LSTD 2106 EXAM 1 KEY TERMS
Law - ANSWER-A body of rules of action or conduct prescribed by controlling authority.
Jurisprudence - ANSWER-The science and philosophy of law that defines various
approaches to the appropriate function of law and how legal doctrines should be
developed and applied.
Counsel - ANSWER-Another name for an attorney. Results in reduced costs and
limitation of risk and liability.
Black's law Dictionary - ANSWER-the leading legal dictionary
constitutional law - ANSWER-the body of law interpreting state and cereal constitutions
statutory law - ANSWER-the body of law created by the legislature and approved by the
executive branch of state and federal governments
common law - ANSWER-law that has not been passed by the legislature, but rather is
made by the courts and is based on the fundamentals of previous cases with similar
facts
administrative (regulatory) law - ANSWER-law made by government administrative
agencies
ordinances - ANSWER-local statutes passed by local legislatures
statutory scheme - ANSWER-the structure of a statute and format of its mandates
legislative history - ANSWER-the records kept by the legislature including debates,
committee and conference reports, and legislative findings of fact used when creating a
law, which can be used to show the legislature's intent
citation - ANSWER-the special format used by the legal community to express where a
statute or case law can be found
precedent - ANSWER-when courts apply the law of a previous case to current cases
with similar facts
remedies - ANSWER-judicial actions, which can be monetary or equitable, taken by
courts that are intended to compensate and injured party in a civil lawsuit
, equitable relief - ANSWER-A type of remedy, including injunctions and restraining
orders, that is designed to compensate a party when money alone will not do, but
instead forces the other party to do (or not do) something.
equitable maxims - ANSWER-common laws rules that guide courts in deciding cases
and controversies are intended to be broad statements of rules based on notions of
fairness and justice
doctrine of stare decisis - ANSWER-a policy of courts to stand by a precedent and apply
it to all future cases where the facts are substaintially the same. to stand by things
decided. stand by the decision
federal system - ANSWER-system in which a national government coexists with the
government of each state
preamble - ANSWER-the introductory part of the constitution that states it broad
objectives
articles - ANSWER-the main provisions of the constitution that set out the governments
structure, power, and procedures
case precedent - ANSWER-the opinion of an appellate court, which is binding on all trial
courts from that point in time onward so that any similar case would be decided
according to to the precedent
secondary source - ANSWER-sources of law that have no independent authority or
legally binding effect, but can be used to illustrate a point or clarify a legal issue
restatements of the law - ANSWER-a collection of uniform legal principles focused in a
particular area of the law, which contains statements of common law legal principles
and rules in a given area of law
model state statutes - ANSWER-statutes drafter by legal experts to be used as a model
for state legislatures to adopt in their individual jurisdictions in order to increase the level
of uniformity and fairness across courts in all states
civil laws - ANSWER-laws designed to compensate parties for money lost as a result of
another's conduct
damages - ANSWER-money lost as a result of another's conduct
criminal laws - ANSWER-laws designed to protect society, which results in penalties to
the violator such as fines or imprisonment
substantive laws - ANSWER-laws that provide individuals with rights and create certain
duties
Law - ANSWER-A body of rules of action or conduct prescribed by controlling authority.
Jurisprudence - ANSWER-The science and philosophy of law that defines various
approaches to the appropriate function of law and how legal doctrines should be
developed and applied.
Counsel - ANSWER-Another name for an attorney. Results in reduced costs and
limitation of risk and liability.
Black's law Dictionary - ANSWER-the leading legal dictionary
constitutional law - ANSWER-the body of law interpreting state and cereal constitutions
statutory law - ANSWER-the body of law created by the legislature and approved by the
executive branch of state and federal governments
common law - ANSWER-law that has not been passed by the legislature, but rather is
made by the courts and is based on the fundamentals of previous cases with similar
facts
administrative (regulatory) law - ANSWER-law made by government administrative
agencies
ordinances - ANSWER-local statutes passed by local legislatures
statutory scheme - ANSWER-the structure of a statute and format of its mandates
legislative history - ANSWER-the records kept by the legislature including debates,
committee and conference reports, and legislative findings of fact used when creating a
law, which can be used to show the legislature's intent
citation - ANSWER-the special format used by the legal community to express where a
statute or case law can be found
precedent - ANSWER-when courts apply the law of a previous case to current cases
with similar facts
remedies - ANSWER-judicial actions, which can be monetary or equitable, taken by
courts that are intended to compensate and injured party in a civil lawsuit
, equitable relief - ANSWER-A type of remedy, including injunctions and restraining
orders, that is designed to compensate a party when money alone will not do, but
instead forces the other party to do (or not do) something.
equitable maxims - ANSWER-common laws rules that guide courts in deciding cases
and controversies are intended to be broad statements of rules based on notions of
fairness and justice
doctrine of stare decisis - ANSWER-a policy of courts to stand by a precedent and apply
it to all future cases where the facts are substaintially the same. to stand by things
decided. stand by the decision
federal system - ANSWER-system in which a national government coexists with the
government of each state
preamble - ANSWER-the introductory part of the constitution that states it broad
objectives
articles - ANSWER-the main provisions of the constitution that set out the governments
structure, power, and procedures
case precedent - ANSWER-the opinion of an appellate court, which is binding on all trial
courts from that point in time onward so that any similar case would be decided
according to to the precedent
secondary source - ANSWER-sources of law that have no independent authority or
legally binding effect, but can be used to illustrate a point or clarify a legal issue
restatements of the law - ANSWER-a collection of uniform legal principles focused in a
particular area of the law, which contains statements of common law legal principles
and rules in a given area of law
model state statutes - ANSWER-statutes drafter by legal experts to be used as a model
for state legislatures to adopt in their individual jurisdictions in order to increase the level
of uniformity and fairness across courts in all states
civil laws - ANSWER-laws designed to compensate parties for money lost as a result of
another's conduct
damages - ANSWER-money lost as a result of another's conduct
criminal laws - ANSWER-laws designed to protect society, which results in penalties to
the violator such as fines or imprisonment
substantive laws - ANSWER-laws that provide individuals with rights and create certain
duties
