BLAW 310 GET IT RIGHT COMPREHENSIVE
QUESTIONS AND VERFIFIED ANSWERS EXAM
PRACTICE GRADE A+ 2024 UPDATE
what are rights
legally enforceable claim against another granted by a statute, court decision or custom.
there is often interplay between rights and duties
what is rule of law
All people and institutions are subject to and accountable to the binding authority of the
law and that it is fairly applied and enforced; a government by law
what happens if rule of law breaks down
Society experiences anarchy
ex. no-go zones, unsafe streets, smash and grabs
what is the due process of law
cannot go to jail or be punished until you have had a trial
innocent until proven guilty
person must know why they are being sued or what crimes they are being accused of
ignorance of the law is not a valid defense
what is a law
A body of enforceable rules governing relationships among and between individuals and
their society
what is liability
the state of being legally responsible for something such as debt or obligation, or falling
short of a legal duty or standard of care society and the law imposes on individuals,
businesses, and government officials
what are breaches
failure to perform a legal obligation
does being sued equal being held liable
no
what are privileges
right the nature of a debt gives a creditor entitling the creditor to be preferred before
other creditors. protects creditor in case of debtors fault
what are duties
mandatory legal obligations; a particular societal standard of conduct that people owe to
each other
can governments be held liable?
yes, if they have failed a duty
can privileges be taken away
yes laws can take away privileges
,there needs to be _________________ between the act that caused harm to the
plaintiff and defendant being sued such that society will allow the imposition of
legal responsibility/ liability
legitimate causal connection
why do people settle when being sued?
When you settle you do not admit liability
what is the two tiered justice system
favored groups of people are not persecuted while unfavored are even though both
committed the similar criminal acts
access to the legal system can sometimes result in two-tier justice where the
economically advantaged and politically connected have access but those at a
disadvantage don't
Legal system is divided into
federal, state, and local
what are primary sources of American law
Constitutional Law, Statutory Law, Administrative Law, case law and Uniform law
what is constitutional law
The body of law derived from the U.S. Constitution and the constitutions of the various
states.
the U.S. constitution is the supreme law of the land
What are statutory laws
laws enacted by legislative bodies at any level of government also includes local
ordinances
what is administrative law
laws created by administrative agencies that pass regulations
what are uniform laws
A model law developed by the National Conference of Commissioners on Uniform State
Laws for the states to consider enacting into statute.
some examples
UCC - Facilitates commerce among states where laws may vary
UETA- gives legal authority to electronically singed documents
What is case law?
The rules of law announced in court decisions. Case law interprets statutes, regulations,
constitutional provisions, and other case law.
What is common law?
The body of law developed from custom or judicial decisions in English and U.S. courts,
not attributable to a legislature.
what is precedent
A court decision that furnishes an example or authority for deciding subsequent cases
involving identical or similar legal principles or facts.
what is judicial review
the process by which a court decides on the constitutionality of legislative enactments
and actions of the executive branch and regulatory authorities
, can any court rule on the constitutionality of a law
yes
precedent is rooted in _______________
The common law system
what are the two remedies
courts at law= money and damages
courts of equity= grants remedies other than monetary damage
what is stare decisis
(precedent) A court decision that furnishes an example
what does stare decisis or precedent provide society
stability
predictability
What is a remedy?
The relief given to an innocent party to enforce a right or compensate for the violation of
a right.
what is the problem with no cash bail
allows criminals to be released without consequences
breakdown of rule of law
why are there time limits to seek remedy
statutes of limitations
evidence is fresher
don't want it hanging over your head
how long do you have to bring a lawsuit in Louisiana
1 year
can courts deviate from precedent
only if a court decides that a precedent is simply incorrect or that technological or social
changes have rendered the precedent inapplicable, the court may rule contrary to the
precedent
what are some examples of departure from precedent
brown v. board of education 9-0
Dobbs v. Jackson Women's health 5-4
(overturning of roe v. wade)
What is civil law?
the enforcement of private or public rights person to person (corporations are legal
persons) and person to government
what is the difference between common and civil law
what is criminal law
wrongs against society
punishment of a criminal who properly convicted in accordance w/ substantive and
procedural criminal law according to due process
society enforces through persecutors- U.S. attorney- fed or district attorney (state)
what is the burden of proof of in a criminal case
beyond a reasonable doubt
what is the burden of proof in a civil law case
<50% +1
what is substantive law
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