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LES 305 ASU, Clark Chapter 1 Legal Foundations Exam Questions and Answers

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LES 305 ASU, Clark Chapter 1 Legal Foundations Exam Questions and Answers Law - AnswerA body of rules of action or conduct prescribed by controlling authority and having legal binding force. /.Jurisprudence - AnswerThe science and philosophy of law that defines various approaches to the appr...

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LES 305 ASU, Clark Chapter 1 Legal Foundations Exam
Questions and Answers
Law - AnswerA body of rules of action or conduct prescribed by controlling authority and
having legal binding force.

/.Jurisprudence - AnswerThe science and philosophy of law that defines various
approaches to the appropriate function of law and how legal doctrines should be
developed and applied.

/.Black's Law Dictionary - AnswerThe leading legal dictionary.

/.Counsel - AnswerAnother term for attorney

/.Constitutional Law - AnswerThe body of law interpreting state and federal constitutions

/.Statutory Law - AnswerThe body of law created by the legislature and approved by the
executive branch of state and federal government.

/.Common Law - AnswerLaw that has not been passed by the legislature but rather is
made by the courts; based on the fundamentals of previous cases with similar facts.

/.Administrative Law - AnswerRefers to both the law made by administrative agencies
and the laws and regulations that govern the creation, organization, and operation of
administrative agencies.

/.Ordinances - AnswerLocal Statutes passed by local legislatures.

/.Plain Meaning Rule - AnswerThe principle that if the words in a statue have clear and
widely understood meanings, the court applies the statute; used as the initial guideline
in statutory interpretation to determine how a rule should be applied.

/.Statutory Scheme - AnswerThe structure of a statute and the format of its mandates.

/.Legislative History - AnswerThe records kept by the legislature, including the debates,
committee and conference reports, and legislative findings of fact used when creating a
law, which can be used to show the legislature's intent.

/.Citation - AnswerThe special format used by the legal community to express where a
statue or case law can be found.

/.Doctrine of Stare Decisis - AnswerThe principle that similar cases with similar facts
under similar circumstances should have similar outcomes.

, /.Precedent - AnswerApplying the law made in previous appellate court opinions to
current cases with similar facts; binding on the trial courts.

/.Secondary Sources - AnswerSources of law that have no independent authority or
legally binding effect but can be used to illustrate a point or clarify a legal issue.

/.Restatements of the Law - AnswerA collection of uniform legal principles focused in a
particular area of the law, which contains statements of common law legal principles
and rules in a given area of law.

/.Model State Statutes - AnswerStatutes drafted by legal experts to be used as a model
for state legislatures to adopt in their individual jurisdictions in order to increase the level
of uniformity and fairness across courts in all states.

/.Civil Laws - AnswerLaws designed to compensate parties for money lost as a result of
another's conduct.

/.Damages - AnswerMoney lost as a result of another's conduct.

/.Criminal laws - AnswerLaws designed to protect society that result in penalties to the
violator such as fines or imprisonment.

/.Substantive Laws - AnswerLaws that provide individuals with rights and create certain
duties.

/.Procedural Laws - AnswerLaws that provide a structure and set out rules for pursuing
substantive rights.

/.Remedies - AnswerJudicial actions, which can be monetary or equitable, taken by
courts that are intended to compensate an injured party in a civil lawsuit.

/.Equitable Relief - AnswerRelief granted in the form of either specific performance ("do
it") or an injunction ("stop" doing it") when monetary damages are insufficient due t the
unique or irreversible consequence of the breach.

/.Equitable Maxims - AnswerCommon law rules that guide courts in deciding cases and
controversies and are intended to be broad statements of rules based on notions of
fairness and justice.

/.Public Laws - AnswerLaws derived from a government entity

/.Private Laws - AnswerLaws recognized as binding between two parties even though
no specific statute or regulation provides for the rights of the parties.

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