BlAW Exam module 1 Questions and Answers
law
rules of conduct; simply sets of rules designed to encourage or discourage behavior; tells us how society expects us to behave
sources of law
common law; curia regis
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BlAW Exam module 1 Questions and
Answers
law - answer rules of conduct; simply sets of rules designed to encourage or
discourage behavior; tells us how society expects us to behave
sources of law - answer common law; curia regis
curia regis - answer After Norman conquest of England in 1066- William the
Conqueror established King's courts
ethical behavior - answer how do we expect people (individuals/ corporate leaders)
to act
Who create common law? - answer judges and precedent
precedent - answer courts will stand by earlier/previous decisions
stare decisis - answer the doctrine that obligates courts to look at precedent when
making decisions
common pleas (state trial courts) have subject matter jurisdiction over negligence,
breach of fiduciary duty, defamation, breach of contract, state law criminal cases -
answer common law v. statutes/ legislation
case law - answer often used interchangeably with the term Common Law, refers to
the precedents and authority set by previous court rulings, judicial decisions and
administrative legal findings or rulings
plaintiff - answer the person who files the lawsuit
, preponderance of evidence - answer In civil cases what kind of evidence must a
plaintiff prove?
service - answer notice to defendant
defendant - answer the person who lawsuit is file against; person defending his or
her actions
adversary system - answer interested opposing parties debating over an issue in
order to ensure the pursuit of justice
so the equality of individuals and the government is reality rather than empty rhetoric -
answer Why do courts exist?
civil: plaintiff v. defendant; goal to collect money; preponderance of evidence
criminal: Government v. defendant; criminal needs more burden of proof than in civil -
answer Difference between civil and criminal law
remedy at law - answer money damages; dispensed by juries
remedy in equity - answer only awarded when no adequate remedy at law;
dispensed by judges
Bill of Rights - answer First 10 amendments to the Constitution
1st Amendment - answer Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to petition the
government for a redress of grievances.
trial court - answer a court of law where cases are tried in the first place
appellate court - answer the part of the judicial system that is responsible for hearing
and reviewing appeals from legal cases that have already been heard in a trial-level or
other lower court
appellant/ appellee - answer a person who applies to a higher court for a reversal of
the decision of a lower court.
federal courts - answer courts of limited subject matter jurisdiction, meaning they can
adjudicate (hear and decide) only certain types of cases
state courts - answer courts that have general subject matter jurisdiction
Common Pleas Court - answer What is the state court in Ohio called?
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