Summary
Summary Law 1101 Midterm Review
- Course
- LAW 1101
- Institution
- Baruch College
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CHAPTER 1—----------------------------------------------1. The four sources of American law are:
a) Constitutional Law: This includes the United States Constitution and the constitutions of individual states, which establish the fundamental principles and
structure of the government.
b) Statutory Law: Statutes are laws enacted by legislative bodies, such as the U.S. Congress and state legislatures. They cover a wide range of subjects and
are organized into codes.
c) Administrative Law: Administrative agencies, empowered by the executive branch of the government, create regulations and rules that govern specific
industries, sectors, or areas of public interest. These regulations have the force of law.
d) Common Law: Common law refers to legal principles and rules that have developed over time through court decisions. It includes legal doctrines and
principles established by judges in their interpretations of statutes and previous case law.
2. Stare decisis is a Latin term meaning "to stand by things decided." It is a principle in the legal system that promotes consistency and stability by requiring
courts to follow precedents set in previous court decisions. Precedent refers to legal rulings and interpretations established in earlier cases that serve as a guide
for resolving similar legal issues in subsequent cases.
3. Binding authority refers to legal sources that courts are required to follow. This includes binding precedents set by higher courts within the same jurisdiction,
such as appellate courts or the Supreme Court. When a court encounters a legal issue that has been previously decided by a higher court, it must apply the
same legal rule or principle established in the binding precedent.
4. Persuasive authority refers to legal sources that courts are not bound to follow but can consider when making decisions. It includes legal opinions and
decisions from other jurisdictions, secondary legal authorities (such as legal treatises or law review articles), and expert opinions. While persuasive authority
does not create binding precedents, it can be used to support or influence a court's decision-making process.
5. In a legal context, a plaintiff is the party who initiates a lawsuit or brings a legal action against another party. The plaintiff is typically seeking a legal remedy
or redress for an alleged wrong or injury suffered.
6. A defendant is the party against whom a legal action or lawsuit is brought. The defendant is the party being accused or sued by the plaintiff and is required to
respond to the claims made against them in court.
7. A remedy, in legal terms, refers to the solution or relief provided by a court to address a legal dispute or violation. It is the court's way of resolving the issues
raised by the plaintiff and can take various forms, such as monetary compensation (damages), injunctions, specific performance, or declaratory judgments.
8. An equitable remedy is a type of remedy issued by a court based on principles of fairness and equity. Unlike legal remedies, which typically involve monetary
compensation, equitable remedies focus on restoring the parties to a just and equitable situation. Examples of equitable remedies include injunctions, specific
performance, rescission, or reformation of a contract.
9. Subjective law refers to laws that are based on personal or individual viewpoints, opinions, or preferences. It can involve matters of personal morality, ethics,
or subjective judgments. Procedural law, on the other hand, governs the processes and procedures to be followed in legal proceedings.
Civil law pertains to disputes between private individuals or entities, where one party seeks compensation or specific remedies from another party. Criminal
law, on the other hand, deals with offenses against the state or society, where the government brings charges against an individual accused of committing a
crime.
National law refers to laws that are specific to a particular country or jurisdiction. International law, on the other hand, deals with legal principles and rules
that govern the relationships and interactions between different nations and international entities.
Chapter 4—-------------------------------
1. The power of judicial review refers to the authority of a court to review the constitutionality and legality of laws, regulations, and actions of the government. It
allows the court to determine whether a particular law or action is in line with the provisions of the constitution. In the United States, the power of judicial review
is primarily associated with the Supreme Court.
2. Jurisdiction refers to the authority or power of a court to hear and decide a case. It establishes the court's legal authority over the parties involved and the
subject matter of the case. Jurisdiction can be based on various factors, including geographical location, subject matter, or the parties involved.
3. For a court to obtain jurisdiction over a person, certain requirements need to be met. Typically, this involves the person being physically present within the
court's territorial jurisdiction or having sufficient contacts with that jurisdiction, such as residence or conducting business within it.
4. Long arm jurisdiction is a legal concept that allows a court to exercise jurisdiction over a person or entity located outside of its territorial boundaries. It
enables a state court to assert jurisdiction over an out-of-state defendant based on the defendant's minimum contacts with the state. If a defendant has sufficient
minimum contacts with the state, such as conducting business or causing harm within it, a state court can use long arm jurisdiction to hear the case.
"Minimum contacts" refers to the requirement that a defendant must have a certain level of connection or involvement with a particular state for that state's
courts to assert jurisdiction over them. The defendant's contacts must be substantial enough to ensure fairness and due process.
5. For a court to obtain jurisdiction over a case involving property, it generally requires that the property is physically located within the court's territorial
jurisdiction. This is called in rem jurisdiction. The court's power is based on its control over the property itself rather than personal jurisdiction over the parties
involved.
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