - (ANSWER)legal treatises
Q: What is the role of the court if a question arises that involves a constitutional question?
- (ANSWER)to interpret and apply the law
Statutory Law - (ANSWER)laws enacted by federal, state, and local governing bodies
,BLAW 341 MAULL EXAM 1 PRACTICE QUESTIONS & ANSWERS
Hypo: if a state contradicts the US Constitution, what will a court do? - (ANSWER)enforce
the US Constitution
Can a court enforce a state law over federal law? - (ANSWER)Yes, if the state law is better
than federal law
Case Law - (ANSWER)uses judge-set precedent/stare decisis to decide cases
stare decisis - (ANSWER)Let the decision stand; decisions are based on precedents from
previous cases
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.
APA (Admin. Procedure Act) - (ANSWER)3 steps
1. rulemaking
2. investigation and enforcement
3. adjudication
Plaintiff - (ANSWER)injured party initiating the lawsuit
defendant - (ANSWER)party who caused alleged injury
Remedies at law - (ANSWER)remedy via money, property, payment in damages
, BLAW 341 MAULL EXAM 1 PRACTICE QUESTIONS & ANSWERS
remedies at equity - (ANSWER)designed to "make a person whole" where money or
property are inadequate
injuction - (ANSWER)court order commanding a party to do something
Substantive law - (ANSWER)Law that defines, describes, regulates, and creates legal rights
and obligations.
- grants you a right or a privilege
- define and regulate rights and duties
Procedural Law - (ANSWER)Law that establishes the methods of enforcing and protecting
rights
Civil Law - (ANSWER)private rights and duties between person and/or persons and
government
Objective of Civil Law - (ANSWER)compensate an injured party
- no stare decisis
Objective of Criminal Law - (ANSWER)punish public wrongs against society
Common Law - (ANSWER)basis of law
- stare decisis
writ of certiorari - (ANSWER)A formal writ used to bring a case before the Supreme Court.
Two types of sources of law - (ANSWER)1. Primary
2. Secondary
Function of primary source - (ANSWER)establish law
- US Constitution
Function of secondary source - (ANSWER)supplemental materials that summarize law and
ARE NOT actually law
4 primary sources of law - (ANSWER)constitutional law,
statutory law,
administrative law,
case law
Question: Which of the following is not a "Primary Source of Law"?
Local ordinance
Legal treatises
A court of opinion decision
State constitution - (ANSWER)legal treatises
Q: What is the role of the court if a question arises that involves a constitutional question?
- (ANSWER)to interpret and apply the law
Statutory Law - (ANSWER)laws enacted by federal, state, and local governing bodies
,BLAW 341 MAULL EXAM 1 PRACTICE QUESTIONS & ANSWERS
Hypo: if a state contradicts the US Constitution, what will a court do? - (ANSWER)enforce
the US Constitution
Can a court enforce a state law over federal law? - (ANSWER)Yes, if the state law is better
than federal law
Case Law - (ANSWER)uses judge-set precedent/stare decisis to decide cases
stare decisis - (ANSWER)Let the decision stand; decisions are based on precedents from
previous cases
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.
APA (Admin. Procedure Act) - (ANSWER)3 steps
1. rulemaking
2. investigation and enforcement
3. adjudication
Plaintiff - (ANSWER)injured party initiating the lawsuit
defendant - (ANSWER)party who caused alleged injury
Remedies at law - (ANSWER)remedy via money, property, payment in damages
, BLAW 341 MAULL EXAM 1 PRACTICE QUESTIONS & ANSWERS
remedies at equity - (ANSWER)designed to "make a person whole" where money or
property are inadequate
injuction - (ANSWER)court order commanding a party to do something
Substantive law - (ANSWER)Law that defines, describes, regulates, and creates legal rights
and obligations.
- grants you a right or a privilege
- define and regulate rights and duties
Procedural Law - (ANSWER)Law that establishes the methods of enforcing and protecting
rights
Civil Law - (ANSWER)private rights and duties between person and/or persons and
government
Objective of Civil Law - (ANSWER)compensate an injured party
- no stare decisis
Objective of Criminal Law - (ANSWER)punish public wrongs against society
Common Law - (ANSWER)basis of law
- stare decisis
writ of certiorari - (ANSWER)A formal writ used to bring a case before the Supreme Court.
