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LSB 3213 Exam 1 Okstate Questions and
Correct Answers the Latest Update and
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Constitutional Law
✓ Supreme law that is the trump card. Federal government and the states have separate
written constitutions that set forth the general organization, powers, and limits of the
respective governments. Law as expressed in these constitutions. If a law violates a
provision of the constitution, it will be declared unconstitutional.
Statutory Law
✓ created & passed by legislative bodies that have been elected (also includes local
ordinances). A federal statute applies to all states, but a states statute only applies within
states borders.
Regulations & Rules (Administrative Law)
✓ Created by government agencies who are appointed (ex. FDA., water safety) held in
lower regard than statutes. Rules, orders, and decisions of federal, state, and local
administrative agencies.
Common (Case) Law
✓ created when litigants have an issue they bring to the court, applied to certain situations.
These are not static, they can be revised. Judge made law.
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✓ wrongs committed against society as a whole. prosecuted by public officials on behalf of
the public as a whole, not just the victim. Only in criminal law will defendant ever face the
possibility of imprisonment. Plaintiff is an authority.
Civil Law
✓ relates to issues between persons or between persons and their government when relief is
sought for violation of personal rights. Only monetary damages or equitable remedies
are awarded.
Stare Decisis
✓ "to stand on decided cases" requires judges to follow precedent established in their
jurisdictions (court has to follow its own rules). Judges must follow the decisions in their
own jurisdiction, they should not overturn their own precedents unless compelling reason,
judges in lower courts must follow decisions from higher, decisions from courts outside a
judge's jurisdiction do not have to be followed.
Plaintiff (or petitioner)
✓ party initiating the lawsuit
Defendant (or respondent)
✓ the party against whom a lawsuit is brought. (lawsuits frequently involve more than one
plaintiff and/ or defendant.)
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