BLAW 3391 TTU Exam 1 Questions With
Verified Answers
Liability
State of being legally responsible (liable) for something. (Ex. debt or an obligation)
Primary source of law
A document that establishes the law on a particular issue, such as a constitution, a
statute, an administrative rule, or a court decision. (constitutions, statues, admin
regulations and case law)
Secondary source of law
A publication that summarizes or interprets the law, such as a legal encyclopedia, a
legal treatise, or an article in a law review.
Constitutional Law
Fundamental principles by which the government operates (therefore intentionally hard
to change). US constitution = supreme law of the land.
Statutory Law
Laws enacted by federal and state legislatures.
Uniform Laws
Model statutes for states to consider adopting, traditionally dealing with trade and
commerce.
The Uniform Commercial Code (UCC)
Facilitates commerce among the states by providing a uniform, but flexible, set of rules
governing commercial transactions. (adopted in all 50 states & DC and VI)
Administrative Law
Another important source of American law is administrative law, which consists of the
rules, orders, and decisions of administrative agencies. Affect almost every aspect of a
business' operations. (hiring/firing, relations, financing)
Case/Common Law
,The rules of law announced in court decisions. Case law interprets statutes, regulations,
constitutional provisions, and other case law. (judge-made law - flows from common law
tradition)
Precedent
Decides similar cases in similar ways; new cases treated with care because their
decisions will make new law.
Stare Decisis
Practice of deciding new cases based on precedent.
Binding Authority
A higher court's decision based on certain facts and law. (on lower courts; any source of
law that a court must follow when deciding a case)
Remedies at Law
In king's courts, remedies were restricted to damages in either money or property.
Remedies in Equity
Based on justice and fair dealing, a chancery court does what is right: specific
performance, injunction, rescission.
Plantiff
Injured party initiating the lawsuit
Defendant
Allegedly caused injury
Substantive Law
Law that defines, describes, regulates, and creates legal rights and obligations.
(principles for acceptable behavior along with prescribed punishments)
Procedural Law
Law that establishes the methods of enforcing the rights established by substantive law.
(set the rules for trials and appeals)
Civil Law
The branch of law dealing with the definition and enforcement of all private or public
rights, as opposed to criminal matters. (deals with torts - civil wrongs; private party v.
private party)
Criminal Law
, The branch of law that defines and punishes the wrongful actions committed against the
public. (gov prosecutes defendants)
Judicial Review 1
The process by which a court decides on the constitutionality of legislative enactments
and actions of the executive branch.
Judicial Review 2
A court-made doctrine that allows the Supreme Court to determine whether the actions
of the other two branches of the federal government or any action of a state government
comply with the provisions of the U.S. Constitution. (Marbury v. Madison)
Jurisdiction
Juris (law) diction (to speak) is the power of a court to hear a dispute and to "speak the
law" into a controversy and render a verdict that is legally binding on the parties to the
dispute.
Long Arm Statues
Used for non-resident parties based on "minimum contacts" with state (activities taking
place within the state); Ji-Haw Industrial Co. v. Broquet
Concurrent jurisdiction
Exists when two different courts have the power to hear a case. Party may bring suit in
either jurisdiction.
Exclusive jurisdiction
Exists when a case can be heard only in a particular court or type of court.
Venue
The geographic district in which a legal action is tried and from which the jury is
selected. (proper venue is where incident occurred)
Standing to sue
The legal requirement that an individual must have a sufficient stake in a controversy
before he or she can bring a lawsuit. (Wagner v. CitiMortgage, Inc.)
State Court System
Trial courts, appellate/reviewing courts, highest state courts.
Trial Courts
Verified Answers
Liability
State of being legally responsible (liable) for something. (Ex. debt or an obligation)
Primary source of law
A document that establishes the law on a particular issue, such as a constitution, a
statute, an administrative rule, or a court decision. (constitutions, statues, admin
regulations and case law)
Secondary source of law
A publication that summarizes or interprets the law, such as a legal encyclopedia, a
legal treatise, or an article in a law review.
Constitutional Law
Fundamental principles by which the government operates (therefore intentionally hard
to change). US constitution = supreme law of the land.
Statutory Law
Laws enacted by federal and state legislatures.
Uniform Laws
Model statutes for states to consider adopting, traditionally dealing with trade and
commerce.
The Uniform Commercial Code (UCC)
Facilitates commerce among the states by providing a uniform, but flexible, set of rules
governing commercial transactions. (adopted in all 50 states & DC and VI)
Administrative Law
Another important source of American law is administrative law, which consists of the
rules, orders, and decisions of administrative agencies. Affect almost every aspect of a
business' operations. (hiring/firing, relations, financing)
Case/Common Law
,The rules of law announced in court decisions. Case law interprets statutes, regulations,
constitutional provisions, and other case law. (judge-made law - flows from common law
tradition)
Precedent
Decides similar cases in similar ways; new cases treated with care because their
decisions will make new law.
Stare Decisis
Practice of deciding new cases based on precedent.
Binding Authority
A higher court's decision based on certain facts and law. (on lower courts; any source of
law that a court must follow when deciding a case)
Remedies at Law
In king's courts, remedies were restricted to damages in either money or property.
Remedies in Equity
Based on justice and fair dealing, a chancery court does what is right: specific
performance, injunction, rescission.
Plantiff
Injured party initiating the lawsuit
Defendant
Allegedly caused injury
Substantive Law
Law that defines, describes, regulates, and creates legal rights and obligations.
(principles for acceptable behavior along with prescribed punishments)
Procedural Law
Law that establishes the methods of enforcing the rights established by substantive law.
(set the rules for trials and appeals)
Civil Law
The branch of law dealing with the definition and enforcement of all private or public
rights, as opposed to criminal matters. (deals with torts - civil wrongs; private party v.
private party)
Criminal Law
, The branch of law that defines and punishes the wrongful actions committed against the
public. (gov prosecutes defendants)
Judicial Review 1
The process by which a court decides on the constitutionality of legislative enactments
and actions of the executive branch.
Judicial Review 2
A court-made doctrine that allows the Supreme Court to determine whether the actions
of the other two branches of the federal government or any action of a state government
comply with the provisions of the U.S. Constitution. (Marbury v. Madison)
Jurisdiction
Juris (law) diction (to speak) is the power of a court to hear a dispute and to "speak the
law" into a controversy and render a verdict that is legally binding on the parties to the
dispute.
Long Arm Statues
Used for non-resident parties based on "minimum contacts" with state (activities taking
place within the state); Ji-Haw Industrial Co. v. Broquet
Concurrent jurisdiction
Exists when two different courts have the power to hear a case. Party may bring suit in
either jurisdiction.
Exclusive jurisdiction
Exists when a case can be heard only in a particular court or type of court.
Venue
The geographic district in which a legal action is tried and from which the jury is
selected. (proper venue is where incident occurred)
Standing to sue
The legal requirement that an individual must have a sufficient stake in a controversy
before he or she can bring a lawsuit. (Wagner v. CitiMortgage, Inc.)
State Court System
Trial courts, appellate/reviewing courts, highest state courts.
Trial Courts
