BLAW 3391 TTU Exam 1 (Mcinturff)
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)
Common Law
- The earliest version of law
- Laws adopted when US was a part of Britain
- Applies principles and precedents through different but was never record
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)
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 contracts 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)
Standing
having relevance and being able to justify to a suit (dog in the hunt)
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)
Discovery
when opposing parties obtain info from each other to prepare for trial
Deposition (Discovery)
oral questioning under oath (pre-trial)
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
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)
Common Law
- The earliest version of law
- Laws adopted when US was a part of Britain
- Applies principles and precedents through different but was never record
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)
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 contracts 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)
Standing
having relevance and being able to justify to a suit (dog in the hunt)
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)
Discovery
when opposing parties obtain info from each other to prepare for trial
Deposition (Discovery)
oral questioning under oath (pre-trial)
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
