BULE 303 Exam 1 questions answers
graded A+
Natural Law Tradition - correct answer ✔✔Belief that legal system should reflect universal
(higher) moral and ethical principles that are inherent in human nature. Oldest school of legal
thought
Legal Positivism - correct answer ✔✔School of thought centered on the assumption that there
is no law higher than the laws created by a national government. Laws must be obeyed, even if
they are unjust, to prevent anarchy.
Legal Realism - correct answer ✔✔A school of legal thought of the 1920s and 1930s that
generally advocated a less abstract and more realistic approach to the law, an approach that
takes into account customary practices and the circumstances in which transactions take place.
This school left a lasting imprint on American jurisprudence.
The Historical School - correct answer ✔✔A school of legal thought that emphasizes the
evolutionary process of law and looks to the past to discover what the principles of
contemporary law should be.
Constitutional Law - correct answer ✔✔The body of law derived from the U.S. Constitution and
the constitutions of the various states.
Statutory Law - correct answer ✔✔The body of law enacted by legislative bodies (as opposed to
constitutional law, administrative law, or case law).
Administrative Law - correct answer ✔✔The body of law created by administrative agencies (in
the form of rules, regulations, orders, and decisions) in order to carry out their duties and
responsibilities.
, Common Law - correct answer ✔✔The body of law derived from the U.S. Constitution and the
constitutions of the various states.
Case Law - correct answer ✔✔The rules of law announced in court decisions. Includes the
aggregate of reported cases that interpret judicial precedents, statutes, regulations, and
constitutional provisions.
Precedents/Stare Decisis - correct answer ✔✔Precedents: A court decision that furnishes an
example or authority for deciding subsequent cases involving identical or similar facts. Stare
Decisis: A common law doctrine under which judges are obligated to follow the precedents
established in prior decisions.
Binding Authority - correct answer ✔✔Any source of law that a court must follow when
deciding a case. Includes constitutions, statutes, and regulations that govern the issue being
decided, as well as court decisions that are controlling precedents within the jurisdiction.
Persuasive Authority - correct answer ✔✔In reaching a legal decision a judge may base her
opinion on both persuasive authority or mandatory authority. Persuasive authority consists of
written opinions by lower courts or courts of other jurisdictions that a judge is not obligated to
follow but which may help inform the judge's decision. By contrast, binding authority consists of
statements in the opinions of higher courts that a judge is obligated to follow.
Remedies at law - correct answer ✔✔limited to payments of money or property (including land)
as damages.
Remedies in equity - correct answer ✔✔available only when there is no adequate remedy at
law. A court of equity, could issue a decree for specific performance- an order to perform what
was promised; or they can also issue an injunction, directing a party to do or refrain from doing
a particular act; possibly even a contract rescission (cancellation). Sometimes known as Equity
Relief. Today, actions at law has the right to demand a jury trial, whereas, actions in equity
cannot.
graded A+
Natural Law Tradition - correct answer ✔✔Belief that legal system should reflect universal
(higher) moral and ethical principles that are inherent in human nature. Oldest school of legal
thought
Legal Positivism - correct answer ✔✔School of thought centered on the assumption that there
is no law higher than the laws created by a national government. Laws must be obeyed, even if
they are unjust, to prevent anarchy.
Legal Realism - correct answer ✔✔A school of legal thought of the 1920s and 1930s that
generally advocated a less abstract and more realistic approach to the law, an approach that
takes into account customary practices and the circumstances in which transactions take place.
This school left a lasting imprint on American jurisprudence.
The Historical School - correct answer ✔✔A school of legal thought that emphasizes the
evolutionary process of law and looks to the past to discover what the principles of
contemporary law should be.
Constitutional Law - correct answer ✔✔The body of law derived from the U.S. Constitution and
the constitutions of the various states.
Statutory Law - correct answer ✔✔The body of law enacted by legislative bodies (as opposed to
constitutional law, administrative law, or case law).
Administrative Law - correct answer ✔✔The body of law created by administrative agencies (in
the form of rules, regulations, orders, and decisions) in order to carry out their duties and
responsibilities.
, Common Law - correct answer ✔✔The body of law derived from the U.S. Constitution and the
constitutions of the various states.
Case Law - correct answer ✔✔The rules of law announced in court decisions. Includes the
aggregate of reported cases that interpret judicial precedents, statutes, regulations, and
constitutional provisions.
Precedents/Stare Decisis - correct answer ✔✔Precedents: A court decision that furnishes an
example or authority for deciding subsequent cases involving identical or similar facts. Stare
Decisis: A common law doctrine under which judges are obligated to follow the precedents
established in prior decisions.
Binding Authority - correct answer ✔✔Any source of law that a court must follow when
deciding a case. Includes constitutions, statutes, and regulations that govern the issue being
decided, as well as court decisions that are controlling precedents within the jurisdiction.
Persuasive Authority - correct answer ✔✔In reaching a legal decision a judge may base her
opinion on both persuasive authority or mandatory authority. Persuasive authority consists of
written opinions by lower courts or courts of other jurisdictions that a judge is not obligated to
follow but which may help inform the judge's decision. By contrast, binding authority consists of
statements in the opinions of higher courts that a judge is obligated to follow.
Remedies at law - correct answer ✔✔limited to payments of money or property (including land)
as damages.
Remedies in equity - correct answer ✔✔available only when there is no adequate remedy at
law. A court of equity, could issue a decree for specific performance- an order to perform what
was promised; or they can also issue an injunction, directing a party to do or refrain from doing
a particular act; possibly even a contract rescission (cancellation). Sometimes known as Equity
Relief. Today, actions at law has the right to demand a jury trial, whereas, actions in equity
cannot.
