BADM 300 MARGARET WRIGHT
EXAM 1: CHAPTERS 1-7 QUESTIONS
& ANSWERS(RATED A+)
primary sources of law - ANSWERestablish the law as constitutions, statutes, and
regulations
secondary sources of law - ANSWERsummarize and clarify the primary sources.
Restatements of the law
four primary sources of law - ANSWERconstitutional law, statutory law, administrative
law, case law
constitutional law - ANSWERgoverning document of US. Determines what the
government can and cant do, including bill of rights. Can be amended with 2/3 consent.
Treaties with other nations. approved by senate signed by president. 10th amendment
grants power to states not covered by federal gov
amendment 1 - ANSWERfreedom of life basically. Covers religion, speech, press,
assembly, petitioning
amendment 2 - ANSWERregulated militia and right to bear arms
amendment 3 - ANSWERno soldier shall in time of peace be forced into a home without
consent
amendment 4 - ANSWERprotects against searches and seizure
amendment 5 - ANSWERprotects the people from being imprisoned and stolen from at
a federal level.
amendment 6 - ANSWERright to a fair trial
amendment 8 - ANSWERprotects against excessive bail
amendment 7 - ANSWERin suits where value in controversy exceeds $20, trial by jury
is preserved
amendment 9 - ANSWERthe constitution cannot overwrite the amendments to it
amendment 10 - ANSWEReverything not covered in the constitution will be covered by
the states
,statutory law - ANSWERfederal - laws passed by senate, house, signed or vetoed by
president
state - laws passed by state senate, state assembly, signed or vetoed by governor.
Uniform law,
federal and state administrative law - ANSWERfederal - executive branch, cabinet
secretaries, executive agents - US food and drug agency, independent agency - created
by legislation.
state - executive branch - governor, the creation of state agencies
federal and state case law - ANSWERfederal - made through the interpretation of
judges: common law, constituiton, statutes, administrative rules and regs.
state - common law, state constitution, state statutes, administrative rules and reg
case law - ANSWERdecided by judges, state elected. federal judges appointed for life.
selected by president approved by senate.
common law tradition - ANSWERcourts interpret primary law, judges use precedent and
apply to cases with similar facts. based largely on english common law. law and equity
merged in the US, still recognize legal remedies and equitable remedies. equitable and
monetary relief can both be granted
english common law - ANSWERtwo court systems:
courts of law - granted limited kinds of monetary remedies: land items of value, money.
courts of equity - awarded non monetary relief, such as specific performance,
injunctions, and rescissions
stare decisis - ANSWERaspect of common law - judges must follow precedents. two
aspects: a court cannot overturn its own precedents, decisions made by a court are
binding on lower courts
Binding authority - ANSWERcontains controlling precedents - must follow precedents in
law and binding on all lower courts
changing precedents - ANSWERhighest courts in jursidiction can change if they believe:
the precedent is incorrect, the technological or social changes have rendered the
precedent inapplicable.
persuasive authority - ANSWERany primary or secondary law that the court may
consult, not binding. used in cases of first impression - no precedent
restatements of the law - ANSWERcompilations that generally summarize the common
law rules followed by most states. published by American Law Institute. cover contracts,
torts, agency, trusts, property, restitution, security, judements, and conflicts of law.
secondary sources of law. many editions
, schools of legal thought - ANSWER1. natural law school. Positivist school. historical
school. legal realism.
natural school of legal thought - ANSWERhigher law that applies to all humanity, and all
written laws should imitate these principles. Laws contrary to narual law are unjust and
need not be obeyed. "all men are created equal"
positivist school of thought - ANSWERstates that there is no law higher than the laws
created by the national government (sovereign law). must be in writing. laws must be
obeyed to prevent anarchy even if they are unjust. there are no natural rights, the law is
the law.
historical school of thought - ANSWERemphasizes the evolutionary process of law by
concentrating on history and origins. continue laws that can stand with time. past laws
are best for shaping present laws
legal realism thought - ANSWERlaw is shaped by social forces and needs. must
account for economic and social realities. influenced the sociological school of thought,
which view laws as a tool to promote social justice
every law is: - ANSWERsubstantive or procedural
civil or criminal
substantive law - ANSWERconsists of laws that create legal rights. if someone hits your
car and you are injured, gives the right to sue.
procedural law - ANSWERoutlines methods of enforcing substantive law. must file
lawsuit for wreck within two years
civil law - ANSWERspells out the rights and duties that exist between persons and
governments, as well as relief for violated rights
criminal law - ANSWERconcerned with wrongs committed against the public as a
whole. prosecuted by public officials
judicial review - ANSWERthe process by which a court decides the constitutionality of
legislative enactments and actions by the executive branch. established in marbury vs
madison. in both fed and state courts
basic judicial requirements - ANSWERover the person, over the property, over the
subject matter. (in peronam, in rem, subject matter)
in personam jurisdiction - ANSWERgives power to compel presence of the parties. must
determine minimum contacts. long arm statutes
EXAM 1: CHAPTERS 1-7 QUESTIONS
& ANSWERS(RATED A+)
primary sources of law - ANSWERestablish the law as constitutions, statutes, and
regulations
secondary sources of law - ANSWERsummarize and clarify the primary sources.
Restatements of the law
four primary sources of law - ANSWERconstitutional law, statutory law, administrative
law, case law
constitutional law - ANSWERgoverning document of US. Determines what the
government can and cant do, including bill of rights. Can be amended with 2/3 consent.
Treaties with other nations. approved by senate signed by president. 10th amendment
grants power to states not covered by federal gov
amendment 1 - ANSWERfreedom of life basically. Covers religion, speech, press,
assembly, petitioning
amendment 2 - ANSWERregulated militia and right to bear arms
amendment 3 - ANSWERno soldier shall in time of peace be forced into a home without
consent
amendment 4 - ANSWERprotects against searches and seizure
amendment 5 - ANSWERprotects the people from being imprisoned and stolen from at
a federal level.
amendment 6 - ANSWERright to a fair trial
amendment 8 - ANSWERprotects against excessive bail
amendment 7 - ANSWERin suits where value in controversy exceeds $20, trial by jury
is preserved
amendment 9 - ANSWERthe constitution cannot overwrite the amendments to it
amendment 10 - ANSWEReverything not covered in the constitution will be covered by
the states
,statutory law - ANSWERfederal - laws passed by senate, house, signed or vetoed by
president
state - laws passed by state senate, state assembly, signed or vetoed by governor.
Uniform law,
federal and state administrative law - ANSWERfederal - executive branch, cabinet
secretaries, executive agents - US food and drug agency, independent agency - created
by legislation.
state - executive branch - governor, the creation of state agencies
federal and state case law - ANSWERfederal - made through the interpretation of
judges: common law, constituiton, statutes, administrative rules and regs.
state - common law, state constitution, state statutes, administrative rules and reg
case law - ANSWERdecided by judges, state elected. federal judges appointed for life.
selected by president approved by senate.
common law tradition - ANSWERcourts interpret primary law, judges use precedent and
apply to cases with similar facts. based largely on english common law. law and equity
merged in the US, still recognize legal remedies and equitable remedies. equitable and
monetary relief can both be granted
english common law - ANSWERtwo court systems:
courts of law - granted limited kinds of monetary remedies: land items of value, money.
courts of equity - awarded non monetary relief, such as specific performance,
injunctions, and rescissions
stare decisis - ANSWERaspect of common law - judges must follow precedents. two
aspects: a court cannot overturn its own precedents, decisions made by a court are
binding on lower courts
Binding authority - ANSWERcontains controlling precedents - must follow precedents in
law and binding on all lower courts
changing precedents - ANSWERhighest courts in jursidiction can change if they believe:
the precedent is incorrect, the technological or social changes have rendered the
precedent inapplicable.
persuasive authority - ANSWERany primary or secondary law that the court may
consult, not binding. used in cases of first impression - no precedent
restatements of the law - ANSWERcompilations that generally summarize the common
law rules followed by most states. published by American Law Institute. cover contracts,
torts, agency, trusts, property, restitution, security, judements, and conflicts of law.
secondary sources of law. many editions
, schools of legal thought - ANSWER1. natural law school. Positivist school. historical
school. legal realism.
natural school of legal thought - ANSWERhigher law that applies to all humanity, and all
written laws should imitate these principles. Laws contrary to narual law are unjust and
need not be obeyed. "all men are created equal"
positivist school of thought - ANSWERstates that there is no law higher than the laws
created by the national government (sovereign law). must be in writing. laws must be
obeyed to prevent anarchy even if they are unjust. there are no natural rights, the law is
the law.
historical school of thought - ANSWERemphasizes the evolutionary process of law by
concentrating on history and origins. continue laws that can stand with time. past laws
are best for shaping present laws
legal realism thought - ANSWERlaw is shaped by social forces and needs. must
account for economic and social realities. influenced the sociological school of thought,
which view laws as a tool to promote social justice
every law is: - ANSWERsubstantive or procedural
civil or criminal
substantive law - ANSWERconsists of laws that create legal rights. if someone hits your
car and you are injured, gives the right to sue.
procedural law - ANSWERoutlines methods of enforcing substantive law. must file
lawsuit for wreck within two years
civil law - ANSWERspells out the rights and duties that exist between persons and
governments, as well as relief for violated rights
criminal law - ANSWERconcerned with wrongs committed against the public as a
whole. prosecuted by public officials
judicial review - ANSWERthe process by which a court decides the constitutionality of
legislative enactments and actions by the executive branch. established in marbury vs
madison. in both fed and state courts
basic judicial requirements - ANSWERover the person, over the property, over the
subject matter. (in peronam, in rem, subject matter)
in personam jurisdiction - ANSWERgives power to compel presence of the parties. must
determine minimum contacts. long arm statutes
