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BLAW Exam 1|101 Complete Questions with Answers
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BLAW Exam 1|101 CompleteQuestions with Answers
Substantive Law - - states rights and duties of persons and entities.
- Procedural Law - - 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 - - is law created by federal, state and local legislative
entities
- Common Law - - 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 - - Describes the rights and duties of individuals and enterprises
as well as governmental entities
- How is Civil Law created? - - results from written enactment by legislative
action as well as common law created by appellate courts.
- Who may enforce Civil Law? - - Individuals and entities can bring claims
- Crimes - - are acts against society
- Who creates criminal law? - - No crime exists except as stated in written
enactment enacted by a legislative entity.
- Crimes are classifed as - - misdemeanors and felonies
- Felonies - - punishable by more than a year in prison
- Misdemeanor - - punishable up to a year in county jail
- Who may bring governmental action? - - Only a governmental entity
- Trial Courts - - find facts and apply law created
- Appellate courts - - 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? - -
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 - - 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 - - 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 - - apply state law and federal law except where federal law
prohibits
- Federal Courts - - federal courts apply State and Federal Law
- Which State's law is applicable where plaintiff and defendant operate
businesses or reside in different states? - - 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? - - 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.
- Money Damage Remedies - - compensatory, consequential, liquidated and
punitive damages.
- Compensatory Damages - - include general and specific damages.
- Consequential Damages - - are anticipated or predictable losses that
result not directly, but indirectly from events such as a breach of contract.
- Liquidated Damages - - are damages parties agree to pay in the event of a
dispute. Such provisions are often inserted in contracts.
- Punitive Damages - - are punishment damages usually awarded by a jury
for the purpose of punishing and deterring reckless, malicious or fraudulent
conduct-usually defined by tort law.
- Equitable Damages - - Injunctions, Specific Performance, Reformation of
Contract, Rescission of Contract.
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