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BLAW EXAM 1 (Chapters 1-4) Study Guide Solutions

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BLAW EXAM 1 (Chapters 1-4) Study Guide Solutions Constitutional Law - ANSWER-Both Federal and State Statutory Law - ANSWER-Federal, State, Ordinances, Uniform Commercial code Administrative Law - ANSWER-Federal Agencies and State+Local Agencies Federal Constitution - ANSWER--Supreme law of the...

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  • October 30, 2024
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BLAW EXAM 1 (Chapters 1-4) Study Guide

Solutions


Constitutional Law - ANSWER✔✔-Both Federal and State


Statutory Law - ANSWER✔✔-Federal, State, Ordinances, Uniform Commercial code


Administrative Law - ANSWER✔✔-Federal Agencies and State+Local Agencies


Federal Constitution - ANSWER✔✔--Supreme law of the land.


-Every state has their own constitution as well


Supreme Court - ANSWER✔✔--9 Justices


-only need 5/9 votes to rule


Case Law - ANSWER✔✔-Case Law governs all areas of law not covered by statutory or administrative law


Negligence - ANSWER✔✔-Breach your duty to something/ someone


Early English Courts - ANSWER✔✔-American Law is based largely on English Common Law which was

based largely on traditions, social customs, rules, and cases dating back to 1066 A.D.


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Stare Decisis (to stand on decided cases) - ANSWER✔✔-Judge-made law.


Remedy - ANSWER✔✔--means given to a party to enforce a right or compensate for the violation of the

right.


-Courts have the power to award monetary damages (compensate for loss)


Equitable Remedies - ANSWER✔✔--Specific Performance


-Injunctions


-Recissions


-Beyond Law; looks at notions of fairness and justice


Injunction - ANSWER✔✔-court order to prohibit someone or something to perform a certain act


Specific Performance - ANSWER✔✔-Order someone to follow through a contractual obligation


Natural Law School - ANSWER✔✔--believe a higher or universal law exists that applies to all humanity,

and all written laws should imitate these principles.


-Laws contrary to natural law are "unjust" and need not be obeyed


Legal Positivism - ANSWER✔✔--Law is the supreme will of the State and must be abided.


-Law, and therefore rights and ethics, are not universal. Whether a law is "good" or "bad" is irrelevant.

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-No matter where you're from, you must obey the written law of the land you are in.


Legal Realism - ANSWER✔✔--Law is not simply the written law, but a product of the views of judicial

decision makers, as well as social, economic, and contextual influences.


-Takes all factors into account to make a decision


Classifications of Law - ANSWER✔✔-Laws will be either:


-Substantive or Procedural


-Civil or Criminal


-Public or Private


Civil Law vs. Criminal Law - ANSWER✔✔--Civil Law defines the rights between individuals or individuals

and governments


-Criminal Law defines an individual's obligations to society as a whole


-Burden of Proof


Legal Cases - ANSWER✔✔--identified by a "legal citation"


-Fehr v. Algard__ N.J. Super___. A.3d (2011)


-first party is plaintiff


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