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BLAW Pleasant Exam 1 TTU well answered to pass
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BLAW Pleasant Exam 1 TTU well answered to pass
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BLAW Pleasant Exam 1 TTUPrimary Source of Law - correct answer ✔✔a document that *establishes the law* on a particular issue,
such as constitution, a statute, an administrative rule, or a court decision.
Constitutional Law (4 sources of law) - correct answer ✔✔law based on documents setting forth for the
general organizations, powers, and limits of the government.
Executive Orders - correct answer ✔✔Legally binding directive from the president.
Treaties - correct answer ✔✔written agreements by 2 or more countries.
-becomes legally binding when approved by 2/3 of the senate.
Statutory Law (4 sources of law) - correct answer ✔✔-laws enacted by legislative bodies at any level of
government, such as statutes passed by congress or by any state legislatures.
Ordinance - correct answer ✔✔law passed by a local government, such as city council.
Administrative Law (4 sources of law) - correct answer ✔✔the body of rules, regulations and decisions
created by administrative agencies.
Uniform Commercial Code (UCC) - correct answer ✔✔-Set of laws that govern various *commercial
transactions* and are designed to bring *uniformity* to state law.
-prepared in 1952 and took over 15 years and all 50 states have adopted it.
Case Law (4 sources of law) - correct answer ✔✔-the rules of law announced in court decisions.
-interprets statutes, regulations, constitutional provisions, etc.
,-governs all areas not covered by statutory or administrative law and is part of our common law
tradition.
Common Law - correct answer ✔✔-the body of law developed from custom or judicial decisions in
English and U.S. courts, not attributable to legislature.
Precedent - correct answer ✔✔a court decision that furnished an example or authority for deciding
subsequent cases involving identical or similar legal principles or facts.
Reporters - correct answer ✔✔court decisions are published in books and called ___________________.
Citation - correct answer ✔✔Names of parties, volume number, name of the reporter, beginning page
number.
Stare Decisis - correct answer ✔✔means "to stand on deciding cases"
Binding Authority - correct answer ✔✔any source of law that a court must follow when deciding a case.
Federal Statute - correct answer ✔✔applies to all states
State Statute - correct answer ✔✔statutes enacted by state legislatures
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.
-state legislature has to adopt the uniform law to make it a law in that particular state.
Plaintiff - correct answer ✔✔the party who *begins* a lawsuit by filing a complaint in the appropriate
court. (*offense*)
,Defendant - correct answer ✔✔the party *against* whom a lawsuit is brought and from whom recovery
is sought or who is *charged* with a violation of the law. (*defense*)
Substantive Law - correct answer ✔✔all laws that define, describe, regulate, and create legal rights and
obligations.
-ex: state law that provides employees the right to workers compensation for on the job injuries because
it *creates legal rights*
Procedural Law - correct answer ✔✔all laws that establish the methods of enforcing the rights
established by substantive law.
-Ex: establishes the method by which an employee must notify the employer about an on-the-job injury,
prove the injury, and periodically submit additional proof to continue receiving workers comp.
Civil Law - correct answer ✔✔-spells out the rights and duties that exist between individuals and
between persons and their governments.
-includes the law of property, contract, and torts.
Criminal Law - correct answer ✔✔-has to do with the wrongs committed against society and the
regulation of criminal activity.
-criminal defendants are prosecuted by public officials on behalf of the state, not by victims or other
private parties.
National Law - correct answer ✔✔the law of a particular nation
International Law - correct answer ✔✔applies to more than one nation
Difference between National and International Law? - correct answer ✔✔-difference is that government
authorities can enforce national law.
, Judicial Review - correct answer ✔✔the process by which a court decides on the constitutionality of
legislative enactments and actions of the *executive branch*.
Jurisdiction - correct answer ✔✔-the authority of a court to hear and decide a case.
-three different types.
-"the power to speak the law"
Original Court Jurisdiction - correct answer ✔✔-the first court that can hear a case.
-State System: County and District courts.
-Federal System: District Courts
Appellat Jurisdiction - correct answer ✔✔-power to review previous decisions.
-there are *NO* trials at this level.
-questions of *law* instead of questions of fact.
In Personam Jurisdiction - correct answer ✔✔-jurisdiction over the person.
-extends only over a certain geographic location.
Long Arm Statutes - correct answer ✔✔-when a court can exercise personal jurisdiction over certain out-
of-state defendants based on activities that took place within the state.
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