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BLW 302 Perez Exam 1 Study Guide Solutions

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BLW 302 Perez Exam 1 Study Guide Solutions Two Aspects of Stare Decisis - ANSWER-1. A court should not overturn its own precedents unless there is a compelling reason to do so. 2. Decisions made by a higher court are binding on lower courts. Stands for "Let the Decision Stand" ex. Brown v. Boa...

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  • October 30, 2024
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BLW 302 Perez Exam 1 Study Guide

Solutions


Two Aspects of Stare Decisis - ANSWER✔✔-1. A court should not overturn its own precedents unless

there is a compelling reason to do so.


2. Decisions made by a higher court are binding on lower courts. Stands for "Let the Decision Stand" ex.

Brown v. Board of ED


Substantive Law - ANSWER✔✔-consists of all laws that define, describe, regulate, and create legal rights

and obligations


Procedural law - ANSWER✔✔-consists of all laws that outline the methods of enforcing the rights

established by substantive law. How we go about it


Plaintiff/Petitioner - ANSWER✔✔-the party who initiates a lawsuit


Defendant/Respondent - ANSWER✔✔-the party against whom a lawsuit is brought


appellant (petitioner) - ANSWER✔✔-The party who takes an appeal from one court to another.


Appellee - ANSWER✔✔-the party against whom the appeal is taken


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Damages - ANSWER✔✔-A monetary award sought as a remedy for a breach of contract or a tortious

action.


Statute of Limitations - ANSWER✔✔-A federal or state statute setting the maximum time period during

which a certain action can be brought or certain rights enforced.


Laches - ANSWER✔✔-Equitable equivalent to stature of limitations. Claim must be brought within

"Reasonable Time". These are injuctions and such where money is not good enough


Judge/Justice - ANSWER✔✔-The terms judge and justice are usually synonymous and represent two

designations given to judges in various courts


Opinion - ANSWER✔✔-The court's reasons for its decision, the rules of law that apply, and the judgment.


Unanimous Opinion - ANSWER✔✔-An opinion that represents the view of all the judges who heard a

case


Majority Opinion - ANSWER✔✔-a court opinion reflecting the views of the majority of the judges


concurring opinion - ANSWER✔✔-A court opinion by one or more judges who agree with the majority

opinion but non the legal reasoning behind the opinion. Different legal opinion is important part


Dissenting Opinion - ANSWER✔✔-an opinion by one or more judges who disagree with the majoritys

opinion



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Plurality Opinion - ANSWER✔✔-an opinion that has the support of the largest number of judges, but less

than a majority of them


per curiam opinion - ANSWER✔✔-A unanimous opinion that does not indicate which judge wrote it.


juristiction - ANSWER✔✔-The authority of a court to hear and decide a specific action


In personam jurisdiction - ANSWER✔✔-jurisdiction over the parties to a lawsuit. OVER THE PARTIES


In Rem Jurisdiction - ANSWER✔✔-Court jurisdiction over a defendant's property. OVER THE THINGS like

property


Long-Arm statutes - ANSWER✔✔-Courts use long-arm statutes for nonresident parties based on

activities that took place within the state. Defendant must have minimum contacts. Minimum contacts is

the test, Gucci Case


Corporate Contacts - ANSWER✔✔-Corporations are normally subject to personal jurisdiction in the state

in which they are incorporated, have their principal office, and/or are doing business


Subject Matter Jurisdiction - ANSWER✔✔-authority of a court to decide a particular kind of dispute.

What the case is about


Courts of original jurisdiction - ANSWER✔✔-trial courts that hear cases for the first time and determine

issues of fact and law



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