BLAW Exam 1 Questions and Answers 2024
Substantive Law
states rights and duties of persons and entities.
Procedural Law
procedural law describes means for applying substantive law by the courts including where cases should be filed, what evidence will be admissible and whether a jury will...
Substantive Law - answer states rights and duties of persons and entities.
Procedural Law - answer procedural law describes means for applying substantive
law by the courts including where cases should be filed, what evidence will be
admissible and whether a jury will hear a case as well as grounds for appeal.
Written Enactment - answer is law created by federal, state and local legislative
entities
Common Law - answer is law created and applied by appellate courts by judges
appointed (federal) and elected (many states) by voters. Common law is created and
modified by appellate courts in response to disputes where no written enactment exists
for resolving the disputes.
Civil Law - answer Describes the rights and duties of individuals and enterprises as
well as governmental entities
How is Civil Law created? - answer results from written enactment by legislative
action as well as common law created by appellate courts.
Who may enforce Civil Law? - answer Individuals and entities can bring claims
Crimes - answer are acts against society
Who creates criminal law? - answer No crime exists except as stated in written
enactment enacted by a legislative entity.
Crimes are classifed as - answer misdemeanors and felonies
Felonies - answer punishable by more than a year in prison
Misdemeanor - answer punishable up to a year in county jail
Who may bring governmental action? - answer Only a governmental entity
Trial Courts - answer find facts and apply law created
Appellate courts - answer review application of law to the facts as found by a trial
court and create or interpret law as necessary in order to reach a decision.
, What usually occurs if an appellate court requires facts in addition to those found by a
trial court in order to render a decision in a case on appeal? - answer the appellate
court will usually remand the case back to the trial court with instructions for fact finding.
Obtaining review in the U.S Supreme Court - answer Review by writ of certiorari is at
the discretion of the court. The vote of four justices is required to grant the writ although
nine justices sit on the court.
Doctrine of Stare Decisis - answer influences decision making by the courts.
Facilitates predictability, consistency and uniformity in the law. (precedent) Applicable in
applying and interpreting written enactment as well as in applying and creating common
law.
State Courts - answer apply state law and federal law except where federal law
prohibits
Federal Courts - answer federal courts apply State and Federal Law
Which State's law is applicable where plaintiff and defendant operate businesses or
reside in different states? - answer Conflict of Laws. Generally the Law of the state
that has the most significant relationship to the controversy will be applicable.
Which State's courts can be used? - answer Long Arm Statutes. Plaintiff who has a
claim against a defendant residing or doing business in another state to file in a court in
the state where the plaintiff resides.
Compensatory Damages - answer include general and specific damages.
Consequential Damages - answer are anticipated or predictable losses that result
not directly, but indirectly from events such as a breach of contract.
Liquidated Damages - answer are damages parties agree to pay in the event of a
dispute. Such provisions are often inserted in contracts.
Punitive Damages - answer are punishment damages usually awarded by a jury for
the purpose of punishing and deterring reckless, malicious or fraudulent conduct-usually
defined by tort law.
Equitable Damages - answer Injunctions, Specific Performance, Reformation of
Contract, Rescission of Contract.
Injunctions - answer are orders not do specified acts or to engage in certain conduct.
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