Blaw 3391 Test #1 Exam Questions With
Verified Answers 100% Solved
Constitutional Law
1st Source of law - Federal and State Constitutions
Executive Order
Legally binding directive from the president - Ex in 1957 Eisenhower ordered federal troops to enforce
the Supreme Court's ruling to desegregate the school system
Treaty
Written Agreement between two or more countries Becomes Legally binding when they are approved
by 2/3 of the Senate
Statutory Law
2nd Source of law - the field of law involving statutes, which are laws passed by congress or by state
legislature
Ex - a. Ordinance - law passed by a local government, such as a city council
Administrative Law
3rd source of law - is the body of rules, regulations and decisions created by administrative agencies
Uniform Commercial Code
The UCC was the solution to the problem of people trading between states so that they did not have
to know the law in each state that they traded in.
The UCC was prepared in 1952 and over 15 years all 50 states adopted the UCC as part of their state
law.
UCC defined set of laws that govern various commercial transactions and are designed to bring
uniformity to state law
Case Law
the 4th and last source of law - the effects of court decisions that involve the same or similar facts.
Precedent
a court decision on which later courts rely in similar cases. Decisions made by the US supreme court
must be followed by other courts.
Citiation
names of parties, volume number, name of the reporter, and beginning page number
Jurisdiction
The authority of the court to hear and decide a case.
A court must have several types of jurisdiction to decide any particular case.
, Original jurisdiction -First
1. The first court that can hear the case
2. State system - county & district Courts
3. Federal System - District Courts
Appellate jurisdiction - First
Appeals Court answers questions of law
1. Power to review previous decisions
2. There are no trials at this level
3. Questions of law instead of questions of fact
In personam jurisdiction - Second
Jurisdiction over the person
Extends only over a certain geographic location
Long arm statues - when people go to another state but don't live there
Corporations are subject to in personam in a state which they are incorporated, have a principal office
or doing business in that state
In rem jurisdiction & Quasi applies to personam jurisdiction
Means it can reach property in another state
Cyberspace in personam
Three types of internet business contacts known as the sliding scale
1. Substational business over the internet
2. Some ineractivity through a website
3. Passive advertising
Subject Matter Jurisdiction - Third
A courts power to hear certain kinds of cases
State (broad), Federal (narrow) or Concurrent
Concurrent means both state and federal courts have jurisdiction
Concurrent jurisdiction exists in which two situations?
Federal question
Diversity of Citizenship
Verified Answers 100% Solved
Constitutional Law
1st Source of law - Federal and State Constitutions
Executive Order
Legally binding directive from the president - Ex in 1957 Eisenhower ordered federal troops to enforce
the Supreme Court's ruling to desegregate the school system
Treaty
Written Agreement between two or more countries Becomes Legally binding when they are approved
by 2/3 of the Senate
Statutory Law
2nd Source of law - the field of law involving statutes, which are laws passed by congress or by state
legislature
Ex - a. Ordinance - law passed by a local government, such as a city council
Administrative Law
3rd source of law - is the body of rules, regulations and decisions created by administrative agencies
Uniform Commercial Code
The UCC was the solution to the problem of people trading between states so that they did not have
to know the law in each state that they traded in.
The UCC was prepared in 1952 and over 15 years all 50 states adopted the UCC as part of their state
law.
UCC defined set of laws that govern various commercial transactions and are designed to bring
uniformity to state law
Case Law
the 4th and last source of law - the effects of court decisions that involve the same or similar facts.
Precedent
a court decision on which later courts rely in similar cases. Decisions made by the US supreme court
must be followed by other courts.
Citiation
names of parties, volume number, name of the reporter, and beginning page number
Jurisdiction
The authority of the court to hear and decide a case.
A court must have several types of jurisdiction to decide any particular case.
, Original jurisdiction -First
1. The first court that can hear the case
2. State system - county & district Courts
3. Federal System - District Courts
Appellate jurisdiction - First
Appeals Court answers questions of law
1. Power to review previous decisions
2. There are no trials at this level
3. Questions of law instead of questions of fact
In personam jurisdiction - Second
Jurisdiction over the person
Extends only over a certain geographic location
Long arm statues - when people go to another state but don't live there
Corporations are subject to in personam in a state which they are incorporated, have a principal office
or doing business in that state
In rem jurisdiction & Quasi applies to personam jurisdiction
Means it can reach property in another state
Cyberspace in personam
Three types of internet business contacts known as the sliding scale
1. Substational business over the internet
2. Some ineractivity through a website
3. Passive advertising
Subject Matter Jurisdiction - Third
A courts power to hear certain kinds of cases
State (broad), Federal (narrow) or Concurrent
Concurrent means both state and federal courts have jurisdiction
Concurrent jurisdiction exists in which two situations?
Federal question
Diversity of Citizenship
