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BlAW Exam module 1 Exam Questions and Answers
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BlAW Exam module 1 Exam Questions and Answers
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BlAW Exam module 1 ExamQuestions 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
- curia regis - - After Norman conquest of England in 1066- William the
Conqueror established King's courts
- ethical behavior - - how do we expect people (individuals/ corporate
leaders) to act
- contract law, tort law, employment law, intellectual property - - 4 ways
laws reflect ethical norms
- contract law - - keep your promise
- tort law - - Act carefully - don't steal - don't lie
- employment law - - make decisions based on performance not
membership in protected class
- intellectual property - - encourage innovation
- Who create common law? - - judges and precedent
- precedent - - courts will stand by earlier/previous decisions
- stare decisis - - 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 - - common law v. statutes/ legislation
- case law - - 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 - - the person who files the lawsuit
, - preponderance of evidence - - In civil cases what kind of evidence must a
plaintiff prove?
- service - - notice to defendant
- defendant - - the person who lawsuit is file against; person defending his
or her actions
- adversary system - - 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 - - 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 - - Difference between civil and criminal law
- remedy at law - - money damages; dispensed by juries
- remedy in equity - - only awarded when no adequate remedy at law;
dispensed by judges
- Bill of Rights - - First 10 amendments to the Constitution
- 1st Amendment - - 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 - - a court of law where cases are tried in the first place
- appellate court - - 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 - - a person who applies to a higher court for a reversal
of the decision of a lower court.
- federal courts - - courts of limited subject matter jurisdiction, meaning
they can adjudicate (hear and decide) only certain types of cases
- state courts - - courts that have general subject matter jurisdiction
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