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BLAW EXAM 1 QUESTIONS AND ANSWERS (Chapters 1-4)
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BLAW EXAM 1 QUESTIONS AND ANSWERS (Chapters 1-4)
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BLAW EXAM 1 (Chapters 1-4)Constitutional Law - Answer -Both Federal and State
Statutory Law - Answer -Federal, State, Ordinances, Uniform Commercial code
Administrative Law - Answer -Federal Agencies and State+Local Agencies
Federal Constitution - Answer --Supreme law of the land.
-Every state has their own constitution as well
Supreme Court - Answer --9 Justices
-only need 5/9 votes to rule
Case Law - Answer -Case Law governs all areas of law not covered by statutory or administrative law
Negligence - Answer -Breach your duty to something/ someone
Early English Courts - Answer -American Law is based largely on English Common Law which was based
largely on traditions, social customs, rules, and cases dating back to 1066 A.D.
, Stare Decisis (to stand on decided cases) - Answer -Judge-made law.
Remedy - Answer --means given to a party to enforce a right or compensate for the violation of the
right.
-Courts have the power to award monetary damages (compensate for loss)
Equitable Remedies - Answer --Specific Performance
-Injunctions
-Recissions
-Beyond Law; looks at notions of fairness and justice
Injunction - Answer -court order to prohibit someone or something to perform a certain act
Specific Performance - Answer -Order someone to follow through a contractual obligation
Natural Law School - Answer --believe a higher or universal law exists that applies to all humanity, and
all written laws should imitate these principles.
-Laws contrary to natural law are "unjust" and need not be obeyed
Legal Positivism - Answer --Law is the supreme will of the State and must be abided.
-Law, and therefore rights and ethics, are not universal. Whether a law is "good" or "bad" is irrelevant.
-No matter where you're from, you must obey the written law of the land you are in.
Legal Realism - Answer --Law is not simply the written law, but a product of the views of judicial decision
makers, as well as social, economic, and contextual influences.
-Takes all factors into account to make a decision
Classifications of Law - Answer -Laws will be either:
-Substantive or Procedural
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