BLAW 341 PSU EXAM 1 – GRIEVES QUESTIONS WITH VERIFIED SOLUTIONS
Analyzing Cases - FIRAC Method - Answers 1. find FACTS of the case
2. look for the legal ISSUES
3. decide which RULE of law applies
4. use the rule and APPLY it to the case
5. CONCLUDE your findings
Law - Answers a set of enforceable rules that regulates the conduct of individuals, businesses
and other organizations within society
How does the law serve society? - Answers - keeps the peace (prevents conflict)
- create a set of rules people can refer to
- gives protected property rights
Liability - Answers The state of being legally responsible (liable) for something, such as a debt
or obligation.
Businesses must think about... - Answers - risk of loss
- many different laws affect a single business transaction
legal concepts are useful for business persons in the following fields: - Answers - corporate
management
- production and transportation
- marketing
- Research and development
- Accounting and finance
- Human resource management
2 major sources of American Law - Answers - Primary source
- Secondary source
Primary source - Answers a document that establishes the law on a particular issue; follow
primary source first before moving on to secondary source
Example of Primary Sources - Answers - US Constitution and constitutions of various states
,- Statutory law
- Administrative law
- Case law
U.S. Constitution and constitutions of various states - Answers - creates the structure that all
other law is based upon; if a law conflicts with the Constitution, the Constitution always wins
- state constitutions can ADD more protections to US Constitution, but cannot conflict with it
Statutory Law - Answers laws passed by US Congress, state legislatures, and local governing
bodies
Administrative Law - Answers - regulations created by administrative agencies (ex. SEC, IRS,
FDA)
Case Law pt 1 - Answers - court decisions
- in civil law countries (France, China, Italy) this type of primary source does not exist; courts do
not produce primary sources
Secondary source - Answers a publication that summarizes or interprets the law, such as legal
encyclopedia, a legal treatise, or and article in a law review
Case Law - Answers - Case law consists of judicial interpretations of constitutional provisions,
statutes and administrative regulations.
- doctrines and principles announced in cases - governs all areas NOT covered by statutory law
or administrative law.
- Case law is part of the common law tradition.
Common Law tradition - Answers Early English courts
- kings courts started after Norman conquest of 1066
- Established the common law- body of general legal principles applied throughout the English
Empire
- Kings court used precedent to build the common law
As legislatures continue to enact laws today... - Answers we begin to "erase" or update the
common laws regarding the same decision. If legislation is passed it wins over common law.
Stare Decisis - Answers "to stand on decided cases" (if there is a precedent, the courts follow
that precedent)
, Judges are obligated to follow the precedent within their jurisdicitions - Answers - a higher
courts decision based on certain facts and law, is a binding authority on lower courts
- courts may depart from the rule of precedents
Stare Decisis helps courts... - Answers stay efficient and makes the law more stable, predictable,
and durable
Remedy - Answers means to enforce a right or compensate for injury to that right. Most
common is money damages
Remedies at Law - Answers in king's courts, remedies were restricted to damages in either
money or property
Remedies in equity - Answers - founded on notions of justice and fair dealing.
- King's chancellor or formal chancery courts does what is right: specific performance(ex.
contracts), injunction (ex. to stop someone from encroaching on your property), rescission (ex.
to end business relationship, to take apart).
Plaintiffs - Answers Injured party initiating the lawsuit
Defendent - Answers allegedly caused injury
Injunction - Answers court telling one party to do something or NOT to do something
Have to classify between LEGAL or EQUITABLE remedies - Answers can only file equitable
remedies (injunction) if you can prove that the legal remedies (money and property) are NOT
appropriate
Classifications of law - Answers - Substantive law
- Procedural law
- Civil law
- Criminal law
Substantive law - Answers all laws that define, describe, regulate and create legal rights and
obligations
Procedural law - Answers all laws that establish the methods of enforcing the rights established
by substantive law
Civil Law - Answers system of law derived from Roman law that is based on codified laws
(rather than case precedents)
- Spells out the rights and duties that exist between persons and between persons and their
Analyzing Cases - FIRAC Method - Answers 1. find FACTS of the case
2. look for the legal ISSUES
3. decide which RULE of law applies
4. use the rule and APPLY it to the case
5. CONCLUDE your findings
Law - Answers a set of enforceable rules that regulates the conduct of individuals, businesses
and other organizations within society
How does the law serve society? - Answers - keeps the peace (prevents conflict)
- create a set of rules people can refer to
- gives protected property rights
Liability - Answers The state of being legally responsible (liable) for something, such as a debt
or obligation.
Businesses must think about... - Answers - risk of loss
- many different laws affect a single business transaction
legal concepts are useful for business persons in the following fields: - Answers - corporate
management
- production and transportation
- marketing
- Research and development
- Accounting and finance
- Human resource management
2 major sources of American Law - Answers - Primary source
- Secondary source
Primary source - Answers a document that establishes the law on a particular issue; follow
primary source first before moving on to secondary source
Example of Primary Sources - Answers - US Constitution and constitutions of various states
,- Statutory law
- Administrative law
- Case law
U.S. Constitution and constitutions of various states - Answers - creates the structure that all
other law is based upon; if a law conflicts with the Constitution, the Constitution always wins
- state constitutions can ADD more protections to US Constitution, but cannot conflict with it
Statutory Law - Answers laws passed by US Congress, state legislatures, and local governing
bodies
Administrative Law - Answers - regulations created by administrative agencies (ex. SEC, IRS,
FDA)
Case Law pt 1 - Answers - court decisions
- in civil law countries (France, China, Italy) this type of primary source does not exist; courts do
not produce primary sources
Secondary source - Answers a publication that summarizes or interprets the law, such as legal
encyclopedia, a legal treatise, or and article in a law review
Case Law - Answers - Case law consists of judicial interpretations of constitutional provisions,
statutes and administrative regulations.
- doctrines and principles announced in cases - governs all areas NOT covered by statutory law
or administrative law.
- Case law is part of the common law tradition.
Common Law tradition - Answers Early English courts
- kings courts started after Norman conquest of 1066
- Established the common law- body of general legal principles applied throughout the English
Empire
- Kings court used precedent to build the common law
As legislatures continue to enact laws today... - Answers we begin to "erase" or update the
common laws regarding the same decision. If legislation is passed it wins over common law.
Stare Decisis - Answers "to stand on decided cases" (if there is a precedent, the courts follow
that precedent)
, Judges are obligated to follow the precedent within their jurisdicitions - Answers - a higher
courts decision based on certain facts and law, is a binding authority on lower courts
- courts may depart from the rule of precedents
Stare Decisis helps courts... - Answers stay efficient and makes the law more stable, predictable,
and durable
Remedy - Answers means to enforce a right or compensate for injury to that right. Most
common is money damages
Remedies at Law - Answers in king's courts, remedies were restricted to damages in either
money or property
Remedies in equity - Answers - founded on notions of justice and fair dealing.
- King's chancellor or formal chancery courts does what is right: specific performance(ex.
contracts), injunction (ex. to stop someone from encroaching on your property), rescission (ex.
to end business relationship, to take apart).
Plaintiffs - Answers Injured party initiating the lawsuit
Defendent - Answers allegedly caused injury
Injunction - Answers court telling one party to do something or NOT to do something
Have to classify between LEGAL or EQUITABLE remedies - Answers can only file equitable
remedies (injunction) if you can prove that the legal remedies (money and property) are NOT
appropriate
Classifications of law - Answers - Substantive law
- Procedural law
- Civil law
- Criminal law
Substantive law - Answers all laws that define, describe, regulate and create legal rights and
obligations
Procedural law - Answers all laws that establish the methods of enforcing the rights established
by substantive law
Civil Law - Answers system of law derived from Roman law that is based on codified laws
(rather than case precedents)
- Spells out the rights and duties that exist between persons and between persons and their
