Chapter 1

Question 1

Constitutional law

Answer 1

Law expressed in US and state constitutions. U.S. Constitution is the supreme law of the land according to article VI of the U.S. Const. As such is the basis of all law in the US

Question 2

Laws enacted by legislative body’s at any level of government, make up what is known as

Answer 2

Statutory Law

Question 3

Ordinances

Answer 3

Also included under statutory law, statutes passed by municipal or county governing units to govern matters not covered by federal or state law

Question 4

NCCUSL

Answer 4

National conference of commissioners on uniform state laws

Question 5

Uniform laws

Answer 5

A model law created by the NCCUSL and the American law institute for the states to consider adopting. If the state adopts the law it becomes statutory law for the state. Each state has option of adopting or rejecting all or part of a uniform law

Question 6

Administrative law

Answer 6

Rules orders and decisions of administrative agencies

Question 7

A federal, state or local government agency established to preform a specific function. Dictate a businesses capital structure and financing, it’s hiring and firing procedures, it relations with employees and unions, and the way it manufactures and markets its products

Answer 7

Administrative agencies

Question 8

Agencies that are subject to the authority of the president who has the power to appoint and remove their officers. Ex: food and drug administration

Answer 8

Executive agencies

Question 9

Independent regulatory agencies

Answer 9

Federal trade commission, securities and exchange commission, and Federal Communications Commission. Presidents power is less pronounced in independent agencies who’s officers serve for fixed terms

Question 10

Case law

Answer 10

Body of judge made law, the rules announced in court decisions. Rules include interpretations of constitutional provisions of statutes enacted by legislature and of regulations created by administrative agencies governs all areas not covered by statutory law, administrative law and is part of common law tradition

Question 11

Common law

Answer 11

A body of general rules that applied throughout the entire English realm. Eventually common law tradition became part of the U.S. Tradition

Question 12

Remedy at law

Answer 12

Today remedy at law normally takes the form of monetary damages 
Originally it was
Land
Items of value
Money

Question 13

Remedies in equity

Answer 13

Specific performance
Injunction
Rescission

Question 14

Specific performance

Answer 14

Ordering a party to preform an agreement as promised

Question 15

Injunction

Answer 15

An order to a party to cease engaging in a specific activity or to undo some wrong or injury

Question 16

Rescission

Answer 16

The cancellation of a contractual agreement

Question 17

Propositions or general statements of equitable rules

Answer 17

Equitable maxims

Question 18

Equitable doctrine of laches ( last equitable maxim )

Answer 18

Equity aids the vigilant not those who rest on their rights. Laches- derived from Laxus, meaning “ lax” or “ negligent” can be used as a defense

Question 19

Time periods for different types of cases are now usually fixed by

Answer 19

Statutes of limitations

Question 20

A part has the right to demand a jury trial in an action in —– but not in an action in —-

Answer 20

Can deman jury trail in an action at law but not in an action in equity

Question 21

A decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts

Answer 21

Precedent

Question 22

Cases are published in volumes called —-

Answer 22

Reporters

Question 23

“To stand on decided cases” judges are obligated to fallow the precedents established within their jurisdictions.

Answer 23

Stare decisis

Question 24

Any source of law that a court must fallow when deciding a case

Answer 24

A binding authority

Question 25

In deciding cases of first impression, courts often look at ———- for guidance. (Precedents from other jurisdictions)

Answer 25

Persuasive authorities

Question 26

Judges harmonize their decisions with those that have been made before, as the doctrine of stare decisis requires. This process is known as ——–

Answer 26

Legal reasoning

Question 27

Tort

Answer 27

A civil wrong not arising from breach of contact. A breach of a legal duty that proximately causes harm or injury to another.

Question 28

Jurisprudence

Answer 28

The science or philosophy of law

Question 29

The belief that government and the legal system should reflect universal moral and ethical principles that are inherent in human nature. This law school is the oldest and one of the most significant schools of legal thought.

Answer 29

Natural law

Question 30

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

Answer 30

Negligence

Question 31

A school of legal thought based on the assumption that their is no law higher than the laws created by a national government. Laws must be obeyed even if they are unjust to prevent anarchy.

Answer 31

Legal positivism

Question 32

School of legal though popular in 1920’s and 30’s take into account the circumstances in which transactions take place. This school of thought left a lasting impression on American jurisprudence

Answer 32

Legal realism

Question 33

A school of legal thought that emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should be.

Answer 33

Historical school

Question 34

A school of legal thought that looks at the law as a tool to promote justice in society

Answer 34

Sociological school

Question 35

Law that defines the rights and duties of individuals with respect to each other as opposed to procedural law which defines the manner in which these rights and duties may be enforced

Answer 35

Substantive law

Question 36

Rules that define the manner in which the rights and duties of individuals may be enforced

Answer 36

Procedural law

Question 37

The branch of law dealing with the definition and enforcement of all private or public rights as opposed to criminal matters

Answer 37

Civil law

Question 38

Law that defines and governs actions that constitute crimes. Wrongful actions committed against society for which societal demands redress

Answer 38

Criminal law

Question 39

An informal term used to describe all laws governing electronic communications and transactions, particularly those conducted via the Internet

Answer 39

Cyber law

Question 40

A reference to a publication in which a legal authority such as a statute or a court decision or other source can be found

Answer 40

Citation

Question 41

4 primary sources of law.

Answer 41

constitutions- federal and state
Statutory- congress state and local
Regulations- created by administrative agencies
Case Law and common law doctrines

Question 42

Under what circumstances might a judge rely on case law to determine the intent and purpose of a statute?

Answer 42

When a particular area is not covered by statutory or administrative law ?

Question 43

A federal statue conflicts with the U.S. Constitution. Which sources or law takes priority

Answer 43

uS constitution