EXAM 1 STUDY GUIDE 2026/2027
COMPLETE QUESTIONS WITH
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1. What are the four sources of law? - ANSWER ✔ Constitutional Law,
Common Law (Stare Decisis), Statutory Law, Administrative Law
2. Common Law (Stare Decisis) - ANSWER ✔ A legal principle that requires
courts to respect prior decisions, generally stand by them, and not disturb the
law unless necessary
3. Constitutional Law - ANSWER ✔ The law relevant to the Constitution of
the United States and to state constitutions
4. Statutory Law - ANSWER ✔ Laws (legislation or codes) created by
legislators at the state and federal levels
5. Administrative Law - ANSWER ✔ The body of law created by
administrative agencies (in the form of rules, regulations, orders, and
decisions) in order to carry out their duties and responsibilities.
,6. Doctrine of Supremacy - ANSWER ✔ A doctrine based on the supremacy
clause in the U.S. Constitution stating that the U.S. and state constitutions
and federal legislation are superior to common law and state legislation
7. Administrative Agencies - ANSWER ✔ Governmental agencies that have
the authority to create laws, rules, and regulations to carry out the
responsibilities of government
8. Rules and Regulations - ANSWER ✔ Policies or principles that are publicly
agreed on and that govern an activity or organization
9. Criminal Law - ANSWER ✔ The body of law that identifies what behavior
is criminal and stipulates penalties for violations. Standard of proof is
"beyond a reasonable doubt." Government vs Private Party
10.Civil Law - ANSWER ✔ A category of law in which monetary damages are
often claimed because of an act or failure to act by another that results in
harm to persons or property. Plaintiff vs Defendant
11.Complaint - ANSWER ✔ A formal accusation of wrongdoing brought by a
plaintiff against a defendant in a legal case
12.Breach of Warranty - ANSWER ✔ The failure to uphold an express or
implied promise to abide by certain terms and conditions relevant to the sale
or lease of goods
13.Contractual Remedies - ANSWER ✔ Ways in which contract law can be
applied to resolve a wrong done to a plaintiff
,14.Express Warranty - ANSWER ✔ An express agreement (spoken or in
writing) that the product will be of a certain quality and type, as well as
other agreed-upon provisions
15.Uniform Commercial Code (UCC) - ANSWER ✔ A lengthy document,
adopted in 49 U.S. states, that provides a uniform set of rules relevant to the
sale of goods (contracts)
16.Implied Warranty of Fitness - ANSWER ✔ An implied promise by the seller
that the product is appropriate for the particular purpose for which it was
sold
17.Implied Warranty of Merchantability - ANSWER ✔ An implied promise by
the seller that the product is reasonably appropriate for the general purpose
for which it was sold
18.Manufacturing Defect - ANSWER ✔ A defect that occurs during, or is
associated with, the manufacture of a product
19.Which of the following is NOT a source of law? - ANSWER ✔ Secondary
authority
20.The doctrine of stare decisis means what? - ANSWER ✔ Courts must follow
precedent
21.What are the four elements of negligence? - ANSWER ✔ Duty, Breach,
Causation, Damages
, 22.If a coach fails to provide water breaks in extreme heat and an athlete
collapses, which element is most clearly breached? - ANSWER ✔ Breach
23.If a plaintiff cannot prove causation, what happens to the negligence claim? -
ANSWER ✔ It fails / is dismissed
24.A spectator slips on a freshly mopped floor with no warning sign. What was
most likely breached? - ANSWER ✔ Standard of care
25.What is the statute of limitations for negligence in Florida? - ANSWER ✔ 4
years
26.What negligence system does Florida follow? - ANSWER ✔ Modified
comparative negligence
27.Signing a waiver before participating is what type of assumption of risk? -
ANSWER ✔ Express assumption of risk
28.A waiver generally cannot protect against what? - ANSWER ✔ Gross
negligence
29.What duty is owed to an invitee? - ANSWER ✔ Inspect, warn, and make
safe
30.A social guest is classified as what under premises liability? - ANSWER ✔
Licensee