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BLAW 3310 Exam 1|89 questions & Answers
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BLAW 3310 Exam 1|89 questions &Answers
Benefits of the law: - - provides some predictability and uniformity to the
boundaries of acceptable conduct in a society
- Key functions of the law: - - 1. Influence the behavior of the members of a
society
2. Resolve disputes within society
3. Maintain important social values
4. Provide a method for assisting social change
- The ___ ___ provides a way to bring about changes in "acceptable"
behavior. - - legal system
- Where do we get our law from? - - The U.S. Constitution
- Judicial Review: - - is the doctrine under which legislative and executive
actions are subject to review by the judiciary. A court with judicial review
power may invalidate laws and decisions that are incompatible with a higher
authority, such as the terms of a written constitution.
- What does Judicial Review accomplish? - - Acts as a check on the
legislative and executive branches
- The use of ___ in deciding current cases is a doctrine called ___ ___,
meaning "to stand on decided cases." - - precedent; stare decisis
- Under stare decisis, judges are expected to ___ ___ established rules of law.
- - stand by
- In Davis v. Baugh Industrial Contractors, the traditional common law rule
prevented a party who accepted a completed construction project from later
suing the contractor for flaws in construction that caused injury to others. In
reviewing such a case, the Washington state high court held that... - - ...the
rule was not sensible in modern times and would be dropped.
- Substantive law includes common law and statutory law that ___ and ___
legal rights and regulate behavior. - - define; establish
- Examples of substantive law: - - antitrust law, contract law, criminal law,
environmental law, labor law, securities law
, - Procedural law determines how substantive law is ___ through the ___ by
determining how a lawsuit begins, what documents need to be filed, which
court can hear the case, how the trial proceeds, and so on. - - enforced;
courts
- Examples of procedural law: - - administrative procedure, appellate
procedure, civil procedure, criminal procedure, discovery rules, evidence
rules
- Ethics, integrity, and morality concern ___ adopted standards of conduct. -
- voluntarily
- The law contains rules that are not moral or ethical but are ___ upon
people. - - imposed
- Federal judges are nominated by the ___ and confirmed by a majority vote
in the U.S. ___. - - president; Senate
- Federal judges have a ___ appointment. - - lifetime
- Under the doctrine of judicial immunity, a judge is absolutely ___ from suit
for ___ for judicial acts. - - immune; damages
- Federal courts have the judicial power to hear cases involving a ___ ___. - -
federal question
- When federal jurisdiction is based on the parties involved, most litigation is
generated by cases (1) in which the ___ ___ is a party to the suit or (2)
involving citizens of different ___. - - United States; states
- A ______ statute is a state law that permits a state's courts to reach beyond
the state's boundaries for jurisdiction over nonresident defendants. - - long-
arm
- According to the Supreme Court, a state's long arm statutes must identify
certain ___ ___ between the corporation and the state where the suit is being
filed to qualify as transacting business. - - minimum contacts
- In Rem jurisdiction: - - In lawsuits based on a dispute over property, a
court in the state where the property is located has jurisdiction to resolve
claims against that property—whether the property owner is there or not.
- When both systems (federal & state) have the power to hear a case, ___
jurisdiction exists. - - concurrent
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