BLAW 301 Exam 1 (Castle - KU) Questions and Answers
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BLAW 301 Exam 1 (Castle - KU) Questions and Answers
What is the Rule of Law?
Laws are equally applicable to everyone
What is the Law regarding property?
You have the right to exclude others from your resources
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BLAW 301 Exam 1 (Castle - KU)
Questions and Answers
What is the Rule of Law? - answer Laws are equally applicable to everyone
What is the Law regarding property? - answer You have the right to exclude others
from your resources
What is common law? - answer Judges determine the meaning of laws and how
those laws should apply
How do judges determine what is the meaning of law (for common law)? - answer by
following prior case law
What are public laws? - answer matters that involve the regulation of society
What are the types of public laws? - answer Constitutional
Administrative
Criminal
What are private laws? - answer legal issues that concern private relationships with
individuals and businesses
What are the types of private laws? - answer property
contract
tort
What is civil law? - answer Concerned with harms caused by private injury where a
plaintiff requests damages to make them whole
What is criminal law? - answer Wrongs against society where a government
representative attempts to prove the guilt of a defendant
What is substantive law? - answer Defines legals relationships - rights and duties
What are contract laws? - answer enable owners of resources to promise to
exchange resources; laws to help enforce contract
What is tort law? - answer Intentionally or negligently causes harm to another person
or business (harm where no contract)
If you harm my property, I can sue you for damages
, What is the right to accumulate wealth? - answer Exactly what it sounds like.
Provides an incentive to grow, innovate, etc. which makes us better as a society
What is constitutional law? - answer interpretation of state/federal statute
What is administrative law? - answer laws that come from administrative agencies
(like the EPA)
What is criminal law? - answer a legislative body that says this conduct is a crime
against the state; the government is always involved
Who are district attorneys? - answer Attorneys at state level bringing charges
Who are U.S. attorneys? - answer federal attorneys that deal with federal charges
What is substantive law? - answer defines how the facts in the case will be handled,
as well as how the crime is to be charged.
What is procedural law? - answer Address the means by which we enforce
substantive rights; provide structure for pursuing our right
What is the statute of limitations? - answer procedural law that says you must file a
lawsuit within a certain number of years after the event
How does the Constitution compare to other laws? - answer It is the supreme law.
Can a law, state or federal, violate the constitution? - answer Absolutely not.
Constitution is the supreme law.
What is Article 1 of the Constitution? - answer sets up the legislature (Congress)
What is Article 2 of the Constitution? - answer sets up executive branch
What is Article 3 of the constitution? - answer sets up judiciary
What are the first 10 amendments called? - answer Bill of Rights
What is common law? - answer decisions in individual cases have precendential
effect on future cases
What is Stare Decisis? - answer "Let the decision stand" (precedent)
What are the types of Stare Decisis? - answer - trial judges must follow prior case
law of appellate courts
- trial and appellate judges must follow prior case law of district
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