NALA CP Ch 1 Test Questions & Answers 2024/2025
Common Law - ANSWERSA system in which laws develop through the courts by case decisions.
US law is primarily based on - ANSWERSEnglish common law
Common law is generally ____________, meaning there is no centralized compilation of court opi...
Common Law - ANSWERSA system in which laws develop through the courts by case decisions.
US law is primarily based on - ANSWERSEnglish common law
Common law is generally ____________, meaning there is no centralized compilation of court opinions,
although cases are often published chronologically. - ANSWERSuncodified
Stare Decisis - ANSWERSThe proposition that when an issue has been previously considered by a court
and a ruling has been issued, the court will defer to its previous decision.
Precedent - ANSWERSThe doctrine of stare decisis
Equity Jusrisprudence - ANSWERSLaw and equity courts - the titles of pleadings - complaint = traditional
law action; petition = traditional equity action. The traditional origin of an action can affect the right to a
jury trial and the types of remedies a court can award.
At both state and federal levels, the law of the US mainly derives from the English common law in force
at the time of the _______________________ - ANSWERSAmerican Revolution
Reception statutes - ANSWERSGenerally provide that the common law of England is the foundational law
of a state to the extent that it is general and not local an dis not inconsistent with the constitution and
law of the US or the legislative acts of the states.
No formal reception statute at the _____________ level. - ANSWERSFederal
Erie Railroad Co. v. Tompkins "there is no federal general common law" - ANSWERSJustice Brandeis
, Two Theories justifying the existence and scope of federal common law - Theory One: - ANSWERSFederal
courts are vested with the implied judicial power of common-law courts to formulate persuasive
precedent.
Two Theories justifying the existence and scope of federal common law - Theory Two: -
ANSWERSSuggests the federal common law exists only to the extent that Congress has delegated to the
federal courts the power to make common law.
What is a Constitution? - ANSWERSThe fundamental principles or precedents of a nation or state, which
determine the powers and duties of the government and guarantee certain rights to the people subject
to it.
Constitutions can be either __________ or __________. - ANSWERSWritten or unwritten
In the hierarchy of the law, ___________ are at the top and all other forms of law are below it and must
conform to it. - ANSWERSconstitutions
The US Constitution provides the basic _________ of government, protects ________ _______, and is
the basis upon which all other _______ are created. - ANSWERSframework, individual rights, laws
A major concern in the drafting of the Constitution was to remedy the weaknesses of the _________ __
____________ which preceded it by strengthening the central federal government within proper
constraints. - ANSWERSArticles of Confederation
The Constitution initially focused on the _________ of the federal government and the ________ ___
_________ between the federal government and the states. - ANSWERSstructure, division of powers
During the adoption process of the US Constitution, the original document was amended to include
specific guarantees of individual rights relating to _______, ________, and the reservation of
___________ rights and powers. - ANSWERSLiberty, justice, unenumerated
How many amendments in the initial Bill of Rights? - ANSWERS10
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Bensuda. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.99. You're not tied to anything after your purchase.
