BLW TEST #1 Exam 2023

BLW TEST #1 Exam 2023 Law - ANS-law consists of enforceable rules governing relationships among individuals and between individuals (or organizations) and society as a whole. English Common Law system - ANS-The American legal system is largely based upon the English Common Law system. Established during the 11th century when England unified its court system Policy - ANS-Past judicial decisions are generally binding for subsequent cases which are factually similar Precedent - ANS-a decision that serves as an example or authority for later cases involving similar issues. stare decisis - ANS-obligates judges to follow precedents within their jurisdictions, if made by a higher Court. it requires courts not to overturn their own precedents unless there is a compelling reason to do so. (This is a rare event; e.g., US Supreme Court decision in Brown v Board of Education, 1954.) U.S. Courts must follow case precedents within their own local jurisdictions, their own states, and the U.S. Supreme Court. Constitutional Law: - ANS-The U.S. Constitution is "the supreme law of the land;" any law that is held to conflict with it is invalid and ultimately unenforceable. State Constitutions are supreme within the state, and are preempted (superseded by) only by the US Constitution or federal law. Statutory Law (legislation): - ANS-Statutes and ordinances enacted by Congress, state legislatures and local legislative bodies (e.g. city council or county legislature). Courts interpret the statutes and apply them to facts of specific cases. Administrative Law - ANS-The rules, regulations, orders, and decisions of administrative agencies (e.g., IRS, Social Security Administration, FCC, EPA). Federal agencies are created by legislation which specifies the powers they are to have, such as investigation, rule making, enforcement. Similar agency systems exist at the state level (e.g. NY DEC). Actions of federal and state agencies are subject to review by the Courts. Case Law (Judicial Decisions): - ANS-Rules of law set forth in court decisions interpreting Constitutional provisions, statutes and ordinances, and administrative regulations. "Judge-made law." How courts answer the question "what does this rule mean in actual practice?" CIVIL LAW - ANS-concerned with relationships between and among individuals. (Contract case Smith vs. Jones, Inc.; personal injury Stevens v. County of Oswego) CRIMINAL LAW - ANS-concerned with relationship between an individual and society as a whole. (People of the State of NY vs. James Smith) PLAINTIFF () - ANS-party (person or group, corporation) who brings a lawsuit against another DEFENDANT () - ANS-party being sued by another party, or in criminal cases, being charged with a crime What is necessary before a lawsuit can be heard in a particular court in a particular place? - ANS-Rule: The court must have jurisdiction over the PERSON (defendant) or PROPERTY involved AND the SUBJECT MATTER of the case. IN PERSONAM JURISDICTION (Personal jurisdiction, p.48) - ANS-extends to those persons located within the territorial boundaries of the court. e.g. NY State Supreme Court: all NYS residents; includes corporations incorporated in NYS, maintaining offices in NYS and doing business in NYS. Oswego City Court: all city residents. Criminal acts and violations extend personal jurisdiction over defendants in the place where the acts are alleged to have occurred (e.g. speeding on Thruway--charge will be pending in the town court where the stop was made). LONG ARM STATUTES - ANS-give states authority to exercise personal jurisdiction over non-resident persons or corporations where it can be shown that the defendants transacted business within the state, or enter into a contract to provide goods or services within the state (e.g. internet sale of defective computer), or committed a tortious act within the state (e.g. motor vehicle accident IN REM JURISDICTION - ANS-extends to property located within the territorial limits of the court. NY State Supreme Court (Oswego County) is proper court for cases involving real estate located in Oswego County. NJ resident owns cottage in Oswego county: foreclosure action would be brought in Oswego county court. SUBJECT MATTER JURISDICTION: - ANS-limits the types of cases certain Courts may hear. e.g., Bankruptcy (federal specialty court); Family Court (state court by county); NY State Supreme Court (general civil jurisdiction, by county); City and town courts (criminal violations and misdemeanors, small claims, evictions). Federal Question - ANS-A question or issue arising out of the US Constitution, federal law, or an international treaty. E.g., a lawsuit against an employer for violating federal Americans with Disabilities Act; a lawsuit against a university for violating a student's First Amendment free speech rights under U.S. Constitution, etc...