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BLAW Exam 1 questions well answered
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BLAW Exam 1 questions well answered
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BLAW Exam 1Substantive Law - correct answer ✔✔states rights and duties of persons and entities.
Procedural Law - correct answer ✔✔procedural law describes means for applying substantive law by the
courts including where cases should be filed, what evidence will be admissible and whether a jury will
hear a case as well as grounds for appeal.
Written Enactment - correct answer ✔✔is law created by federal, state and local legislative entities
Common Law - correct answer ✔✔is law created and applied by appellate courts by judges appointed
(federal) and elected (many states) by voters. Common law is created and modified by appellate courts
in response to disputes where no written enactment exists for resolving the disputes.
Civil Law - correct answer ✔✔Describes the rights and duties of individuals and enterprises as well as
governmental entities
How is Civil Law created? - correct answer ✔✔results from written enactment by legislative action as
well as common law created by appellate courts.
Who may enforce Civil Law? - correct answer ✔✔Individuals and entities can bring claims
Crimes - correct answer ✔✔are acts against society
Who creates criminal law? - correct answer ✔✔No crime exists except as stated in written enactment
enacted by a legislative entity.
Crimes are classifed as - correct answer ✔✔misdemeanors and felonies
Felonies - correct answer ✔✔punishable by more than a year in prison
, Misdemeanor - correct answer ✔✔punishable up to a year in county jail
Who may bring governmental action? - correct answer ✔✔Only a governmental entity
Trial Courts - correct answer ✔✔find facts and apply law created
Appellate courts - correct answer ✔✔review application of law to the facts as found by a trial court and
create or interpret law as necessary in order to reach a decision.
What usually occurs if an appellate court requires facts in addition to those found by a trial court in order
to render a decision in a case on appeal? - correct answer ✔✔the appellate court will usually remand
the case back to the trial court with instructions for fact finding.
Obtaining review in the U.S Supreme Court - correct answer ✔✔Review by writ of certiorari is at the
discretion of the court. The vote of four justices is required to grant the writ although nine justices sit on
the court.
Doctrine of Stare Decisis - correct answer ✔✔influences decision making by the courts. Facilitates
predictability, consistency and uniformity in the law. (precedent) Applicable in applying and interpreting
written enactment as well as in applying and creating common law.
State Courts - correct answer ✔✔apply state law and federal law except where federal law prohibits
Federal Courts - correct answer ✔✔federal courts apply State and Federal Law
Which State's law is applicable where plaintiff and defendant operate businesses or reside in different
states? - correct answer ✔✔Conflict of Laws. Generally the Law of the state that has the most significant
relationship to the controversy will be applicable.
Which State's courts can be used? - correct answer ✔✔Long Arm Statutes. Plaintiff who has a claim
against a defendant residing or doing business in another state to file in a court in the state where the
plaintiff resides.
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