BLAW 3391 TTU Exam 1 Questions With
Verified Answers
Laws
rules governing relationships among individuals and between individuals and their society.
Priorities of Law? (Highest to lowest)
Federal Constitution
Federal Statutes
State Constitution
State Statutes
Local Ordinances
Conflict
Order of precedence
Agencies
created by legislatures and make their own rules which have the legal force of statutory law. (ex: IRS).
Carry out all functions of the federal government (legislative, executive, judicial)
Common Law
- The earliest version of law
- Laws adopted when US was a part of Britain
- The body of law developed from custom or judicial decisions in English and U.S. courts, not
attributable to a legislature.
Precedent
When courts follow and apply principles from previous cases to current court cases
Criminal Law
rules governing relationships between individuals and society
Civil Law
rules governing relationships between two individuals
stare decisis
"to stand on decided cases"; practice of deciding new cases with reference to precedent from
previous cases
Remedy
The relief given to an innocent party to enforce a right or compensate for the violation of a right
(usually involving money)
Remedies at law
money damages or equitable damages
Equitable Remedies
-injunction, specific performance, and contract recession.
, -when damages cannot be covered with monetary remedies.
in personam jurisdiction
Jurisdiction when a person/business is in their geographical area
in rem jurisdiction
Jurisdiction when property is in their geographical area
long arm statute
Jurisdiction used for non residents/parties are based on minimum contacts with a state
Diversity of Citizenship Jurisdiction
federal court jurisdiction over a lawsuit between citizens of different states (or even involving a U.S.
citizen and a citizen of a different country). The ammount in controversy is greater than $75,000.
Standing
having relevance and being able to justify to a suit (dog in the hunt). only affects the individual who is
involved
Motion for Summary Judgement
motion requesting the court to decide without a trial. Rarely granted but can be done if no facts are in
dispute. (no jury). skip the trial and go directly to the decision
Discovery
when opposing parties obtain info from each other to prepare for trial
Subpoena testificandum (Discovery)
(to testify) is an ordinary subpoena. It is a writ, or order, compelling a witness to appear at an agency
hearing.
Subpoena duces tecum (Discovery)
(bring it with you) compels an individual or organization to hand over books, papers, records, or
documents to the agency.
Deposition (Discovery)
oral questioning under oath (pre-trial) (whittnesses)
Interrogatories (Discovery)
written questioning under oath
Default Judgment
a judgement entered by a court against a defendant who has failed to appear in court to answer or
defend against the plaintiff's claim
Verified Answers
Laws
rules governing relationships among individuals and between individuals and their society.
Priorities of Law? (Highest to lowest)
Federal Constitution
Federal Statutes
State Constitution
State Statutes
Local Ordinances
Conflict
Order of precedence
Agencies
created by legislatures and make their own rules which have the legal force of statutory law. (ex: IRS).
Carry out all functions of the federal government (legislative, executive, judicial)
Common Law
- The earliest version of law
- Laws adopted when US was a part of Britain
- The body of law developed from custom or judicial decisions in English and U.S. courts, not
attributable to a legislature.
Precedent
When courts follow and apply principles from previous cases to current court cases
Criminal Law
rules governing relationships between individuals and society
Civil Law
rules governing relationships between two individuals
stare decisis
"to stand on decided cases"; practice of deciding new cases with reference to precedent from
previous cases
Remedy
The relief given to an innocent party to enforce a right or compensate for the violation of a right
(usually involving money)
Remedies at law
money damages or equitable damages
Equitable Remedies
-injunction, specific performance, and contract recession.
, -when damages cannot be covered with monetary remedies.
in personam jurisdiction
Jurisdiction when a person/business is in their geographical area
in rem jurisdiction
Jurisdiction when property is in their geographical area
long arm statute
Jurisdiction used for non residents/parties are based on minimum contacts with a state
Diversity of Citizenship Jurisdiction
federal court jurisdiction over a lawsuit between citizens of different states (or even involving a U.S.
citizen and a citizen of a different country). The ammount in controversy is greater than $75,000.
Standing
having relevance and being able to justify to a suit (dog in the hunt). only affects the individual who is
involved
Motion for Summary Judgement
motion requesting the court to decide without a trial. Rarely granted but can be done if no facts are in
dispute. (no jury). skip the trial and go directly to the decision
Discovery
when opposing parties obtain info from each other to prepare for trial
Subpoena testificandum (Discovery)
(to testify) is an ordinary subpoena. It is a writ, or order, compelling a witness to appear at an agency
hearing.
Subpoena duces tecum (Discovery)
(bring it with you) compels an individual or organization to hand over books, papers, records, or
documents to the agency.
Deposition (Discovery)
oral questioning under oath (pre-trial) (whittnesses)
Interrogatories (Discovery)
written questioning under oath
Default Judgment
a judgement entered by a court against a defendant who has failed to appear in court to answer or
defend against the plaintiff's claim
