LEGL 2700 Test 1 Study Guide
Law - correct answer-a body of rules laid down by the state and backed up by enforcement
Rule of Law - correct answer-a system in which laws that are made are generally and
equally applicable to all or most members of society and they apply to various groups in the
same way
Property - correct answer-a legal fence that allows you to exclude others from something
without your permission
Administrative and Regulatory Law - correct answer-concerns public laws that protect, tax,
regulate, or redistribute an owner's resources
Constitutional Law - correct answer-establishes the framework of the state whose purpose is
to protect property in its broadest sense
Contract Law - correct answer-determines how resources, including labor, are exchanged
between owners
Criminal Law - correct answer-provides protection for private resources and punishes those
who harm them
Law of Business Organizations - correct answer-identifies how individuals can own and use
private resources in groups; includes corporate governance
Tort Law - correct answer-protects and compensates owners through private civil lawsuits
when their resources, including those they have in themselves, are wrongfully harmed by the
actions of others
Federal Law - correct answer-U.S. Constitution (and Amendments)
Legislation (Statutes of Congress)
Federal Administrative Regulation
State Law - correct answer-State Constitution
Legislation (State Statutes)
State Administrative Regulation
Local Ordinances
Orders/Opinions - correct answer-decisions made by judges on legal issues
Precedents - correct answer-opinions become precedents for future cases involving similar
facts and legal issues
Stare Decisis - correct answer-judges follow precedents whenever possible, which ensures
certainty and predictability in the law
, Remedy - correct answer-the right of an individual to take another person's resources
because that person has failed to meet the requirements of the law
Crime - correct answer-public wrong against society
- punishment: death, imprisonment, fine, removal, disqualification
Breach of Contract - correct answer-failure to perform contractual promise
- punishment: compensatory or consequential damages (money), specific performance
Tort - correct answer-civil wrong (other than breach of contract) that is intentional,
negligence, or strict liability
- punishment: compensatory damages (money), punitive damages (exemplary damages)
Judges - correct answer-individuals who operate trial courts and intermediate appellate
courts
Justices - correct answer-individuals who operate highest appellate (reviewing courts)
Jurors - correct answer-fact-finding body (trial by jury is guaranteed by the Bill of Rights [6th
and 7th Amendments])
Petit Jury - correct answer-trial jury that returns a verdict in criminal and civil cases; consists
of 12 people and decisions must be unanimous
Lawyers - correct answer-counselor, advocate, and public servant
Appellate Courts - correct answer-review the results of lower courts
Trial Courts - correct answer-posses general jurisdiction on issues regarding law and equity
Judicial Review - correct answer-ultimate power to invalidate actions by the president or the
Congress
Judicial Restraint - correct answer-- power should not be used except in unusual cases
- favors a very limited role for the courts in the system of government
- believes that change in society should result from the political process
Judicial Activism - correct answer-- power should be used when the needs of society justify
its use
- favors a more expansive role for the courts in system of government
- courts are more result conscious and place less reliance on precedent
Litigation - correct answer-the process that helps the business community resolve actual
disputes
Plaintiff - correct answer-party who files a civil action
Law - correct answer-a body of rules laid down by the state and backed up by enforcement
Rule of Law - correct answer-a system in which laws that are made are generally and
equally applicable to all or most members of society and they apply to various groups in the
same way
Property - correct answer-a legal fence that allows you to exclude others from something
without your permission
Administrative and Regulatory Law - correct answer-concerns public laws that protect, tax,
regulate, or redistribute an owner's resources
Constitutional Law - correct answer-establishes the framework of the state whose purpose is
to protect property in its broadest sense
Contract Law - correct answer-determines how resources, including labor, are exchanged
between owners
Criminal Law - correct answer-provides protection for private resources and punishes those
who harm them
Law of Business Organizations - correct answer-identifies how individuals can own and use
private resources in groups; includes corporate governance
Tort Law - correct answer-protects and compensates owners through private civil lawsuits
when their resources, including those they have in themselves, are wrongfully harmed by the
actions of others
Federal Law - correct answer-U.S. Constitution (and Amendments)
Legislation (Statutes of Congress)
Federal Administrative Regulation
State Law - correct answer-State Constitution
Legislation (State Statutes)
State Administrative Regulation
Local Ordinances
Orders/Opinions - correct answer-decisions made by judges on legal issues
Precedents - correct answer-opinions become precedents for future cases involving similar
facts and legal issues
Stare Decisis - correct answer-judges follow precedents whenever possible, which ensures
certainty and predictability in the law
, Remedy - correct answer-the right of an individual to take another person's resources
because that person has failed to meet the requirements of the law
Crime - correct answer-public wrong against society
- punishment: death, imprisonment, fine, removal, disqualification
Breach of Contract - correct answer-failure to perform contractual promise
- punishment: compensatory or consequential damages (money), specific performance
Tort - correct answer-civil wrong (other than breach of contract) that is intentional,
negligence, or strict liability
- punishment: compensatory damages (money), punitive damages (exemplary damages)
Judges - correct answer-individuals who operate trial courts and intermediate appellate
courts
Justices - correct answer-individuals who operate highest appellate (reviewing courts)
Jurors - correct answer-fact-finding body (trial by jury is guaranteed by the Bill of Rights [6th
and 7th Amendments])
Petit Jury - correct answer-trial jury that returns a verdict in criminal and civil cases; consists
of 12 people and decisions must be unanimous
Lawyers - correct answer-counselor, advocate, and public servant
Appellate Courts - correct answer-review the results of lower courts
Trial Courts - correct answer-posses general jurisdiction on issues regarding law and equity
Judicial Review - correct answer-ultimate power to invalidate actions by the president or the
Congress
Judicial Restraint - correct answer-- power should not be used except in unusual cases
- favors a very limited role for the courts in the system of government
- believes that change in society should result from the political process
Judicial Activism - correct answer-- power should be used when the needs of society justify
its use
- favors a more expansive role for the courts in system of government
- courts are more result conscious and place less reliance on precedent
Litigation - correct answer-the process that helps the business community resolve actual
disputes
Plaintiff - correct answer-party who files a civil action
