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BLAW 3391 TTU Exam 1 Questions With Verified Answers

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BLAW 3391 TTU Exam 1 Questions With Verified Answers Laws rules governing relationships among individuals and between individuals and their society. Priorities of Law? (Highest to lowest) Federal Constitution Federal Statutes State Constitution State Statutes Local Ordinances Conflict ...

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  • June 28, 2024
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  • 2023/2024
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BLAW 3391 TTU Exam 1 Questions With
Verified Answers
Laws
rules governing relationships among individuals and between individuals and their society.


Priorities of Law? (Highest to lowest)
Federal Constitution
Federal Statutes
State Constitution
State Statutes
Local Ordinances
Conflict
Order of precedence


Agencies
created by legislatures and make their own rules which have the legal force of statutory law. (ex: IRS).
Carry out all functions of the federal government (legislative, executive, judicial)


Common Law
- The earliest version of law
- Laws adopted when US was a part of Britain
- The body of law developed from custom or judicial decisions in English and U.S. courts, not
attributable to a legislature.


Precedent
When courts follow and apply principles from previous cases to current court cases


Criminal Law
rules governing relationships between individuals and society


Civil Law
rules governing relationships between two individuals


stare decisis
"to stand on decided cases"; practice of deciding new cases with reference to precedent from
previous cases


Remedy
The relief given to an innocent party to enforce a right or compensate for the violation of a right
(usually involving money)


Remedies at law
money damages or equitable damages


Equitable Remedies
-injunction, specific performance, and contract recession.

, -when damages cannot be covered with monetary remedies.


in personam jurisdiction
Jurisdiction when a person/business is in their geographical area


in rem jurisdiction
Jurisdiction when property is in their geographical area


long arm statute
Jurisdiction used for non residents/parties are based on minimum contacts with a state


Diversity of Citizenship Jurisdiction
federal court jurisdiction over a lawsuit between citizens of different states (or even involving a U.S.
citizen and a citizen of a different country). The ammount in controversy is greater than $75,000.


Standing
having relevance and being able to justify to a suit (dog in the hunt). only affects the individual who is
involved


Motion for Summary Judgement
motion requesting the court to decide without a trial. Rarely granted but can be done if no facts are in
dispute. (no jury). skip the trial and go directly to the decision


Discovery
when opposing parties obtain info from each other to prepare for trial


Subpoena testificandum (Discovery)
(to testify) is an ordinary subpoena. It is a writ, or order, compelling a witness to appear at an agency
hearing.


Subpoena duces tecum (Discovery)
(bring it with you) compels an individual or organization to hand over books, papers, records, or
documents to the agency.


Deposition (Discovery)
oral questioning under oath (pre-trial) (whittnesses)


Interrogatories (Discovery)
written questioning under oath


Default Judgment
a judgement entered by a court against a defendant who has failed to appear in court to answer or
defend against the plaintiff's claim

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