BLAW 301 Exam 1 (Castle - KU)
How do judges determine what is the meaning of law (for common law)? - ✔️✔️by
following prior case law
What is common law? - ✔️✔️Judges determine the meaning of laws and how those
laws should apply
What is the Rule of Law? - ✔️✔️Laws are equally applicable to everyone
What is civil law? - ✔️✔️Concerned with harms caused by private injury where a
plaintiff requests damages to make them whole
What are public laws? - ✔️✔️matters that involve the regulation of society
What are the types of public laws? - ✔️✔️Constitutional
Administrative
Criminal
What is the Law regarding property? - ✔️✔️You have the right to exclude others from
your resources
What are private laws? - ✔️✔️legal issues that concern private relationships with
individuals and businesses
What are the types of private laws? - ✔️✔️property
contract
tort
What is criminal law? - ✔️✔️Wrongs against society where a government
representative attempts to prove the guilt of a defendant
What is substantive law? - ✔️✔️Defines legals relationships - rights and duties
What are contract laws? - ✔️✔️enable owners of resources to promise to exchange
resources; laws to help enforce contract
What is tort law? - ✔️✔️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? - ✔️✔️Exactly what it sounds like. Provides an
incentive to grow, innovate, etc. which makes us better as a society
What is constitutional law? - ✔️✔️interpretation of state/federal statute
What is administrative law? - ✔️✔️laws that come from administrative agencies (like
the EPA)
What is criminal law? - ✔️✔️a legislative body that says this conduct is a crime against
the state; the government is always involved
Who are district attorneys? - ✔️✔️Attorneys at state level bringing charges
Who are U.S. attorneys? - ✔️✔️federal attorneys that deal with federal charges
What is substantive law? - ✔️✔️defines how the facts in the case will be handled, as
well as how the crime is to be charged.
What is procedural law? - ✔️✔️Address the means by which we enforce substantive
rights; provide structure for pursuing our right
What is the statute of limitations? - ✔️✔️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? - ✔️✔️It is the supreme law.
Can a law, state or federal, violate the constitution? - ✔️✔️Absolutely not. Constitution
is the supreme law.
What is Article 1 of the Constitution? - ✔️✔️sets up the legislature (Congress)
What is Article 2 of the Constitution? - ✔️✔️sets up executive branch
What is Article 3 of the constitution? - ✔️✔️sets up judiciary
What are the first 10 amendments called? - ✔️✔️Bill of Rights
What is common law? - ✔️✔️decisions in individual cases have precendential effect on
future cases
What is Stare Decisis? - ✔️✔️"Let the decision stand" (precedent)
What are the types of Stare Decisis? - ✔️✔️- trial judges must follow prior case law of
appellate courts
How do judges determine what is the meaning of law (for common law)? - ✔️✔️by
following prior case law
What is common law? - ✔️✔️Judges determine the meaning of laws and how those
laws should apply
What is the Rule of Law? - ✔️✔️Laws are equally applicable to everyone
What is civil law? - ✔️✔️Concerned with harms caused by private injury where a
plaintiff requests damages to make them whole
What are public laws? - ✔️✔️matters that involve the regulation of society
What are the types of public laws? - ✔️✔️Constitutional
Administrative
Criminal
What is the Law regarding property? - ✔️✔️You have the right to exclude others from
your resources
What are private laws? - ✔️✔️legal issues that concern private relationships with
individuals and businesses
What are the types of private laws? - ✔️✔️property
contract
tort
What is criminal law? - ✔️✔️Wrongs against society where a government
representative attempts to prove the guilt of a defendant
What is substantive law? - ✔️✔️Defines legals relationships - rights and duties
What are contract laws? - ✔️✔️enable owners of resources to promise to exchange
resources; laws to help enforce contract
What is tort law? - ✔️✔️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? - ✔️✔️Exactly what it sounds like. Provides an
incentive to grow, innovate, etc. which makes us better as a society
What is constitutional law? - ✔️✔️interpretation of state/federal statute
What is administrative law? - ✔️✔️laws that come from administrative agencies (like
the EPA)
What is criminal law? - ✔️✔️a legislative body that says this conduct is a crime against
the state; the government is always involved
Who are district attorneys? - ✔️✔️Attorneys at state level bringing charges
Who are U.S. attorneys? - ✔️✔️federal attorneys that deal with federal charges
What is substantive law? - ✔️✔️defines how the facts in the case will be handled, as
well as how the crime is to be charged.
What is procedural law? - ✔️✔️Address the means by which we enforce substantive
rights; provide structure for pursuing our right
What is the statute of limitations? - ✔️✔️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? - ✔️✔️It is the supreme law.
Can a law, state or federal, violate the constitution? - ✔️✔️Absolutely not. Constitution
is the supreme law.
What is Article 1 of the Constitution? - ✔️✔️sets up the legislature (Congress)
What is Article 2 of the Constitution? - ✔️✔️sets up executive branch
What is Article 3 of the constitution? - ✔️✔️sets up judiciary
What are the first 10 amendments called? - ✔️✔️Bill of Rights
What is common law? - ✔️✔️decisions in individual cases have precendential effect on
future cases
What is Stare Decisis? - ✔️✔️"Let the decision stand" (precedent)
What are the types of Stare Decisis? - ✔️✔️- trial judges must follow prior case law of
appellate courts
