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Law and Legal Chapter 1 (exam 1)
Terms in this set (96)
One primary source of American Law is:
The U.S constitution
T or F. State Constitutions are a primary source of law
Law based on documents setting fourth the general organization , powers, and limits of the government is called __________________________________.
Of the U.S laws, including state laws, the U.S. Constitution is __________________________.
the supreme law of the land
If the U.S. Supreme Court determines that a state criminal law violates a provision of the Fourth Amendment to the U.S. Constitution, that law will be declared _____________________________.
Statutes, which are primary sources of law, come from the U.S. ________________________ and state and local ___________________________.
T or F. The U.S. Congress passes federal statues which do not apply to states, but only to the federal government.
The ____________________________________ is a uniform law adopted by all states that facilitates business transactions.
Uniform Commercial Code
Administrative agencies are created to:
perform specific government functions delegated to them by the legislature.
The Federal Trade Commission is an example of:
an independent regulatory agency
T or F. Case law is based on decisions made by those who run administrative agencies.
T or F. Case law is derived from judges' decisions for actual cases.
What is a law enacted by federal, state and local legislative bodies?
The law as stated by judges in their court opinions is?
The law as expressed in the U.S. constitution and state constitutions is?
The rules, orders, and decisions of federal, state or local government administrative agencies is?
T or F. In the English system, upon which the American system is based, "remedies at law" consisted of any action of order that would correct the wrong.
Remedies ______________________ include specific performance.
is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles and facts.
Part of common law tradition relies on the doctrine of __________________________.
The Latin term stare decisis means:
to stand on decided cases
A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include
opinions from trusted newspapers.
United States Supreme Court opinions are _______________________ until they are overruled by the Supreme Court or Congress.
What are 3 types of persuasive authority which judges may use in cases of first impression?
1. nonbinding precedents from other jurisdictions
2. public policy issues
3. unpublished opinions
What is the 4 basic steps in legal reasoning?
Generally speaking, the Restatements of Law:
summarize the common law rules followed by most states
Doctrines that have withstood the passage of time help guide us in shaping present laws is what type of jurisprudence?
Universal law applies to all human beings is what type of jurisprudence?
There is no law higher than the laws created by the government is what type of jurisprudence?
Customary practices and the circumstances surrounding the transaction guide us in the shaping the decision is what type of jurisprudence?
Law can be divided into which 2 categories?
1. Procedural law
2. Substantive law
The law that governs relations between persons. Civil or Criminal law?
T or F. Cyberlaw is a new type of law.
In the field of legal research, a "citation" is:
a reference to a publication in which a legal authority can be found.
When Congress passes a law, in which publication can it be found?
United States Statutes at Large
A citation to 42 U.S.C. § 1981 means that the statue is in __________________ 1981 of ____________42 of the United States Code.
Administrative rules and regulations can be found first the ______________________ and then more permanently in the _____________________________________________.
Code of Federal Regulations
United States Supreme Court opinions can be found in which 3 reporters?
1. United States Reports
2. Supreme Court Reporter
3. United States Supreme Court Reports, Lawyers Edition
Who is the person who files the original petition with the court to start a lawsuit?
The _________________ is the party who appeals a lower court's decision.
When a court's opinion is not unanimous, but most judges in that case agree with it, it is called a:
In a particular case, Judge A does not agree at all with the other judges' opinions. Which of the following type of opinion will he write?
A dissenting opinion
Assume that Congress passes a law establishing a new administrative agency to oversee cyberlaw issues. The agency writes rules to enable it to carry out its duties. The rules written by the agency will be known as a part of:
The Illinois state legislature passes a law raising the speed limit on certain state roads. This law becomes part of a body of law known as:
The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform act related to texting while driving. This uniform act:
becomes the law in every state that adopts the uniform act through legislative action.
Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings which are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of:
All of the cases which have been decided by U.S. judges, as well as by English judges prior to the American Revolution, constitute a body of law known as:
the common law
Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of:
A case on the subject of free speech on the Internet comes before a Wisconsin state trial court. It is a case of first impression, which means that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would be considered the least proper for the judge to consider:
survey data from the local community
Tyler believes that some laws passed by his state's legislature are improper, and he refuses to comply with them. He believes that there is a universal law above all others that grants rights to all people. Which school of jurisprudential thought does Tyler subscribe to?
The natural law school
Elaine is involved in a car accident in which the other driver ran a red light. To determine whether she has a case, her attorney would apply which of the following classifications of law?
Cyberlaw consists of:
traditional legal principles that have changed because of technology.
Most appellate court judges write opinions in which they give the reasons for their decisions. These opinions are collected and published in volumes of books known as:
Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. The party appealing the case is known as the:
The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any city street at any time. This legislation is called:
When a judge uses legal encyclopedias, law review articles, and Restatements to guide a decision, that judge is using:
secondary sources of the law
If a plaintiff waited to bring a lawsuit for several years, and in those years witnesses died and evidence was lost or destroyed, one equitable defense that the defendant may have is called:
AOL, LLC, mistakenly made public the personal information of 650,000 of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have declared in other cases that clauses similar to the AOL clause contravene a strong public policy.
In deciding whether to dismiss the suit, the court in California first should look to_____________________ sources of law, or sources that establish the law.
Two important resources for the court in making this decision are the state and federal___________________ , which outline the powers, and limits to those powers, of the state and federal governments.
Another resource for the court are the_____________ passed by the United States ____________ and the state _________________________.
If the court cannot find any sources of law that establish or direct their decision to dismiss the suit, the court should then turn to ______________ sources of law for guidance.
If the California court turns to prior court opinions to determine if it should dismiss the suit, it is looking for________________.
The system of prior court opinions is called?
The California court will follow the decision of the United States Supreme Court because of the doctrine of______________________ . The United States Supreme Court decision is ____________________ on the California courts.
Because of the United States Supreme Court opinion and the prior California cases regarding clauses of this type, the California court ____________________ enforce the clause in the contract.
Because of the precedent set, the California court__________________ dismiss the suit and the case will be heard in ___________________________.
What if the United States Supreme Court had not issued the prior opinion and California courts also had not decided that those clauses contravene a strong public policy? This case would be a case of________________________________ in California.
Without the prior guidance, the California courts likely would look to ______________________ authorities to help them reason through a decision.
Law that is based on the U.S. Constitution and the constitutions of the various states?
The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).
A law passed by a local governing unit, such as a city or a county.
A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If the state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law.
Law that facilitates commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions.
Uniform Commercial Code
The body of law created by administrative agencies in order to carry out their duties and responsibilities.
A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment.
An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments.
The rules of law announced in court decisions. Interprets statutes, regulations, constitutional provisions, and other case law.
The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.
The relief given to an innocent party to enforce a right or compensate for the violation of a right.
A court in which the only remedies that could be granted were things of value, such as money damages. In the early English king's courts, courts of law were distinct from courts of equity.
Courts of law
To violate a law, by an act or an omission, or to break a legal obligation that one owes to another person or to society.
General propositions or principles of law that have to do with fairness (equity).
In equity practice, a party that initiates a lawsuit.
A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts.
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.
stare decisis has two aspects:
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.
The science or philosophy of law.
The oldest school of legal thought, based on the belief that the legal system should reflect universal ("higher") moral and ethical principles that are inherent in human nature.
A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.
A school of legal thought that holds that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account.
A school of legal thought that views the law as a tool for promoting justice in society.
Law that defines, describes, regulates, and creates legal rights and obligations.
Law that establishes the methods of enforcing the rights established by substantive law.
A court opinion by one or more judges or justices who agree with the majority but want to make or emphasize a point that was not made or emphasized in the majority's opinion.
A court opinion that is joined by the largest number of the judges or justices hearing the case, but fewer than half of the total number.
By the whole court; a court opinion written by the court as a whole instead of being authored by a judge or justice.
per curiam opinion
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