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MIE 305 Exam 1 Cases/135 q’s and a’s A+ Rated
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MIE 305 Exam 1 Cases/135 q’s anda’s A+ Rated
What are Vago's purposes and functions of law, as well as the difference
between consensus and conflict perspectives? - -
-What are the objectives of a legal system? - -
-Do legal systems have to be written? - -No
-What is the significance of Llewelyn and Hoebel's The Cheyenne Way? - -
-What are the four sources of law and how do they fit, hierarchically? - -1.
Constitutions,2. Legislation,3. Common Law rules,4. Administrative
agencies.It is useful to think of these as a hierarchy of law in the order in
which they are listed above.
-What is judicial review? - -Judicial Review: the power of courts to declare
laws and executive actions unconstitutional.
-Marbury v. Madison Case important to judicial review concept? - -
Established precedent principle.
Justice Marshall enumerated a power for judicial review that had not been
established constitutionally by founding fathers.
The judiciary can decide that legislation is null, void, unconstitutional.
-How did the common law come to be and how did it spread across England?
Who or what was instrumental in its development? - -Henry II (started by
William though) began to standardize law throughout England because the
legal system was getting so clutteredThrough this, curia regis began to be
established and through precedent and judges conferring, it became more
and more standardized.
-Common law compared to what? What are alternatives to it in use in world
legal systems? - -civil-law, code-law
-What is equity? How did it develop, both in England and the US? - -Legal
remedies were often not enough to provide justice in many cases, it was so
complex, that many parties were dissuaded from pursuing damages.They
recognized many claims not recognized by common law and as such in
England they developed separately for a while before there was a formal
merger, and the US adopted this unification.
, -Order of specific performance - -A civil remedy (an order of a court) that
requires someone to perform a specific act; usually applied in contract law to
order someone to complete a contract.
-restraining order - -court's temporary order forbidding an action
-How can modern US judges make decisions between law and/or equity, and
under what circumstances? - -Equity is a last resort, if something can be
paid in money damages, it needs to be paid in money damages.
-How do judges approach their powers of equity? - -Equity is based on a
judicial assessment of fairness as opposed to the strict and rigid rule of
common law.
-Why has the U.S. experienced an "orgy of statute making" as described in
the book? - -
-What is the difference between primary and secondary authority? - -
-What is the difference between controlling and persuasive authority? - -
-Do differences between primary and secondary and persuasive and
controlling change depending on what court one is in? - -
-What is a Restatement of the law, or model (uniform) legislation? - -
-What do we mean by judicial federalism? - -
-How many separate court systems do we have in the American legal
system? - -
-How would you characterize the respective caseloads of civil and criminal
courts in the US between state and federal courts? - -
-What is geographical jurisdiction? - -
-What is subject matter jurisdiction? - -
-What are the basic structures of state and federal judicial systems? - -
-What is the difference between appeal of right and a discretionary appeal? -
-
-How are federal judicial districts and circuits determined and what are the
rules for creating them? - -
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