Chapter 2 – Fundamentals of Law

Question 1

The phrase “let the former decision stand” translates to _______.

Answer 1

stare decisis

Question 2

What is the law that deals with disputes between two or more individuals referred to as?

Answer 2

Private law

Question 3

What is the law that regulates disputes between individuals and the state referred to as?

Answer 3

Public law

Question 4

The system of law made up of principles and rules of action, based upon the ancient customs and usages of the people of a nation which have been recognized, affirmed, or enforced by the courts is referred to as the ___________.

Answer 4

common law

Question 5

In the common law, the term “equity” is best described as ____________.

Answer 5

the concept of justice being administered by the Courts according to fairness, as contrasted with the strictly formulated rules of common law. In law, the term “equity” denotes the spirit and habit of fairness, justice, and right dealing which would regulate interaction of person with person.

Question 6

What does the principle of stare decisis entail?

Answer 6

To abide by prior decisions and not to disturb the doctrine of the courts that, when the court has once laid down a principle of law applicable to a certain state of facts, it will adhere to that principle, and apply it to all future cases where the facts are substantially the same, regardless of whether the parties and property are the same.

Question 7

When a court orders that the terms of the contract be carried out by the parties, rather than granting damages, it is referred to as ________.

Answer 7

specific performance

Question 8

Execution can be described as __________.

Answer 8

the process of commencing proceedings to collect an amount owing by reason of judgment

Question 9

In the context of public law, the term “public” may refer to what three scenarios?

Answer 9

(1) General, applying to all persons within the jurisdiction;
(2) local, applying to a geographical area;
(3) special, relating to an organization or authority charged with a public interest.

Question 10

The first step in filing an appeal from the Small Claims Court is to __________.

Answer 10

appear before a judge to argue that there are legal or factual errors in the trial judge’s order