BLAW 371 EXAM #1 STUDY GUIDE 2026
Law - Answers -a collection of principals and rules that establish, guide and alter the
behavior of members of society.
Sources of Law - Answers -1. us/state constitution
2. congress/state legislature
3. judicial branch
4. executive branch
5. federal/state administrative
Common law - Answers -law made and applied by judges as they resolve disputes
among private parties, AKA "Judge made"! this system encourages judges to use prior
decisions or PRECEDANTS for guidance in deciding new disputes
"Stare Decisis" Doctrine --- creates what? - Answers -"Let the decision stand" - use of
this doctrone creates a legal precedant from the courts decision in a case. Efficiently,
uniformity, stability and removal of bias by a judge
Criminal law --- evidence shows?? - Answers -concerns legal wrong doings or crimes
committed against the state -- Trial Court must find that the evidence presented showed
"Beyond a Reasonable Doubt" that the person committed the crime
Civil Law - Answers -concerned with the rights and responsibilities that exist among
members of society or between individuals and the government in noncriminal matters
Preponderance of the evidence - Answers -in civil trials, the burden of persuasion to
win a verdict requires that the plaintiff prove its claim by having the majority or bulk of
the evidence on its side
Substantive law - Answers -includes common law and statutory law that defines and
establish legal rights and regulate behavior
**Defines, creates, describes and regulates legal rights and obligations
Procedural law - Answers -determines how substantive law is enforced through the
courts by determining how a lawsuit begins, what documents need to be filed, ect.
Jurisdiction - Answers -"the power to speak of the law", a must have jurisdiction to hear
and resolve a dispute
- The court's power over the parties and the type of lawsuit to allow the court to decide a
case so the decision is binding on the parties
original jurisdiction - Answers -AKA trial courts - they have authority to hear virtually
any kind of dispute and provide any kind of relief
, appellate jurisdiction - Answers -courts where the decisions of a lower court may be
taken for review --- US Supreme Court (Court of the last resort)
Appeal - Answers -- Motions filed by the losing party -"Motion for New Trial"- alleging
errors of law or procedure, not facts
- Losing party can file an "Appeal" to the next higher court ("Appellate Court")
trial de novo - Answers -when on appeal, the parties get a new trial
subject matter of jurisdiction - Answers -created by constitution or statue regarding the
types of disputes a court can accept to resolve
- A court is allowed jurisdiction over certain types of cases
2 types of federal jurisdiction - Answers -1. federal question - constitution
2. diversity of citizenship - cases where the amount in controversy exceeds
$75,000/personal injury
Personal jurisdiction --- example???? - Answers -Court jurisdiction is where the
plaintiff/defendant live
3 Types of "Jurisdiction over the Person" - Answers -1. Personal jurisdiction
2. Long arm statute
3. Publication of notice
Long Arm Statute - Answers -Court can exercise over jurisdiction over non resident
Publication of Notice - Answers -If a person CANNOT be located, the law allows the
court to obtain personal jurisdiction by publishing a notice in a legal publication of
general circulation located in the same jurisdiction
default judgment - Answers -when the defendant fails to appear at court, the court will
issue this with him/her
- Gives the Plaintiff a judgment against the Defendant for everything the Plaintiff asked
for
conflict of law - Answers -aka choice of law
-body of law establishing the circumstances in which a state/federal court shall apply the
laws of another state, rather than the laws of the state in which it is sitting in
affirmative defense - Answers -the defendant admits to the facts claimed by the plaintiff
but offers additional facts he asserts constitute a defense aka "a legal excuse"
deposition - Answers -a principal discovery tool, the sworn, in person testimony of a
witness recorded by a court reporter
Law - Answers -a collection of principals and rules that establish, guide and alter the
behavior of members of society.
Sources of Law - Answers -1. us/state constitution
2. congress/state legislature
3. judicial branch
4. executive branch
5. federal/state administrative
Common law - Answers -law made and applied by judges as they resolve disputes
among private parties, AKA "Judge made"! this system encourages judges to use prior
decisions or PRECEDANTS for guidance in deciding new disputes
"Stare Decisis" Doctrine --- creates what? - Answers -"Let the decision stand" - use of
this doctrone creates a legal precedant from the courts decision in a case. Efficiently,
uniformity, stability and removal of bias by a judge
Criminal law --- evidence shows?? - Answers -concerns legal wrong doings or crimes
committed against the state -- Trial Court must find that the evidence presented showed
"Beyond a Reasonable Doubt" that the person committed the crime
Civil Law - Answers -concerned with the rights and responsibilities that exist among
members of society or between individuals and the government in noncriminal matters
Preponderance of the evidence - Answers -in civil trials, the burden of persuasion to
win a verdict requires that the plaintiff prove its claim by having the majority or bulk of
the evidence on its side
Substantive law - Answers -includes common law and statutory law that defines and
establish legal rights and regulate behavior
**Defines, creates, describes and regulates legal rights and obligations
Procedural law - Answers -determines how substantive law is enforced through the
courts by determining how a lawsuit begins, what documents need to be filed, ect.
Jurisdiction - Answers -"the power to speak of the law", a must have jurisdiction to hear
and resolve a dispute
- The court's power over the parties and the type of lawsuit to allow the court to decide a
case so the decision is binding on the parties
original jurisdiction - Answers -AKA trial courts - they have authority to hear virtually
any kind of dispute and provide any kind of relief
, appellate jurisdiction - Answers -courts where the decisions of a lower court may be
taken for review --- US Supreme Court (Court of the last resort)
Appeal - Answers -- Motions filed by the losing party -"Motion for New Trial"- alleging
errors of law or procedure, not facts
- Losing party can file an "Appeal" to the next higher court ("Appellate Court")
trial de novo - Answers -when on appeal, the parties get a new trial
subject matter of jurisdiction - Answers -created by constitution or statue regarding the
types of disputes a court can accept to resolve
- A court is allowed jurisdiction over certain types of cases
2 types of federal jurisdiction - Answers -1. federal question - constitution
2. diversity of citizenship - cases where the amount in controversy exceeds
$75,000/personal injury
Personal jurisdiction --- example???? - Answers -Court jurisdiction is where the
plaintiff/defendant live
3 Types of "Jurisdiction over the Person" - Answers -1. Personal jurisdiction
2. Long arm statute
3. Publication of notice
Long Arm Statute - Answers -Court can exercise over jurisdiction over non resident
Publication of Notice - Answers -If a person CANNOT be located, the law allows the
court to obtain personal jurisdiction by publishing a notice in a legal publication of
general circulation located in the same jurisdiction
default judgment - Answers -when the defendant fails to appear at court, the court will
issue this with him/her
- Gives the Plaintiff a judgment against the Defendant for everything the Plaintiff asked
for
conflict of law - Answers -aka choice of law
-body of law establishing the circumstances in which a state/federal court shall apply the
laws of another state, rather than the laws of the state in which it is sitting in
affirmative defense - Answers -the defendant admits to the facts claimed by the plaintiff
but offers additional facts he asserts constitute a defense aka "a legal excuse"
deposition - Answers -a principal discovery tool, the sworn, in person testimony of a
witness recorded by a court reporter
