BLAW 341 LATEST STUDY EXAMS GUIDED
QUESTIONS AND ANSWERS SURE A+
✔✔Legislation - ✔✔laws passed by an elected body such as congress, a state
legislation, or local council/commission
✔✔Does all federal law prevail over all state law in the hierarchy of our sources of law?
- ✔✔Yes
✔✔Stare Decis - ✔✔Doctrine of prior precedents
judges in current cases follow whenever possible the interpretation of law determined by
judges in prior cases
✔✔Advantages of Judicial Case Laws - ✔✔Stare Decis
✔✔Disadvantages of Judicial Case Laws - ✔✔Volume of cases\
conflicting precedents
dicta
rejection of precedent
conflicts of law
, ✔✔Hierarchy of sources of law from highest to lowest - ✔✔1. U.S. Constitution and
Amendments (bill of rights)
2. Statutes (also called acts or legislation) of COngress
3. Federal administration legislation
4. State constitutions (apply only in individual states)
5. State statutes (apply only in individual states
6. State Administrative regulation ( applies only in individual states)
7. Local Ordinances( apply in cities, towns , and other such areas
8. Case Law
✔✔Sanctions- - ✔✔are a form of punishment for violating the law.
✔✔constitutional relativity- - ✔✔Idea that courts should understand the meaning of the
constitution relative to the times in which they interpret
✔✔Originalism- - ✔✔stands for the idea that courts should interpret the Constitution
only according to the intentions of those who wrote it
✔✔Sanctions for breach of contract? - ✔✔Compensatory damages aka a remedy
✔✔Tort- - ✔✔a civil wrong
3 kinds:
Intentional
Negligence
Strict Liability
✔✔Plaintiff- - ✔✔a person who initiates a lawsuit
✔✔Intentional torts- - ✔✔require plaintiff to prove the defendant intended to cross the
boundaries protecting the plaintiff.
assault
battery
conversion
trespass
✔✔Negligence- - ✔✔a tort that requires the plantiff to show that the defendant injured
what was proper to the plaintiff through unreasonable behavior
✔✔Strict liability- - ✔✔tort usually requires the plaintiff to prove only that the defendant
has injured something proper to the plaintiff.
✔✔Punitive damages- - ✔✔civil punishment for intentional or extremely negligent
wrongdoing.
QUESTIONS AND ANSWERS SURE A+
✔✔Legislation - ✔✔laws passed by an elected body such as congress, a state
legislation, or local council/commission
✔✔Does all federal law prevail over all state law in the hierarchy of our sources of law?
- ✔✔Yes
✔✔Stare Decis - ✔✔Doctrine of prior precedents
judges in current cases follow whenever possible the interpretation of law determined by
judges in prior cases
✔✔Advantages of Judicial Case Laws - ✔✔Stare Decis
✔✔Disadvantages of Judicial Case Laws - ✔✔Volume of cases\
conflicting precedents
dicta
rejection of precedent
conflicts of law
, ✔✔Hierarchy of sources of law from highest to lowest - ✔✔1. U.S. Constitution and
Amendments (bill of rights)
2. Statutes (also called acts or legislation) of COngress
3. Federal administration legislation
4. State constitutions (apply only in individual states)
5. State statutes (apply only in individual states
6. State Administrative regulation ( applies only in individual states)
7. Local Ordinances( apply in cities, towns , and other such areas
8. Case Law
✔✔Sanctions- - ✔✔are a form of punishment for violating the law.
✔✔constitutional relativity- - ✔✔Idea that courts should understand the meaning of the
constitution relative to the times in which they interpret
✔✔Originalism- - ✔✔stands for the idea that courts should interpret the Constitution
only according to the intentions of those who wrote it
✔✔Sanctions for breach of contract? - ✔✔Compensatory damages aka a remedy
✔✔Tort- - ✔✔a civil wrong
3 kinds:
Intentional
Negligence
Strict Liability
✔✔Plaintiff- - ✔✔a person who initiates a lawsuit
✔✔Intentional torts- - ✔✔require plaintiff to prove the defendant intended to cross the
boundaries protecting the plaintiff.
assault
battery
conversion
trespass
✔✔Negligence- - ✔✔a tort that requires the plantiff to show that the defendant injured
what was proper to the plaintiff through unreasonable behavior
✔✔Strict liability- - ✔✔tort usually requires the plaintiff to prove only that the defendant
has injured something proper to the plaintiff.
✔✔Punitive damages- - ✔✔civil punishment for intentional or extremely negligent
wrongdoing.
