Exam (elaborations)
INTRODUCTION TO THE AMERICAN LEGAL SYSTEM.
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INTRODUCTION TO THE AMERICAN LEGAL SYSTEM.INTRODUCTION TO THE AMERICAN LEGAL SYSTEM.
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INTRODUCTION TOTHE AMERICAN
LEGAL SYSTEM
(FIRST EXAM)
WITH ALL
ANSWERS
CORRECT
, Common Law - correct answer-law that is created by the courts, based on current
conduct, made with specific example, two sides argue about it in front of judge, law
applies to those 2 parties
Precedent - correct answer-one or more prior court decisions, judge can use
precedent to help decide case
Stare Decisis - correct answer-doctrine stating that normally once court has decided
one way on a particular issue, it and other courts in the same jurisdiction will decide
the same way on that issue in future cases given a similar set of facts, unless they
can be convinced of the need for change
Holding - correct answer-in a case brief, the court's answer to the issue presented to
it/ the new legal principle established by a court opinion
Dictum - correct answer-statement in a judicial opinion not necessary for the decision
of the case
Majority Opinion - correct answer-opinion in which a majority of the court joins
Concurring Opinion - correct answer-opinion that agrees w/ the majority's result but
disagrees with its reasoning
Dissenting Opinion - correct answer-opinion that disagrees w/ the majority's decision
and reasoning
United States Constitution - correct answer-drafted in 1787, ratified in 1789;
established structure of the fed'l gov't and the relationship b/w the fed'l and state
gov'ts
Federalism - correct answer-system of gov't in which the authority to govern is split
b/w single, nationwide central gov't and several regional gov'ts that control specific
geographical areas
Supremacy Clause (fed v. states) - correct answer-in article VI, sec 2 of Constitution,
fed'l gov't has enumerated powers in constitution and when executing them, fed'l
gov't prevails over states
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