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BLAW 3310 Exam 1 questions and answers verified answers||Latest 2024/2025
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BLAW 3310 Exam 1 questions and answers verified answers||Latest 2024/2025
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BLAW 3310 Exam 1Sources of Law - ANSconstitution, state constitutions, US law, state law
Constitution - ANSfundamental law of a nation. Establishes & limits the powers of government.
Doesn't have to be a written document
State Consitutions - ANSlike the U.S. constitution, specify how state officials are chosen and
removed, how laws are passed, how the court systems run, and in general terms, how finances
and revenues are paid and collected.
U.S. Constitution - ANSsets forth the organizational framework, powers, and limits of the federal
government. Division of government power is referred to as the separation of power
Administrative Agency - ANScreated by a delegation of legislative power to the executive
branch. enacts a law that directs the agency to issue regulations, bring lawsuits, and otherwise
act to fulfill the law's goals.
Ex. Nixon created the EPA, primary enforcer of law
Common Law - ANSa law made and applied by judges as they resolve disputes among private
parties. Foundation of agency (employment), contract, property, and tort law.
Case Law - ANSjudge follows the rules of civil procedure to determine the outcome of a
particular case, follows earlier judicial decisions that resolved similar disputes
Legal Precedent - ANSdecision in a case that is used to guide decisions in later cases with
similar fact situations
Stare Decisis - ANSOne court follows legal precedent set by the other; judges are expected to
stand by established rules of law
Plessy v. Ferguson - ANSa 1896 Supreme Court decision which legalized state ordered
segregation so long as the facilities for blacks and whites were equal
Brown v. Board of Education - ANS1954 case that overturned Separate but Equal standard of
discrimination in education.
Civil Law - ANSconcerned with the rights and responsibilities that exist among members of
society or between individuals and the government in noncriminal matters.
Criminal Law - ANSconcerns legal wrongs or crimes committed against the state
, Felony - ANSserious class of crime--such as rape, murder, or robbery-- that may be punishable
by imprisonment in excess of one year or death
Misdomeanor - ANSlesser crime that is neither a felony nor treason, punishable by a fine and/or
imprisonment in other than state or federal penitentiaries
Preponderance of the evidence (or law) - ANSstandard of proof; civil trials, the burden of
persuasion to win a verdict requires that the plaintiff prove its claim by having the majority or
bulk of the evidence on its side
Beyond a reasonable doubt - ANSstandard of proof (criminal); belief that prevents one from
being convinced of a defendant's guilt
Substantive Law - ANScommon law and statutory law that define and establish legal rights and
regulate behavior
Procedural Law - ANSdetermines how substantive law is enforced through the courts by
determining how a lawsuit begins, what documents need to be filed, which court can hear the
case, how the trial proceeds, and so on.
Judicial Immunity - ANSimmunity of a judge from civil action for official activities. It is absolute
immunity from liability that is granted to judges and court officers such as grand juries and
prosecutors and for tortious acts or omissions done within the scope of their jurisdiction or
authority. Judges can rule without fear for being sued by parties unhappy with judicial decisions
Court System in Texas - ANSCity Court for misdemeanors, code compliance. Court of law with
jurisdiction limited to a city. Deal with violations of city ordinances.
County Court at Law - ANSup to $10,000, evictions, suspension of license and in cities only
City District Court - ANSabove $100,000
Criminal District Court - ANSfelonies only
Probate Court - ANSAdministers wills and estates upon an individual's death.
Family Courts at Law - ANSCourt that deals with divorce and custody battles has exclusive
jurisdiction
Court of Appeals - ANSWhere cases that are lost go in order to try and get the ruling overturned
Texas Supreme Court - ANSThe highest civil court in Texas; consists of nine justices and has
final state appellate authority over civil cases.
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