Statutory Interpretation Rules: - ️️-Examine Legislative History
-Utilize Rules of Construction
-Plain Meaning Rule
-Lex Specialis Derogat Legi Generali
Courts of Equity - ️️Issues decrees/injunctions to provide relief where monetary
judgements were inadequate; utilized general legal p...
FSU BUL 3310 Exam 1 Marzen
Statutory Interpretation Rules: - ✔️✔️-Examine Legislative History
-Utilize Rules of Construction
-Plain Meaning Rule
-Lex Specialis Derogat Legi Generali
Courts of Equity - ✔️✔️Issues decrees/injunctions to provide relief where monetary
judgements were inadequate; utilized general legal principles (maxims) to guide
decisionmaking. Equitable remedies include those such as specific performance (a
court ordering performance) of a contract.
Three types of Law - ✔️✔️Legislative laws, judicial pronouncements, procedural law
Legislative Law - ✔️✔️laws, including federal and state constitutions, that have been
passed by legislative bodies
Judicial Pronouncements - ✔️✔️Legal statements made by courts. Based on statutory
interpretation or common law.
Procedural Law(type of law) - ✔️✔️Rules of evidence and legal/court procedure
Public Law - ✔️✔️Bodies of law that affect the public generally (Constitutional,
Administrative, Criminal Laws)
Private Law - ✔️✔️Law that pertains to the relationships between individuals in an
organized society (contracts, torts, property)
Criminal Law - ✔️✔️Applies to acts that society deems so harmful to the public welfare
that government is responsible for prosecuting and punishing the perpetrators
Civil Law(Classification) - ✔️✔️Classification of law that applies to legal matters not
governed by criminal law and that protect rights and provide remedies for breaches of
duties owed to others.
Substantive Law - ✔️✔️A classification of law that creates, defines, and regulates
parties' rights, duties, and powers.
Law - ✔️✔️enforceable rules governing relationships among individuals and between
individuals and their society
, Procedural Law (classification) - ✔️✔️A classification of law that prescribes the steps,
or processes, for enforcing the rights and duties defined by substantive law
Sources of Law - ✔️✔️-Constitutions
-Legislation
-Judicial decisions
-Administrative law
-Equity and Equitable Principles
Common Law - ✔️✔️Body of law derived from court decisions as opposed to statues or
constitutions
US Legal System has what kind of foundation? - ✔️✔️Common law foundation; the
written laws passed by congress and legislatures, and the decisions of court cases
Civil Law (Source of Law) - ✔️✔️Codes of written laws, or statutes, apply primarily to
all legal questions.
Hierarchy of Laws - ✔️✔️Federal law trumps state law. U.S. Constitution is highest;
then federal statutes; then state constitutions; then state laws.
US and State Constitutions - ✔️✔️the basis of the legal system. they represent
supreme law (supremacy clause)
Constitutions - ✔️✔️Define the powers and functions of the branches of government
Federal Laws can or cannot violate the US Constitution? - ✔️✔️CANNOT
All state laws must conform to the US constitution as well as ___? - ✔️✔️The state
constitution
Doctrine of Separation of Powers - ✔️✔️Legislative, executive, and judicial branches of
government function independently of one another and each branch serves as a check
on the other
Doctrine of Judicial Review - ✔️✔️conferred the power on the courts to declare laws
and executive actions unconstitutional
Legislation - ✔️✔️Creates most laws
Legislative Bodies - ✔️✔️U.S. Congress, State Legislature, City Councils, etc
Statute - ✔️✔️a law passed by the U.S. Congress or a state legislature
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