BLAW 3430 UNIT Exam 1 UPDATED
QUESTIONS AND CORRECT ANSWERS
What is Law? - CORRECT ANSWER Enforceable rules governing relationships
among individuals and between individuals and their society
Why do we have law? - CORRECT ANSWER To maintain social, political and
economic stability, to protect property, preservation of the state
Civil Law - CORRECT ANSWER Body of law governing civil or PRIVATE rights;
preponderance of evidence (EX: Smith vs Jones)
Criminal Law - CORRECT ANSWER The body of law defining offenses against the
community at large or PUBLIC, beyond a reasonable doubt (EX: State vs Jones)
Substantive Law - CORRECT ANSWER Creates, defines and regulates rights, duties
and powers
Procedural Law - CORRECT ANSWER Prescribes steps for having a right or duty
enforced
Right - CORRECT ANSWER A legally enforceable claim that another will do or will
not do a given act
Duty - CORRECT ANSWER A legal obligation that is owed or due to another and that
needs to be satisfied
Remedy - CORRECT ANSWER Means of enforcing a right or preventing a wrong
Liability - CORRECT ANSWER The legal responsibility to another or to society
, Natural Law - CORRECT ANSWER Comes from God and religious beliefs
Positive Law - CORRECT ANSWER Governmental laws: Judicial, Legislative and
Administrative law
Doctrine of Stare Decisis - CORRECT ANSWER "To stand by decisions"
Jurisdiction - CORRECT ANSWER "The power to speak law"
In Personam Jurisdiction - CORRECT ANSWER Jurisdiction over the persons
(Plaintiff vs Defendant)
In Rem Jurisdiction - CORRECT ANSWER Jurisdiction over particular PROPERTY
that is subject of suit
Quasi in rem - CORRECT ANSWER Jurisdiction over property of Defendant to satisfy
judgement
Venue - CORRECT ANSWER Specifies where suit may/must be brought
Statutes of Limitation - CORRECT ANSWER Specifies period after a claim arises
during which a plaintiff can file suit, objective is to prevent assertion of stale claims
Texas statutes of limitation - CORRECT ANSWER 1 year: Malicious prosecution,
libel, slander, or breach of promise of marriage
2 years: Most torts, including wrongful death
4 years: Breach of contract, fraud
Civil Litigation Process: Pleadings Phase - CORRECT ANSWER Plaintiff initiates
lawsuit by filing (Complaint: Federal, Petition: Texas) , Service of process (Summons:
Federal, Citation: Texas) , Defendant answers
QUESTIONS AND CORRECT ANSWERS
What is Law? - CORRECT ANSWER Enforceable rules governing relationships
among individuals and between individuals and their society
Why do we have law? - CORRECT ANSWER To maintain social, political and
economic stability, to protect property, preservation of the state
Civil Law - CORRECT ANSWER Body of law governing civil or PRIVATE rights;
preponderance of evidence (EX: Smith vs Jones)
Criminal Law - CORRECT ANSWER The body of law defining offenses against the
community at large or PUBLIC, beyond a reasonable doubt (EX: State vs Jones)
Substantive Law - CORRECT ANSWER Creates, defines and regulates rights, duties
and powers
Procedural Law - CORRECT ANSWER Prescribes steps for having a right or duty
enforced
Right - CORRECT ANSWER A legally enforceable claim that another will do or will
not do a given act
Duty - CORRECT ANSWER A legal obligation that is owed or due to another and that
needs to be satisfied
Remedy - CORRECT ANSWER Means of enforcing a right or preventing a wrong
Liability - CORRECT ANSWER The legal responsibility to another or to society
, Natural Law - CORRECT ANSWER Comes from God and religious beliefs
Positive Law - CORRECT ANSWER Governmental laws: Judicial, Legislative and
Administrative law
Doctrine of Stare Decisis - CORRECT ANSWER "To stand by decisions"
Jurisdiction - CORRECT ANSWER "The power to speak law"
In Personam Jurisdiction - CORRECT ANSWER Jurisdiction over the persons
(Plaintiff vs Defendant)
In Rem Jurisdiction - CORRECT ANSWER Jurisdiction over particular PROPERTY
that is subject of suit
Quasi in rem - CORRECT ANSWER Jurisdiction over property of Defendant to satisfy
judgement
Venue - CORRECT ANSWER Specifies where suit may/must be brought
Statutes of Limitation - CORRECT ANSWER Specifies period after a claim arises
during which a plaintiff can file suit, objective is to prevent assertion of stale claims
Texas statutes of limitation - CORRECT ANSWER 1 year: Malicious prosecution,
libel, slander, or breach of promise of marriage
2 years: Most torts, including wrongful death
4 years: Breach of contract, fraud
Civil Litigation Process: Pleadings Phase - CORRECT ANSWER Plaintiff initiates
lawsuit by filing (Complaint: Federal, Petition: Texas) , Service of process (Summons:
Federal, Citation: Texas) , Defendant answers
