LSB 3213 Exam 1 Okstate Study Guide with Complete Solutions
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Module
LSB 3213
Institution
LSB 3213
LSB 3213 Exam 1 Okstate Study Guide
with Complete Solutions
Constitutional Law - Answer️️ -Supreme law that is the trump card.
Federal government and the states have separate written constitutions that
set forth the general organization, powers, and limits of the respective
governments. La...
LSB 3213 Exam 1 Okstate Study Guide
with Complete Solutions
Constitutional Law - Answer✔️✔️-Supreme law that is the trump card.
Federal government and the states have separate written constitutions that
set forth the general organization, powers, and limits of the respective
governments. Law as expressed in these constitutions. If a law violates a
provision of the constitution, it will be declared unconstitutional.
Statutory Law - Answer✔️✔️-created & passed by legislative bodies that
have been elected (also includes local ordinances). A federal statute applies
to all states, but a states statute only applies within states borders.
Regulations & Rules (Administrative Law) - Answer✔️✔️-Created by
government agencies who are appointed (ex. FDA., water safety) held in
lower regard than statutes. Rules, orders, and decisions of federal, state,
and local administrative agencies.
Common Law - Answer✔️✔️-Common law is defined as a body of legal
rules that have been made by judges as they issue rulings on cases, as
opposed to rules and laws made by the legislature or in official statutes. An
example of common law is a rule that a judge made that says that people
have a duty to read contracts.
Criminal Law - Answer✔️✔️-wrongs committed against society as a whole.
prosecuted by public officials on behalf of the public as a whole, not just
the victim. Only in criminal law will defendant ever face the possibility of
imprisonment. Plaintiff is an authority.
Civil Law - Answer✔️✔️-relates to issues between persons or between
persons and their government when relief is sought for violation of
personal rights. Only monetary damages or equitable remedies are
awarded.
Stare Decisis - Answer✔️✔️-"to stand on decided cases" requires judges to
follow precedent established in their jurisdictions (court has to follow its
own rules). Judges must follow the decisions in their own jurisdiction, they
should not overturn their own precedents unless compelling reason, judges
in lower courts must follow decisions from higher, decisions from courts
outside a judge's jurisdiction do not have to be followed.
Plaintiff (or petitioner) - Answer✔️✔️-party initiating the lawsuit
Defendant (or respondent) - Answer✔️✔️-the party against whom a lawsuit
is brought. (lawsuits frequently involve more than one plaintiff and/ or
defendant.)
Majority opinion of the Supreme Court: - Answer✔️✔️-view supported by
the majority (the winners)
Plurality Opinion - Answer✔️✔️-A court opinion that results when a
majority of justices agree on a decision in a case but do not agree on the
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