BLAW 341 Maull Exam 1 Questions with Verified Solutions

BLAW 341 Maull Exam 1 Questions with Verified Solutions Two types of sources of law - Answers 1. Primary 2. Secondary Function of primary source - Answers establish law - US Constitution Function of secondary source - Answers supplemental materials that summarize law and ARE NOT actually law 4 primary sources of law - Answers 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 - Answers legal treatises Q: What is the role of the court if a question arises that involves a constitutional question? - Answers to interpret and apply the law Statutory Law - Answers laws enacted by federal, state, and local governing bodies Hypo: if a state contradicts the US Constitution, what will a court do? - Answers enforce the US Constitution Can a court enforce a state law over federal law? - Answers Yes, if the state law is better than federal law Case Law - Answers uses judge-set precedent/stare decisis to decide cases stare decisis - Answers Let the decision stand; decisions are based on precedents from previous cases administrative law - Answers 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) - Answers 3 steps 1. rulemaking 2. investigation and enforcement 3. adjudication Plaintiff - Answers injured party initiating the lawsuit defendant - Answers party who caused alleged injury Remedies at law - Answers remedy via money, property, payment in damages remedies at equity - Answers designed to "make a person whole" where money or property are inadequate injuction - Answers court order commanding a party to do something Substantive law - Answers 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 - Answers Law that establishes the methods of enforcing and protecting rights Civil Law - Answers private rights and duties between person and/or persons and government Objective of Civil Law - Answers compensate an injured party - no stare decisis Objective of Criminal Law - Answers punish public wrongs against society Common Law - Answers basis of law - stare decisis writ of certiorari - Answers A formal writ used to bring a case before the Supreme Court. number of federal circuits - Answers 13 current number of district courts - Answers 94 Q: What does a trial court do? Reviews witness testimony, physical evidence, documents, any "exhibit" presented by either the plaintiff or the defendant Hears examination and cross examination of witnesses Determines the FACTS of a case Renders verdicts and judgments.