BLAW 341 LATEST EXAM COMPREHENSIVE
QUESTIONS AND ANSWERS SURE A+
✔✔Case Law - ✔✔The rules of law announced in court decisions. Case law interprets
statutes, regulations, and constitutional provisions, and governs all areas not covered
by statutory or administrative law.
✔✔Stare Decisis (precedent) - ✔✔To stand on decided cases. Practice of deciding new
cases based on precedent. A higher court's decision based on certain facts of law and
law is a binding authority on lower within the SAME jurisdiction. Aids legal stability.
1. A court should not overturn its own precedents unless there is a strong reason to do
so.
2. Decisions made by a higher court are binding on lower courts.
✔✔Binding authority (controlling precedents) - ✔✔Any source of law that a court must
follow when deciding a case. Binding authorities include constitutions, statutes, and
regulations. United Supreme Court case decisions, no matter how old, remain
controlling until they are overruled by a subsequent decision of the Supreme Court, by a
constitutional amendment, or by congressional legislation.
✔✔Departures from Precedent (rare): Brown v. Board of Education (1954) - ✔✔The
U.S. Supreme Court overturned precedent when it held that 'separate but equal'
facilities were unconstitutional.
,✔✔Departures from Precedent (rare): Dobbs v. Jackson Women's Health Organization
(2022) - ✔✔The U.S. Supreme Court overturned precedent of Roe v. Wade (1973)
when it held the right to an abortion is not a fundamental right guaranteed protection
under the U.S. Constitution.
✔✔Common law (Precedent to US Law) - ✔✔The body of law developed from custom
or judicial decisions in English and U.S. courts, not attributable to a legislature.
✔✔Persuasive authority (cases of first impression) - ✔✔A legal authority that a court
may consult for guidance but that is not binding on the court.
✔✔Legal reasoning - ✔✔The process of reasoning by which judges harmonize their
opinions with judicial opinions in previous cases.
✔✔Remedy - ✔✔The means given to a party to enforce a right or to compensate for the
violation of a right.
✔✔Remedies at law - ✔✔-Designed to compensate the individual for actual loss
-Award restricted to "damages" (payment) in either money or property.
✔✔Remedies in equity - ✔✔-Designed to "make a person whole" where monetary or
property damages are inadequate.
-Equitable remedies are based on justice and fair dealing.
✔✔Types of Remedies in Equity - ✔✔1. Specific performance: Court order commanding
a party to DO what they promised.
2. Injunction: Court order commanding a party to do or refrain from a certain act.
3. Rescission: Cancellation of a contract
✔✔Substantive Law (classifications of Law) - ✔✔Laws that define and regulate rights
and duties.
✔✔Procedural Law - ✔✔Laws that establish methods for enforcing and protecting
rights.
✔✔Cyberlaw - ✔✔An informal term used to refer to all laws governing electronic
communications and transactions, particularly those conducted via the internet.
✔✔Civil Law - ✔✔Primary Objective: Compensate injured PARTY
Addresses private rights and duties between persons and/or between persons and
government.
-Private party sues another private party (most common) OR
-Government sues private party OR
-More rare: Private party sues government (often government cannot be sued)
, ✔✔Criminal Law - ✔✔Primary Objective: Punishment and Deterrence
Addresses public wrongs against society.
-Government sues individual/entity
-Private citizens cannot file a criminal lawsuit, only government may file a criminal
lawsuit.
✔✔Common Law System v. Civil Law System - ✔✔Basis of Law in Common Law
Countries: Stare Decisis/Precedent
Basis of Law in Civil Law Countries: Code of Laws
✔✔State and Federal Court Systems - ✔✔
✔✔Basic Structure of Federal AND State Systems - ✔✔Bottom tier: Trial level courts
Middle tier: Intermediate Appellate Courts
Top tier: Highest Appellate Court
✔✔Federal Circuits - ✔✔1 court of Appeal (appellate) + 1 or more District Courts =
Circuit
✔✔Small claims court - ✔✔A special court in which parties can litigate small claims
without an attorney.
✔✔writ of certiorari - ✔✔A writ from a higher court asking a lower court for the record of
a case.
✔✔Rule of four - ✔✔A rule of the US Supreme Court under which the Court will not
issue a writ of certiorari unless at least four justices (out of nine) approve of the decision
to issue the writ.
✔✔litigation - ✔✔the process of working a lawsuit through the court system.
✔✔Complaint - ✔✔1. Jurisdiction: The facts necessary for the court to take jurisdiction.
2. Legal theory: A brief summary of the facts necessary to show that the plaintiff is
entitled to relief (a remedy)
3. Remedy: A statement of the remedy the plaintiff is seeking.
✔✔Plaintiff files a complaint THEN - ✔✔-Service of Process: Plaintiff "serves the
defendant complaint and summons.
-Defendant may file 1.) an ANSWER (may include counterclaim), OR 2.) a MOTION TO
DISMISS the case, OR 3.) if defendant fails to respond, the court may issue a default
judgment against the defendant.
-reply (if Defendant filed a counterclaim)
-Pretrial Motions Discovery
QUESTIONS AND ANSWERS SURE A+
✔✔Case Law - ✔✔The rules of law announced in court decisions. Case law interprets
statutes, regulations, and constitutional provisions, and governs all areas not covered
by statutory or administrative law.
✔✔Stare Decisis (precedent) - ✔✔To stand on decided cases. Practice of deciding new
cases based on precedent. A higher court's decision based on certain facts of law and
law is a binding authority on lower within the SAME jurisdiction. Aids legal stability.
1. A court should not overturn its own precedents unless there is a strong reason to do
so.
2. Decisions made by a higher court are binding on lower courts.
✔✔Binding authority (controlling precedents) - ✔✔Any source of law that a court must
follow when deciding a case. Binding authorities include constitutions, statutes, and
regulations. United Supreme Court case decisions, no matter how old, remain
controlling until they are overruled by a subsequent decision of the Supreme Court, by a
constitutional amendment, or by congressional legislation.
✔✔Departures from Precedent (rare): Brown v. Board of Education (1954) - ✔✔The
U.S. Supreme Court overturned precedent when it held that 'separate but equal'
facilities were unconstitutional.
,✔✔Departures from Precedent (rare): Dobbs v. Jackson Women's Health Organization
(2022) - ✔✔The U.S. Supreme Court overturned precedent of Roe v. Wade (1973)
when it held the right to an abortion is not a fundamental right guaranteed protection
under the U.S. Constitution.
✔✔Common law (Precedent to US Law) - ✔✔The body of law developed from custom
or judicial decisions in English and U.S. courts, not attributable to a legislature.
✔✔Persuasive authority (cases of first impression) - ✔✔A legal authority that a court
may consult for guidance but that is not binding on the court.
✔✔Legal reasoning - ✔✔The process of reasoning by which judges harmonize their
opinions with judicial opinions in previous cases.
✔✔Remedy - ✔✔The means given to a party to enforce a right or to compensate for the
violation of a right.
✔✔Remedies at law - ✔✔-Designed to compensate the individual for actual loss
-Award restricted to "damages" (payment) in either money or property.
✔✔Remedies in equity - ✔✔-Designed to "make a person whole" where monetary or
property damages are inadequate.
-Equitable remedies are based on justice and fair dealing.
✔✔Types of Remedies in Equity - ✔✔1. Specific performance: Court order commanding
a party to DO what they promised.
2. Injunction: Court order commanding a party to do or refrain from a certain act.
3. Rescission: Cancellation of a contract
✔✔Substantive Law (classifications of Law) - ✔✔Laws that define and regulate rights
and duties.
✔✔Procedural Law - ✔✔Laws that establish methods for enforcing and protecting
rights.
✔✔Cyberlaw - ✔✔An informal term used to refer to all laws governing electronic
communications and transactions, particularly those conducted via the internet.
✔✔Civil Law - ✔✔Primary Objective: Compensate injured PARTY
Addresses private rights and duties between persons and/or between persons and
government.
-Private party sues another private party (most common) OR
-Government sues private party OR
-More rare: Private party sues government (often government cannot be sued)
, ✔✔Criminal Law - ✔✔Primary Objective: Punishment and Deterrence
Addresses public wrongs against society.
-Government sues individual/entity
-Private citizens cannot file a criminal lawsuit, only government may file a criminal
lawsuit.
✔✔Common Law System v. Civil Law System - ✔✔Basis of Law in Common Law
Countries: Stare Decisis/Precedent
Basis of Law in Civil Law Countries: Code of Laws
✔✔State and Federal Court Systems - ✔✔
✔✔Basic Structure of Federal AND State Systems - ✔✔Bottom tier: Trial level courts
Middle tier: Intermediate Appellate Courts
Top tier: Highest Appellate Court
✔✔Federal Circuits - ✔✔1 court of Appeal (appellate) + 1 or more District Courts =
Circuit
✔✔Small claims court - ✔✔A special court in which parties can litigate small claims
without an attorney.
✔✔writ of certiorari - ✔✔A writ from a higher court asking a lower court for the record of
a case.
✔✔Rule of four - ✔✔A rule of the US Supreme Court under which the Court will not
issue a writ of certiorari unless at least four justices (out of nine) approve of the decision
to issue the writ.
✔✔litigation - ✔✔the process of working a lawsuit through the court system.
✔✔Complaint - ✔✔1. Jurisdiction: The facts necessary for the court to take jurisdiction.
2. Legal theory: A brief summary of the facts necessary to show that the plaintiff is
entitled to relief (a remedy)
3. Remedy: A statement of the remedy the plaintiff is seeking.
✔✔Plaintiff files a complaint THEN - ✔✔-Service of Process: Plaintiff "serves the
defendant complaint and summons.
-Defendant may file 1.) an ANSWER (may include counterclaim), OR 2.) a MOTION TO
DISMISS the case, OR 3.) if defendant fails to respond, the court may issue a default
judgment against the defendant.
-reply (if Defendant filed a counterclaim)
-Pretrial Motions Discovery
