Exam 1: Chapters 1, 3, & 21

Question 1

What is the primary purpose of Legal Reasoning?

Answer 1

The primary purpose of Legal Reasoning is to achieve a greater understanding of an issue, which is considered a purer and nobler purpose than merely constructing a stronger argument or engaging in debate.

Question 2

How does Abductive Reasoning differ from Legal Reasoning?

Answer 2

Abductive Reasoning utilizes commonly accepted facts or truths as reliable bases for constructing a position in debate, focusing on argumentation, while Legal Reasoning seeks to deepen understanding of an issue rather than just strengthen an argument.

Question 3

What is Common Law (Old English Common Law?

Answer 3

Common Law refers to doctrines and theories that are commonly accepted and can be traced back to centuries ago in England. Examples include legal cases like a meteorite that fell on a farmer’s property in England or pizza ovens installed as fixtures in a pizzeria in the U.S.

Question 4

What does Constitutional Law encompass?

Answer 4

Constitutional Law includes not only the U.S. Constitution but also the constitutions of the fifty states, amendments to both federal and state constitutions, and case law (judicial opinions) that interpret the meaning of constitutional provisions.

Question 5

What is Statutory Law?

Answer 5

Statutory Law is the law created by legislatures (such as Congress or state lawmakers)

Question 6

What is Case Law?

Answer 6

Case Law is created by courts. It happens when courts:

Use common law to make decisions
Explain constitutional rules
Explain the meaning of laws
Use past decisions (precedent) to make rulings

Question 7

What is not considered “Law” in Case Law?

Answer 7

The “Restatement of Law” is not law. It’s a guide that explains or clarifies different areas of law, like Criminal Law or Contracts.

Question 8

What is Administrative Law (Rules and Regulations)?

Answer 8

Administrative Law refers to the rules and regulations made by government agencies at the federal, state, and local levels. These agencies are responsible for enforcing and interpreting laws.

Question 9

What are the key components of an Administrative Agency?

Answer 9

Creation: Legislative (made by lawmakers)
Management: Executive (managed by government officials)
Checks: Judicial (courts can review and control agency actions)

Question 10

What is International Law?

Answer 10

International Law governs relationships between countries, but it can be controversial because of differing laws and interests between nations.

Question 11

What is the Doctrine of Stare Decisis (Precedent)?

Answer 11

Stare Decisis means that courts follow prior decisions (precedents). A precedent is a previous court decision made by a higher court in the same jurisdiction that guides future rulings.

Question 12

What is “Binding Authority” or “Controlling Authority”?

Answer 12

“Binding Authority” refers to laws or decisions that must be followed, such as constitutions, statutes, and administrative rules and regulations.

Question 13

What is “Non-binding Authority” or “Persuasive Authority”?

Answer 13

“Non-binding Authority” refers to sources that are not required to be followed but can influence decisions, such as legislative histories, treatises, and restatements.

Question 14

What is a “Case On Point”?

Answer 14

A “Case On Point” is a previous court case that deals with a similar legal issue or set of facts as the current case. This case helps guide the court’s decision because it directly applies to the issue being decided now.

Note: Attorneys must tell the court about any relevant case that might hurt their argument, even if it’s not in their favor. This is called the duty to disclose adverse authority.

Question 15

What is a “Case of First Impression”?

Answer 15

A “Case of First Impression” is a legal issue that has never been decided before, meaning there is no precedent.

Question 16

What is “Legal Maneuvering” in court?

Answer 16

Legal Maneuvering involves strategies to get a court to disregard precedent. One method is to distinguish your case from a similar one that seems to set precedent.

Question 17

What is “Dicta”?

Answer 17

“Dicta” refers to statements made by a judge that are not essential to the decision and do not carry binding authority.

Question 18

What is a Material (Relevant) Fact as opposed to an Immaterial (Irrelevant) Fact?

Answer 18

Material (Relevant) Fact: A fact that directly affects the outcome of the case. It is important and helps to prove a party’s argument.

Immaterial (Irrelevant) Fact: A fact that does not have any significant impact on the case’s outcome and doesn’t affect the legal decision.

Question 19

What are Substantive Facts and Procedural Facts?

Answer 19

Substantive Facts: These are facts that relate to the actual events or issues in the case (e.g., what happened during an accident). They are central to the legal arguments and the decision.

Procedural Facts: These relate to how the case is handled in the legal system (e.g., how the case was filed, what motions were made). They don’t affect the actual issue at hand but help with the process.

Question 20

What are the Benefits of Stare Decisis?

Answer 20

Legal Stability: Stare Decisis promotes consistency by following past decisions, making the law more stable.

Predictability: It allows people to predict how courts will likely rule in similar cases, which helps everyone understand the law better.

Question 21

What are the main Schools of Thought in law?

Answer 21

1. Natural Law School: Believes that law should be based on moral principles inherent in human nature, and that laws should reflect universal moral standards.
2. Positivist School: Argues that law is made by humans and is separate from morality. The law is what the government says it is, and it must be obeyed as written.
3. Historical School: Focuses on the idea that law evolves over time and is shaped by a society’s customs, history, and traditions.
4. Legal Realism: Suggests that law is influenced by social, economic, and contextual factors, and that judges’ personal biases may affect their decisions.
5. Identification with the Vulnerable: Advocates for laws that protect and promote the interests of vulnerable groups in society, such as minorities and the disadvantaged.
6. Cost-Benefit Analysis: Focuses on evaluating laws and policies by weighing their benefits against their costs to determine the best outcome for society.

Question 22

What are the main classifications of law?

Answer 22

Criminal Law: Involves offenses against society, where the government prosecutes someone for breaking the law (e.g., theft, assault).

Civil Law: Deals with offenses against a person or entity, where the victim seeks compensation or remedies (e.g., contracts, personal injury).

Note: There are only two main classifications: Criminal and Civil Law.

Question 23

Is Cyberlaw a classification of law?

Answer 23

No, Cyberlaw isn’t a separate classification of law. It falls under existing categories like criminal or civil law, depending on the issue.

Question 24

Is Private Law vs. Public Law a separate classification?

Answer 24

No, these are not separate classifications.

Private Law: Involves legal matters between two private parties (e.g., contract disputes).

Public Law: Involves the government as at least one party (e.g., criminal law, constitutional law).

Question 25

What is the Burden of Proof in Civil Law?

Answer 25

In Civil Law, the burden of proof is “By a Preponderance of the Evidence”. This means the evidence shows that something is more likely true than not, generally over 50%.

Question 26

What is the Burden of Proof in Criminal Law?

Answer 26

In Criminal Law, the burden of proof is “Beyond a Reasonable Doubt”. This means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime (never about percentages).

Question 27

What are some examples of Civil Law cases?

Answer 27

Examples include:

Torts: Legal wrongs like personal injury or defamation.

Contracts: Disputes about agreements, like breach of contract.

Question 28

What is the meaning of Clear and Convincing Evidence?

Answer 28

Clear and Convincing Evidence is a high standard of proof, meaning the evidence strongly shows something is true, almost to a near certainty.

Question 29

What is the difference between Substantial Evidence, some Credible Evidence, and Any Evidence?

Answer 29

Substantial Evidence: Enough evidence to support a reasonable conclusion, it’s more than just a small amount.

Some Credible Evidence: Slightly less than substantial, but still believable and worthy of consideration.

Any Evidence: The lowest standard, meaning even the smallest amount of evidence can be enough to support a claim or decision.

Question 30

What is the difference between Probable Cause and Reasonable Suspicion?

Answer 30

Probable Cause: A stronger belief that a crime has been committed, based on facts or evidence. It’s needed to make an arrest or search.

Reasonable Suspicion: A belief that something may be wrong, but not strong enough to justify an arrest or search.

Question 31

What does Reason to Believe mean in legal terms?

Answer 31

Reason to Believe means having a solid basis or facts that support a belief that something is true.

Question 32

What are Reasonable Indications?

Answer 32

Reasonable Indications are facts or signs that suggest something may be true, but without full proof.

Question 33

What was the Common Law Tradition regarding courts in early England?

Answer 33

Early English courts had a bifurcated system, meaning they were split into:

Courts of Law, which followed strict legal rules.

Courts of Equity, which provided fair solutions when the law was too rigid.

Question 34

What is the difference between Law and Equity?

Answer 34

Law: Courts are bound by legal rules and focus on “What Is Just.”

Equity: Courts have more flexibility to create fair solutions and focus on “What Is Fair.”

Question 35

What is the Threshold Requirement for receiving an equitable remedy?

Answer 35

A person must show that they have no adequate remedy at law, meaning money damages alone are not enough to fix the problem.

Question 36

What is considered a legal remedy in court?

Answer 36

The most common legal remedy is money damages, which compensate for harm done.

Question 37

What are Equitable Maxims, and why are they important?

Answer 37

Equitable Maxims are fundamental principles that guide how equity works. They serve as guardrails to ensure fairness when courts provide equitable remedies.

Question 38

What is the Doctrine of Unclean Hands?

Answer 38

If you ask the court for fairness (equity), you must have acted fairly yourself. In other words, “If you seek equity, you must do equity.”

Question 39

What does the Balance of Equities principle mean?

Answer 39

If both sides have equal claims to fairness, the court will follow the Law instead of applying equity.

Question 40

How does equity treat those who delay taking action?

Answer 40

Equity rewards the vigilant, not those who sit on their rights. If you wait too long, you may lose your chance for an equitable remedy.

Question 41

How does equity’s approach to timing compare to the law?

Answer 41

Equity considers whether you acted promptly, rewarding those who take timely action. If you delay without a good reason, you may lose your right to an equitable remedy.

In contrast, the law follows strict Statutes of Limitations, meaning if you miss the deadline, you lose the right to sue—no exceptions.

Question 42

What does “Inequity Will Not Go Unanswered” mean?

Answer 42

Equity ensures that no one suffers a wrong without a remedy. If the law can’t provide a solution, equity steps in to offer fairness.

Question 43

What is the Expansive View of Jurisdiction in equity?

Answer 43

Equity courts act when all involved parties are present to avoid multiple lawsuits and resolve the entire matter efficiently.

Question 44

What does “Substance, Not Form” mean in equity?

Answer 44

Equity focuses on the fairness of a situation, rather than just following strict legal procedures or technicalities.

Question 45

What is Injunctive Relief?

Answer 45

A court order requiring someone to do or stop doing something.

Negative Injunction: Stops an action (e.g., “get rid of the cars”).
Positive Injunction: Requires an action (e.g., “build a fence”).

Question 46

What is Declaratory Relief/Declaratory Judgment?

Answer 46

A court decision that clarifies legal rights and obligations without ordering action or awarding damages.

Question 47

What is Specific Performance, and when is it used?

Answer 47

A court order requiring a party to fulfill a contract when money damages aren’t enough, usually for unique items like:

Real Estate (e.g., the famous Lucy v. Zehmer case).
One-of-a-Kind Items (antiques, artwork).
Collectibles (coins, stamps, baseball cards).

Question 48

What is Rescission, and when is it used?

Answer 48

Rescission cancels a contract or transaction, returning parties to their original state. It applies to:

Contracts (e.g., fraud or misrepresentation).
Public Real Estate Title Records (e.g., mistakes in ownership records).

Question 49

What is Reformation, and when is it used?

Answer 49

Reformation corrects mistakes in a written contract or record to reflect the true agreement. It applies to:

Contracts (fixing errors in terms).
Public Real Estate Title Records, such as subrogation of liens (correcting lienholder priority).

Question 50

What are Accounting, Constructive Trust, and Equitable Lien, and who typically requests them?

Answer 50

These remedies ensure fairness in financial matters and are often requested by:

Business partners (to settle disputes over profits).
Secured lenders (to recover property or funds).

Question 51

What is Estoppel, and what is an example?

Answer 51

Estoppel prevents a party from contradicting a previous statement or action if others relied on it.

Example: Promissory Estoppel – If someone relied on a promise, the promisor can’t deny it later.

Question 52

Q: What is the Appointment of a Receiver or Conservator, and who requests it?

Answer 52

A court appoints a neutral third party to manage assets, often requested by secured lenders to protect property during legal disputes.

Question 53

What is Interpleader, and why is it used?

Answer 53

Interpleader allows a neutral third party (like a bank) to ask the court to decide who among multiple claimants should receive disputed funds or property.

Question 54

What are the Basic Steps in Legal Reasoning?

Answer 54

Issue – Identify the legal question or problem. (What is the dispute?)
Rule – Determine the relevant law or legal principle. (What law applies?)
Application – Apply the law to the facts of the case. (How does the law fit the situation?)
Conclusion – Reach a final decision or outcome. (What’s the result?)

Question 55

What are the key steps to briefing a case?

Answer 55

Citation – Identify the case name, court, and year.
Facts – Summarize key facts relevant to the case.
Issue – State the legal question the court must answer.
Decision – Explain the court’s ruling (who won?).
Reason – Outline the court’s reasoning behind the decision.

Question 56

What are the categories in a Case Brief?

Answer 56

Facts – Key details of the case (what happened?).
Issue – The legal question or problem.
Reasoning – How the court applied the law to the facts.
Decision and Remedy – The court’s ruling and any legal relief granted.
Significance of the Case – Why the case matters or how it affects future legal decisions.

Question 57

What is the Professor’s Method for Briefing Case Law?

Answer 57

1. Citation
2. Facts
3. Question
4. Answer
5. Application (most important)
6. Takeaways