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BLAW 3391-Exam 1 Questions And Well Elaborated Answers.
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Applications of Law - correct answer -Personal (food regulations, traffic laws, property rights) -Business (zoning ordinances, safe working conditions, licensing exams) -Government (funding for low-income housing or building roads) Secondary sourc...

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  • August 10, 2024
  • 21
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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BLAW 3391-Exam 1

Applications of Law - correct answer -Personal (food regulations, traffic laws,
property rights)

-Business (zoning ordinances, safe working conditions, licensing exams)

-Government (funding for low-income housing or building roads)



Secondary sources of law - correct answer A publication that summarizes or
interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review



Primary sources of law - correct answer A document that establishes the law
on a particular issue, such as a constitution, statute, administrative rule, or a court decision



Constitutional Law - correct answer The body of law derived from the U.S
Constitution and the constitutions of the various states



Statutory Law - correct answer The body of law enacted by legislative bodies
(as opposed to constitutional law, administrative law, or case law)



Citation - correct answer A reference to a publication in which a legal
authority-such as a statute or a court decision-or other source can be found



Ordinance - correct answer A regulation enacted by a city or county legislative
body that becomes part of that state's statutory law



Uniform Law - correct answer A model law developed by the National
Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute



Uniform Commercial Code (UCC) - correct answer One of the most important
uniform acts. Facilitates commerce among the states by providing a uniform, yet flexible, set of rules

,governing commercial transactions. Was created through the joint efforts of the NCCUSL and the
American Law Institute in 1952.



Case Law - correct answer The rules of law announced in court decisions. Case
law interprets statutes, regulations, constitutional provisions, and other case law



Common Law - correct answer The body of law developed from custom or
judicial decisions in English and U.S. courts, not attributable to a legislature



Precedent - correct answer A court decision that furnishes an example or
authority for deciding subsequent cases involving identical or similar facts



Stare Decisis - correct answer A common law doctrine under which judges are
obligated to follow the precedents established in prior decisions



Binding Authority - correct answer Any source of law that a court must follow
when deciding a case



Brown v. Board of Education of Topeka - correct answer United States
Supreme Court expressly overturned precedent when it concluded that separate educational facilities
for whites and blacks, which had been upheld as constitutional in numerous previous cases, were
inherently equal.



Persuasive Authority - correct answer Any legal authority or source of law that
a court may look to for guidance but need not follow when making its decision



Remedy - correct answer The relief given to an innocent party to enforce a
right or compensate for the violation of a right



Plaintiff - correct answer One who initiates a lawsuit



Defendant - correct answer One against whom a lawsuit is brought or the
accused person in a criminal proceeding

, Equitable Principles and Maxims - correct answer General propositions or
principles of law that have to do with fairness (equity)



Jurisprudence - correct answer The science or philosophy of law



Natural Law - correct answer The oldest school of legal thought, based on the
belief that the legal system should reflect universal ("higher") moral and ethical principles that are
inherent in human nature



Legal Positivism - correct answer A school of legal thought centered on the
assumption that there is no law higher than the laws created by a national government. Laws must be
obeyed, even if they are unjust, to prevent anarchy



Historical School - correct answer A school of legal thought that looks to the
past to determine what the principles of contemporary law should be



Legal Realism - correct answer A school of legal thought that holds that the
law is only one factor to be considered when deciding cases and that social and economic circumstances
should also be taken into account



Substantive Law - correct answer Law that defines, describes, regulates, and
creates legal rights and obligations



Procedural Law - correct answer Law that establishes the methods of
enforcing the rights established by substantive law



Cyberlaw - correct answer An informal term used to refer to all laws governing
electronic communications and transactions, particularly those conducted via the internet



Civil Law - correct answer The branch of law dealing with the definition and
enforcement of all private or public rights, as opposed to criminal matters

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