Common Law tradition and classifications of law, chapter 1

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Remedies ______ include specific performance.

in equity

Which of the following CANNOT be at issue in criminal law?

law against not performing an employment agreement

A source of law that courts must follow when deciding a case is called a binding authority. A binding authority does NOT include ...

opinions from trusted newspapers

If one nation violates international law, it is up to other nations to use ________ tactics or _________ actions such as severance of diplomatic relations, ___________ , or, as a last resort, ____.

persuasive, coercive, boycotts, war

Part of common law tradition relies on the doctrine of ...

stare decisis

Law can be divided into which two of the following categories?

- procedural law - substantive law

Historical:

Doctrines that have withstood the passage of time help guide us in shaping present laws.

A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts.

TRUE

Positivist:

There is no law higher than the laws created by the government.

Natural law:

Universal law applies to all human beings.

United States Supreme Court opinions are ________ until they are overruled by the Supreme Court or Congress.

binding authority

Legal realism:

customary practices and the circumstances surrounding the transaction guide us in shaping the decision.

Civil law, as opposed to criminal law, can best be described as:

the law that governs relations between persons

The Latin term stare decisis means ...

to stand on decided cases


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