BLAW 301 Assessment 1 with Complete
Solutions
What is the Rule of Law? - ANS-Laws are equally applicable to everyone
What is the Law regarding property? - ANS-You have the right to exclude others
from your resources
What is common law? - ANS-Judges determine the meaning of laws and how those
laws should apply
How do judges determine what is the meaning of law (for common law)? - ANS-by
following prior case law
What are public laws? - ANS-matters that involve the regulation of society
What are the types of public laws? - ANS-Constitutional
Administrative
Criminal
What are private laws? - ANS-legal issues that concern private relationships with
individuals and businesses
What are the types of private laws? - ANS-property
contract
tort
What is civil law? - ANS-Concerned with harms caused by private injury where a
plaintiff requests damages to make them whole
What is criminal law? - ANS-Wrongs against society where a government
representative attempts to prove the guilt of a defendant
What is substantive law? - ANS-Defines legals relationships - rights and duties
What are contract laws? - ANS-enable owners of resources to promise to exchange
resources; laws to help enforce contract
What is tort law? - ANS-Intentionally or negligently causes harm to another person
or business (harm where no contract)
If you harm my property, I can sue you for damages
What is the right to accumulate wealth? - ANS-Exactly what it sounds like. Provides
an incentive to grow, innovate, etc. which makes us better as a society
, What is constitutional law? - ANS-interpretation of state/federal statute
What is administrative law? - ANS-laws that come from administrative agencies
(like the EPA)
What is criminal law? - ANS-a legislative body that says this conduct is a crime
against the state; the government is always involved
Who are district attorneys? - ANS-Attorneys at state level bringing charges
Who are U.S. attorneys? - ANS-federal attorneys that deal with federal charges
What is substantive law? - ANS-defines how the facts in the case will be handled, as
well as how the crime is to be charged.
What is procedural law? - ANS-Address the means by which we enforce substantive
rights; provide structure for pursuing our right
What is the statute of limitations? - ANS-procedural law that says you must file a
lawsuit within a certain number of years after the event
How does the Constitution compare to other laws? - ANS-It is the supreme law.
Can a law, state or federal, violate the constitution? - ANS-Absolutely not.
Constitution is the supreme law.
What is Article 1 of the Constitution? - ANS-sets up the legislature (Congress)
What is Article 2 of the Constitution? - ANS-sets up executive branch
What is Article 3 of the constitution? - ANS-sets up judiciary
What are the first 10 amendments called? - ANS-Bill of Rights
What is common law? - ANS-decisions in individual cases have precendential effect
on future cases
What is Stare Decisis? - ANS-"Let the decision stand" (precedent)
What are the types of Stare Decisis? - ANS-- trial judges must follow prior case law
of appellate courts
- trial and appellate judges must follow prior case law of district
What are some advantages of common law? - ANS-certainty, predictability, and
consistency
What are some disadvantages of common law? - ANS-not all judges follow
precedent, there are lots of cases, and there are times when faced with an issue
Solutions
What is the Rule of Law? - ANS-Laws are equally applicable to everyone
What is the Law regarding property? - ANS-You have the right to exclude others
from your resources
What is common law? - ANS-Judges determine the meaning of laws and how those
laws should apply
How do judges determine what is the meaning of law (for common law)? - ANS-by
following prior case law
What are public laws? - ANS-matters that involve the regulation of society
What are the types of public laws? - ANS-Constitutional
Administrative
Criminal
What are private laws? - ANS-legal issues that concern private relationships with
individuals and businesses
What are the types of private laws? - ANS-property
contract
tort
What is civil law? - ANS-Concerned with harms caused by private injury where a
plaintiff requests damages to make them whole
What is criminal law? - ANS-Wrongs against society where a government
representative attempts to prove the guilt of a defendant
What is substantive law? - ANS-Defines legals relationships - rights and duties
What are contract laws? - ANS-enable owners of resources to promise to exchange
resources; laws to help enforce contract
What is tort law? - ANS-Intentionally or negligently causes harm to another person
or business (harm where no contract)
If you harm my property, I can sue you for damages
What is the right to accumulate wealth? - ANS-Exactly what it sounds like. Provides
an incentive to grow, innovate, etc. which makes us better as a society
, What is constitutional law? - ANS-interpretation of state/federal statute
What is administrative law? - ANS-laws that come from administrative agencies
(like the EPA)
What is criminal law? - ANS-a legislative body that says this conduct is a crime
against the state; the government is always involved
Who are district attorneys? - ANS-Attorneys at state level bringing charges
Who are U.S. attorneys? - ANS-federal attorneys that deal with federal charges
What is substantive law? - ANS-defines how the facts in the case will be handled, as
well as how the crime is to be charged.
What is procedural law? - ANS-Address the means by which we enforce substantive
rights; provide structure for pursuing our right
What is the statute of limitations? - ANS-procedural law that says you must file a
lawsuit within a certain number of years after the event
How does the Constitution compare to other laws? - ANS-It is the supreme law.
Can a law, state or federal, violate the constitution? - ANS-Absolutely not.
Constitution is the supreme law.
What is Article 1 of the Constitution? - ANS-sets up the legislature (Congress)
What is Article 2 of the Constitution? - ANS-sets up executive branch
What is Article 3 of the constitution? - ANS-sets up judiciary
What are the first 10 amendments called? - ANS-Bill of Rights
What is common law? - ANS-decisions in individual cases have precendential effect
on future cases
What is Stare Decisis? - ANS-"Let the decision stand" (precedent)
What are the types of Stare Decisis? - ANS-- trial judges must follow prior case law
of appellate courts
- trial and appellate judges must follow prior case law of district
What are some advantages of common law? - ANS-certainty, predictability, and
consistency
What are some disadvantages of common law? - ANS-not all judges follow
precedent, there are lots of cases, and there are times when faced with an issue
