PRINCIPLES ASSESSMENT STUDY GUIDE
COMPLETE QUESTIONS AND ANSWERS
◉ procedural law. Answer: methods and means by which
substantive law is made and administered
- tells you what happens when a law is broken, sanctions
◉ federal law. Answer: constitution > legislation(acts,statutes,codes)
> administrative law(EPA, protect business) > state law
◉ state laws. Answer: below federal law,
-state constitutions
-state statutes
-state administrative regulation
-local ordinances in cities
-case law
◉ case law. Answer: judicial decisions
◉ stare decisis. Answer: follow precedent
,◉ disadvantages of case law. Answer: 1. volume of cases
2. conflicting precedents- no confidence in certainty of law
3. dicta
4. rejection of precedent
5.conflicts of law (different state laws)
◉ dicta. Answer: whatever extra was said in court but not influential
to the decision
◉ 2nd ammendment. Answer: right to bear arms shall not be
infringed
◉ legal SANCTIONS. Answer: methods to encourage or force
compliance and obedience in the law
preventive function
◉ remedy. Answer: the right of an individual to take another
person's resources (especially money) because that person has
failed to meet the requirements of law (breach of contract)
◉ sanctions for criminal conduct. Answer: death
imprisonment
fine
, removal from office
disqualification from holding office/voting
◉ compensatory damages. Answer: remedy for a breach in contract
is a suit for dollar damages
◉ specific performance. Answer: an order by the court commanding
the other party actually to perform a bargain as agreed
◉ intentional torts. Answer: all require the plaintiff (initiator) to
prove the defendant intended to cross the boundaries protecting the
plaintiff.
-assault, battery, conversion (depriving someone of goods owned),
trespassing
◉ negligence. Answer: this tort requires the plaintiff to show that
the defendant injured what was proper to the plaintiff through
unreasonable behavior
◉ strict liability. Answer: tort that usually requires the plaintiff to
prove only that the defendant has injured something proper to the
plaintiff.. injury caused by ultrahazardous activity like blasting