BLAW 2301 Final Exam Questions And Answers With Verified Solutions
1. Common Law a system of law based on precedent and customs, came from England when
William the Conqueror and his successors established the king's court (Curia
Regis) to help create a unified nation.
2. Stare Decisis "to adhere to decided cases" (Precedent)
3. Supremacy (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant
Clause to it, and treaties made under its authority, constitute the supreme law of the land.
4. Primary and Sec- Primary sources of law, or binding authority, are those sources of law a court must
ondary Sources follow when deciding cases. Examples include constitutions, statues, regulations,
of Law and case law. Secondary sources of law, or persuasive authority include case
law from other jurisdictions, legal dictionaries, law review articles, and treatises.
Secondary sources of law are not binding on the court but may help guide the
court in deciding a case.
5. Sources of Ameri- Constitutional Law, Statutory Law, Administrative Law, and Treaties
can Law
6. The Uni- The UCC is a unified body of statutes governing nearly all commercial transactions.
form Commercial Merchants are held to a very high standard of performance and must act in good
Code (UCC) faith within the commercial sphere. All fifty states have adopted the UCC.
7. Administrative Congress or a state legislature will oftentimes enact a statute using general
Law language leaving it up to the appropriate administrative agency to create more
detailed rules. Federal and state regulatory agencies promulgate their own "rules
and regulations" to implement the statues enacted by the legislatures. These
regulations generally have the same impact as a statute, and therefore are often
termed administrative laws.
8. Venue determines which particular trial court in a jurisdiction is the appropriate one in
which a case will be heard. State statues prescribe what the proper venue is for a
, BLAW 2301 Final Exam Questions And Answers With Verified Solutions
state case and the Federal Rules of Civil Procedure prescribe proper venue in the
federal system.
9. Jurisdiction of Jurisdiction is derived from two Latin words, juris meaning "law," and dictum
Courts meaning "to speak." In order to hear a case, court must be able "to speak the law,"
it must possess the power to rule on that case. In order to have this power, a court
must have jurisdiction over the parties and subject matter of the case.
10. Alternative Dis- The resolution of disputes in ways other than those involved in the traditional
pute Resolution judicial process. Negotiation, mediation, and arbitration are forms of ADR.
(ADR)
11. Sole Proprietor- Oldest and most traditional means to create a business. Merely an extension
ship of its owner. No one else owns any part of the business. Can hire employees.
Certain types of businesses and businesses hiring employees may be required
to obtain special licenses or follow other legal or regulatory requirements. A sole
proprietorship accounts for business income and expenses on Federal Schedule
C, the individuals federal tax return, and appropriate state income tax return. Sole
proprietor is required to file Federal Schedule SE (self-employment tax) if the
proprietorship makes a profit over the threshold amount. Cannot be transferred,
and has complete liability.
12. Partnership The association of two or more persons to carry on as co-owners of a business
for profit. A partnership requires that individuals will pool capital resources or
professional talents in order to obtain a profit. Requires partners to carry on as
co-owners of the business.
13. Formation of a May be formed by the voluntary actions or agreement of the parties or implied by
partnership the conduct of the parties.
14. Partnership by A judicially created partnership that may, at the court's discretion, be imposed
Estoppel for purposes of fairness. The court can prevent those who present themselves as
1. Common Law a system of law based on precedent and customs, came from England when
William the Conqueror and his successors established the king's court (Curia
Regis) to help create a unified nation.
2. Stare Decisis "to adhere to decided cases" (Precedent)
3. Supremacy (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant
Clause to it, and treaties made under its authority, constitute the supreme law of the land.
4. Primary and Sec- Primary sources of law, or binding authority, are those sources of law a court must
ondary Sources follow when deciding cases. Examples include constitutions, statues, regulations,
of Law and case law. Secondary sources of law, or persuasive authority include case
law from other jurisdictions, legal dictionaries, law review articles, and treatises.
Secondary sources of law are not binding on the court but may help guide the
court in deciding a case.
5. Sources of Ameri- Constitutional Law, Statutory Law, Administrative Law, and Treaties
can Law
6. The Uni- The UCC is a unified body of statutes governing nearly all commercial transactions.
form Commercial Merchants are held to a very high standard of performance and must act in good
Code (UCC) faith within the commercial sphere. All fifty states have adopted the UCC.
7. Administrative Congress or a state legislature will oftentimes enact a statute using general
Law language leaving it up to the appropriate administrative agency to create more
detailed rules. Federal and state regulatory agencies promulgate their own "rules
and regulations" to implement the statues enacted by the legislatures. These
regulations generally have the same impact as a statute, and therefore are often
termed administrative laws.
8. Venue determines which particular trial court in a jurisdiction is the appropriate one in
which a case will be heard. State statues prescribe what the proper venue is for a
, BLAW 2301 Final Exam Questions And Answers With Verified Solutions
state case and the Federal Rules of Civil Procedure prescribe proper venue in the
federal system.
9. Jurisdiction of Jurisdiction is derived from two Latin words, juris meaning "law," and dictum
Courts meaning "to speak." In order to hear a case, court must be able "to speak the law,"
it must possess the power to rule on that case. In order to have this power, a court
must have jurisdiction over the parties and subject matter of the case.
10. Alternative Dis- The resolution of disputes in ways other than those involved in the traditional
pute Resolution judicial process. Negotiation, mediation, and arbitration are forms of ADR.
(ADR)
11. Sole Proprietor- Oldest and most traditional means to create a business. Merely an extension
ship of its owner. No one else owns any part of the business. Can hire employees.
Certain types of businesses and businesses hiring employees may be required
to obtain special licenses or follow other legal or regulatory requirements. A sole
proprietorship accounts for business income and expenses on Federal Schedule
C, the individuals federal tax return, and appropriate state income tax return. Sole
proprietor is required to file Federal Schedule SE (self-employment tax) if the
proprietorship makes a profit over the threshold amount. Cannot be transferred,
and has complete liability.
12. Partnership The association of two or more persons to carry on as co-owners of a business
for profit. A partnership requires that individuals will pool capital resources or
professional talents in order to obtain a profit. Requires partners to carry on as
co-owners of the business.
13. Formation of a May be formed by the voluntary actions or agreement of the parties or implied by
partnership the conduct of the parties.
14. Partnership by A judicially created partnership that may, at the court's discretion, be imposed
Estoppel for purposes of fairness. The court can prevent those who present themselves as
