LAW 2221 Final Exam – Troy University – 2026 – Study and Practice Guide
Natural Law Theory - ANS✔✔ All law is based on morality and ethical matters that are present
that we should know and are inherent in all of us — subordinate to morality — moral and
ethical condition is ongoing as we discover new moral and ethical matters.
Positive Law Theory - ANS✔✔ All law is created if a recognized human authority declares it to
be so — past theorist have been those in power that will create and tell you what the law is.
Historical Law Theory - ANS✔✔ Laws that are created based on our historical beliefs and
traditions — laws will evolve based on what we see historically
Legal Realism Theory - ANS✔✔ Realist's position is that the law is based on the subjective belief
of those that are in power (i.e. court ruling) — not a representation of society, but a
demonstration of the beliefs of the individual(s) that are in power.
4 Ideas to Legal Realism - ANS✔✔ - protects powerful economic interests first
- outcome of dispute is based on Judges mood, morality, influences based on upbringing
- Judges interpret the law it should be done for the public good
- Lawyers can predict on how a Judge has ruled in the past and they will use their advantage to
select a forum wisely
Sources of Law - ANS✔✔ Constitutional Law
Statutory Law
Administration Law
Common Law
, Constitutional Law - ANS✔✔ The foundation for all other law in the United States and is the
supreme law of the land. — establishes structure for federal and state governments, the
concept of federalism, and individual civil rights.
Statutory Law - ANS✔✔ Statutes: Written laws that are passed by the federal or state legislature
and then either approved or rejected by the executive branch
Ordinances: written laws at the local level — generally regulate issues such as zoning or impose
health and safety regulations
Plan Meaning Rule: clear and widely understood meanings, the court applies the statute in
accordance with the rule
Statutory Scheme: structure of the statute and the format of its mandates in a law
Common Law - ANS✔✔ Laws made by that courts.
Administrative Law (Regulations) - ANS✔✔ Sources of law that regulates the exercise of
authority by government agencies
Civil Litigation - ANS✔✔ Refers to the dispute resolution processes of civil (non-criminal) cases
in the public courts of law — can involve breach law for contract, employment disputes,
negligence, intellectual property issues, and etc.
Alternative Dispute Resolution (ADR) - ANS✔✔ Refers to the non-judicial methods by which
disputes involving individuals and businesses are resolved outside of the federal or state courts
system through the help of the third parties — 2 main platforms are Meditation & Arbitration
Informal ADR - ANS✔✔ Involves the parties negotiating face-to-face or through intermediaries
to arrive at a mutually agreeable solution without the use of a formal process.
Arbitration (formal ADR) - ANS✔✔ An individual arbitrator (or a panel of arbitrators) conducts a
hearing between the parties in the dispute — similar to a court hearing, but less formal —
Natural Law Theory - ANS✔✔ All law is based on morality and ethical matters that are present
that we should know and are inherent in all of us — subordinate to morality — moral and
ethical condition is ongoing as we discover new moral and ethical matters.
Positive Law Theory - ANS✔✔ All law is created if a recognized human authority declares it to
be so — past theorist have been those in power that will create and tell you what the law is.
Historical Law Theory - ANS✔✔ Laws that are created based on our historical beliefs and
traditions — laws will evolve based on what we see historically
Legal Realism Theory - ANS✔✔ Realist's position is that the law is based on the subjective belief
of those that are in power (i.e. court ruling) — not a representation of society, but a
demonstration of the beliefs of the individual(s) that are in power.
4 Ideas to Legal Realism - ANS✔✔ - protects powerful economic interests first
- outcome of dispute is based on Judges mood, morality, influences based on upbringing
- Judges interpret the law it should be done for the public good
- Lawyers can predict on how a Judge has ruled in the past and they will use their advantage to
select a forum wisely
Sources of Law - ANS✔✔ Constitutional Law
Statutory Law
Administration Law
Common Law
, Constitutional Law - ANS✔✔ The foundation for all other law in the United States and is the
supreme law of the land. — establishes structure for federal and state governments, the
concept of federalism, and individual civil rights.
Statutory Law - ANS✔✔ Statutes: Written laws that are passed by the federal or state legislature
and then either approved or rejected by the executive branch
Ordinances: written laws at the local level — generally regulate issues such as zoning or impose
health and safety regulations
Plan Meaning Rule: clear and widely understood meanings, the court applies the statute in
accordance with the rule
Statutory Scheme: structure of the statute and the format of its mandates in a law
Common Law - ANS✔✔ Laws made by that courts.
Administrative Law (Regulations) - ANS✔✔ Sources of law that regulates the exercise of
authority by government agencies
Civil Litigation - ANS✔✔ Refers to the dispute resolution processes of civil (non-criminal) cases
in the public courts of law — can involve breach law for contract, employment disputes,
negligence, intellectual property issues, and etc.
Alternative Dispute Resolution (ADR) - ANS✔✔ Refers to the non-judicial methods by which
disputes involving individuals and businesses are resolved outside of the federal or state courts
system through the help of the third parties — 2 main platforms are Meditation & Arbitration
Informal ADR - ANS✔✔ Involves the parties negotiating face-to-face or through intermediaries
to arrive at a mutually agreeable solution without the use of a formal process.
Arbitration (formal ADR) - ANS✔✔ An individual arbitrator (or a panel of arbitrators) conducts a
hearing between the parties in the dispute — similar to a court hearing, but less formal —
