Chapter 1

Question 1

What is law

Answer 1

rules & regulations that govern relationships

Question 2

What are the 4 sources of law?

Answer 2

constitutions, statutes (acts), administrative rules & regulations, and common law

Question 3

Which of the sources establish organizations, powers, and limits of governments?

Answer 3

Constitutions

Question 4

What is the supreme law of the land?

Answer 4

the US constitution

Question 5

what does the 10th amendment reserve?

Answer 5

it reserves all powers not granted to federal government to states

Question 6

______ constitution creates national government and ______ constitution creates state government.

Answer 6

US, State

Question 7

who creates statutory law?

Answer 7

congress & state legislatures

Question 8

What are uniform laws?

Answer 8

when general laws of states are brought together and given to all the states to see who wants to adopt them

Question 9

If a uniform law becomes adopted, it becomes _______ law

Answer 9

statutory

Question 10

What is UCC?

Answer 10

uniform commercial code

Question 11

what does UCC deal with?

Answer 11

commercial sales contracts

Question 12

what does administrative law consist of?

Answer 12

rules, orders, and decisions of administrative agencies

Question 13

what is an administrative agency?

Answer 13

a federal, state, or local government agency established to do a specific fundtion

Question 14

what are the 3 main functions of agencies?

Answer 14

1. rule making 2. investigate & enforce rules 3. judge violations

Question 15

federal agencies are ______ agencies

Answer 15

executive

Question 16

where is the president’s power the greatest?

Answer 16

in executive agencies

Question 17

what are independent regulatory agencies?

Answer 17

agencies that aren’t a part of the executive branch and isn’t subject to the president’s authority

Question 18

american law is based on the _______ legal system

Answer 18

english

Question 19

what is common law?

Answer 19

the body of law that was created from custom/judicial decision in English & US courts

Question 20

What are remedies?

Answer 20

legal means to enforce a right or redress a wrong

Question 21

courts that awarded monetary compensation are called what? (king’s courts)

Answer 21

courts at law

Question 22

what are the courts that try to award equitable relief called?

Answer 22

courts at equity

Question 23

Equitable remedies are only available if…

Answer 23

legal remedies (money damages) aren’t enough

Question 24

the remedies granted by equity courts that tried to make things fair were known as…

Answer 24

remedies at equity

Question 25

what are the 3 types of equitable remedies?

Answer 25

specific performance, injunction, and rescission

Question 26

what is specific performance?

Answer 26

a order that orders a breaching party to perform the contract as promised (for example land or something that's one of a kind)

Question 27

what is an injunction?

Answer 27

ordering a party to perform or stop performing a specific action

Question 28

what is rescission?

Answer 28

an action to undo the contract, you don't need a court

Question 29

what are judges guided by when giving appropriate remedies?

Answer 29

equitable maxims

Question 30

what are equitable maxims?

Answer 30

principles of law that have to do with fairness

Question 31

common law is ___-made law

Answer 31

judge

Question 32

what is a precedent?

Answer 32

something that sets a rule or example, prior similar past case

Question 33

what is Stare Decisis?

Answer 33

a common law doctrine where judges are obligated to follow the precedents established in a prior decision

Question 34

what are ordinances?

Answer 34

laws made within city or county areas

Question 35

t/f: ordinances can't violate state or US constitutions.

Answer 35

true

Question 36

statutory law is found in federal & state.....

Answer 36

courts of laws

Question 37

The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature is called _____ law.

Answer 37

common

Question 38

the most common remedy at law today is...

Answer 38

money damadges

Question 39

what are the 2 categories of legal remedies?

Answer 39

compensatory damages and nominal damages

Question 40

what falls under the compensatory damages category?

Answer 40

special damages and general damages

Question 41

special damages are ______ while general damages are _____

Answer 41

quantifiable, subjective

Question 42

t/f: the jury can only give you what you ask for and prove

Answer 42

true

Question 43

what are nominal damages ?

Answer 43

damages awarded isn't a lot, it's mostly just when they want to get a point across

Question 44

what are the 2 types of injunction?

Answer 44

temporary (prior to litigation) and permanent (after litigation)

Question 45

what are the 4 functions of Stare Decisis?

Answer 45

1. court efficiency 2. more just & unified system 3. makes the law stable & predictable 4. allows us to learn lessons from the past

Question 46

what are binding precedents?

Answer 46

precedents that must be followed within a jurisdiction of a source of law, it's controlling

Question 47

what are persuasive precedents?

Answer 47

precedents that don't need to follow the sources of law

Question 48

departures from precedents occur when... (2)

Answer 48

1. prior ruling was wrong 2. precedent is outdated

Question 49

Brown v. Board of education 1954 overruled which precedent?

Answer 49

Plessy v. Ferguson 1896

Question 50

what case was Roe v. Wade overruled by?

Answer 50

Dobbs v. Jackson Women's Health 2022

Question 51

what are cases of first impression?

Answer 51

cases that there's no precedent on which to base a decision, it's the 1st time courts are writing an opinion about

Question 52

what are the ways laws can be classified?

Answer 52

substantive vs. procedural, public vs. private, civil vs. criminal

Question 53

what is the substantive vs. procedural classification?

Answer 53

substantive defines & describes your rights procedural are methods of enforcing your rights

Question 54

what is the public vs. private classification?

Answer 54

public includes the government as a parts, private does not

Question 55

what is the civil classification? what is its main purpose & burden of proof?

Answer 55

it involves rights and duties that exist between people or citizens and their government main purpose is compensation burden of proof is "by a preponderance of the evidence"

Question 56

what is the criminal classification? what is its main purpose & burden of proof?

Answer 56

they are wrongs committed to the public as a whole main purpose is punishment burden of proof is "beyond a reasonable doubt"