Chapter 1 Law

Question 1

Case Law Definition

Answer 1

What the courts have agreed upon

Question 2

Administrative Laws

Answer 2

Regulations

Question 3

Sources of Law Definition

Answer 3

Where law comes from

Question 4

Primary Source of Law

Answer 4

Constitutions, statutes and regulations

Question 5

Dissenting Opinion

Answer 5

Someone who disagrees with the majority opinion

Question 6

Summary Judgement

Answer 6

A court ordered ruling where all causes of action can be decided upon certain facts without a trial

Question 7

What are the 2 basis on which courts grant remedy

Answer 7

Money

Injunction

Question 8

Trial Court

Answer 8

Where evidence is presented and testimony given

Question 9

What are two other names for case law?

Answer 9

Common Law

Judicial Law

Question 10

United States Code

Answer 10

Compilation of all the laws and books for the federal government

Question 11

Plantiff

Answer 11

Is a person who sues

Question 12

Defendant

Answer 12

Person being sued

Question 13

In the U.S what kind of governments use a Constitution?

Answer 13

Federal

State

Question 14

Federal Register

Answer 14

Rules and regulations that are published daily for federal agencies

Question 15

Manga Carta

Answer 15

split in power (King does not have all power anymore)

Question 16

Constitution Definition

Answer 16

A governing document

Question 17

What is an example of a precedent?

Answer 17

Ruled in 1800 that the owner of the horse and bugee was responsible

Question 18

Citation

Answer 18

Reference to a law or a case

Question 19

What are the 2 origins of law?

Answer 19

Religious Tradition

England and U.K.

Question 20

In the U.S what kind of governments use common law?

Answer 20

Federal

State

Question 21

Deposition

Answer 21

The process of giving sworn evidence

Question 22

What is an example of stare decisis

Answer 22

In 2000 the court ruled the driver who hit the person with the car was responsible
- used the ruling in the 1800 horse and bugee case to make decision

Question 23

What are two aspects of stare decisis?

Answer 23

Always follows the precedent and will never overturn a decision
- decisions made by a higher court has authority over lower court

Question 24

Concurring Opinion

Answer 24

Agreeing with majority opinion but not the legal reasoning behind it

Question 25

In the U.S what kind of governments uses statutes?

Answer 25

Federal
State
Local

Question 26

Binding Authority

Answer 26

Any source of law must follow a deciding case (precedent)

Question 27

Persuasive Authority

Answer 27

Any source of law that a court can look to for guidance but is not mandatory to use it in a decision

Question 28

Secondary Sources of Law

Answer 28

Summarize and clarify the primary sources of law

Question 29

What are the 2 types of courts where you will find case law?

Answer 29

Federal

State

Question 30

1800 someone gets hit by a horse and buggy, the ruling is that the person hit wins the case for a traffic violation

In 2000 someone gets hit by car and the ruling remains the same that the person hit by the car wins.

What is the binding authority in this situation?

Answer 30

The binding authority in this situation is the case in the 1800s

Question 31

What are the 2 types of state courts?

Answer 31

Trial court

Appellate court

Question 32

What is an example of cross claims?

Answer 32

Niagara suing Calspan

Calspan suing Zodiac

Question 33

Tort-feasor

Answer 33

Someone who commits a wrong doing

Question 34

What are the 4 sources of Law?

Answer 34

Constitution
Statutes
Case Law
Administrative Law

Question 35

Precedent

Answer 35

Very first law that is made

Question 36

Statutes Definition

Answer 36

Laws

Question 37

Cross Claims

Answer 37

A claim brought by one defendant against another defendant in the same case

Question 38

Stare Decisis

Answer 38

The process of following precedents