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BLAW Exam 1 Questions and Answers
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BLAW Exam 1 Questions and Answers
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BLAW Exam 1Substantive Law - Answer -states rights and duties of persons and entities.
Procedural Law - Answer -procedural law describes means for applying substantive law by the courts
including where cases should be filed, what evidence will be admissible and whether a jury will hear a
case as well as grounds for appeal.
Written Enactment - Answer -is law created by federal, state and local legislative entities
Common Law - Answer -is law created and applied by appellate courts by judges appointed (federal) and
elected (many states) by voters. Common law is created and modified by appellate courts in response to
disputes where no written enactment exists for resolving the disputes.
Civil Law - Answer -Describes the rights and duties of individuals and enterprises as well as
governmental entities
How is Civil Law created? - Answer -results from written enactment by legislative action as well as
common law created by appellate courts.
Who may enforce Civil Law? - Answer -Individuals and entities can bring claims
Crimes - Answer -are acts against society
, Who creates criminal law? - Answer -No crime exists except as stated in written enactment enacted by a
legislative entity.
Crimes are classifed as - Answer -misdemeanors and felonies
Felonies - Answer -punishable by more than a year in prison
Misdemeanor - Answer -punishable up to a year in county jail
Who may bring governmental action? - Answer -Only a governmental entity
Trial Courts - Answer -find facts and apply law created
Appellate courts - Answer -review application of law to the facts as found by a trial court and create or
interpret law as necessary in order to reach a decision.
What usually occurs if an appellate court requires facts in addition to those found by a trial court in
order to render a decision in a case on appeal? - Answer -the appellate court will usually remand the
case back to the trial court with instructions for fact finding.
Obtaining review in the U.S Supreme Court - Answer -Review by writ of certiorari is at the discretion of
the court. The vote of four justices is required to grant the writ although nine justices sit on the court.
Doctrine of Stare Decisis - Answer -influences decision making by the courts. Facilitates predictability,
consistency and uniformity in the law. (precedent) Applicable in applying and interpreting written
enactment as well as in applying and creating common law.
State Courts - Answer -apply state law and federal law except where federal law prohibits
Federal Courts - Answer -federal courts apply State and Federal Law
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