Exam (elaborations)
MIE 305 KUZENSKI 1ST EXAM QUESTIONS AND ANSWERS 2024
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MIE 305 KUZENSKI 1ST EXAM QUESTIONS AND ANSWERS 2024
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MIE 305 KUZENSKI 1ST EXAMPrimary Source of Law
Document that establishes the law on a particular issue
Secondary Source of Law
publication that summarizes or interprets the law
Constitutional Law
Body of law derived from the US constitution
Statutory Law
(state law) body of law enacted by legislative bodies
Administrative Law
laws which consist of rules for administrative agencies
Case Law
rules of law announced in court decisions
Common Law Tradition
,American law is based on English legal system
Stare Decisis
Judges are obligated to follow precedents
Binding Authority
source of law that a court must follow when deciding a case
Persuasive Authority
legal authority or source of law that a court may look to for guidance but need
not follow when making its decision
Remedy
relief given to an innocent party to enforce a right or compensate for the violation
of a right
Jurisprudence
science or philosophy of law
Natural Law
legal system should reflect universal ("higher") moral and ethical principals in
human nature
, Legal Positivism
Laws must be obeyed, even if they are unjust, to prevent anarchy
Historical School of Law
looks to the past to determine what the principles of contemporary law should be
Legal Realism
law is the only factor to be considered when deciding cases
Judicial Review
process in which court decides on the constitutionality of legislative enactments
and actions of the executive branch
Jurisdiction
the authority of a court to hear and decide a specific case
Long arm statute
a state statute that permits a state to exercise jurisdiction over nonresident
defendants
Federal Question
question that pertains to the US Constitution, an act of congress, or a treaty and
provides a basis for federal jurisdiction in a case
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