Law 3800 Smartbook exercise 1
Identify the functions of Constitutions that exist at the state and federal levels.
1. They setup the structure of government for the political unit they control. 2. They prevent the government from taking certain actions or passing certain laws.
executive order
A law issued by the president or a state's governor limited authority is called a(n)_____.
legal positivism
According to _____, law is defined as the command of a recognized political authority.
1. Treaties 2. supreme law
According to the U.S.Constitution, _____ made by the President with foreign governments and approved by two thirds of the U.S. Senate become the "_______ of the land." (Choose two correct answers)
Rescission
Canceling a contract and returning the parties to their precontractual position.
Injuction
Forbidding or commanding a party to do some act.
statutes
Generally ordinances resemble _____ and are interpreted using the same rules.
Which of the following statements best describes civil law?
Generally, civil law creates obligations that are owed between private parties.
legislative history
In deciding the interpretation of a statute, the court studies the ________ of the statute to better understand the intended purpose of the statute.
Specific performance
Ordering a party to perform according to the terms of a contract.
Identify the most important functions of law.
Peacekeeping Checking government power and promoting personal freedom Promoting social justice Protecting the environment
_____ law controls the behavior of government bodies as they establish and enforce rules of substantive law.
Procedural law
the American Law Institute
Restatements of the law are promulgated by: _______.
Reformation
Rewriting a contract's terms to reflect the parties' real intentions.
What RULE (or law) did the court use in Coomer v. Kansas City Royals Baseball Corp?
The "Baseball Rule" which states it is not negligence to fail to protect all seats in the park with wire netting
Roscoe Pound, dominant interests
The 20th century legal philosopher _______, wrote about "______" which press on government and thus shape positive law.
What was the court's CONCLUSION (or holding) in Advance Dental Care v SunTrust Bank?
The Court granted the defendant's motion to dismiss the plaintiff's common law claim of negligence
What was the court's ANALYSIS (or legal reasoning) in Advance Dental Care v SunTrust Bank?
The UCC was intended to displace the common law and create a comprehensive system to deal with unauthorized or fraudulent endorsements
uniform act
The Uniform Partnership Act would be an example of a(n) _____ drafted by private bodies of lawyers and scholars.
Restatement
The _______ rules usually are the rules followed by a majority of the states.
restatement
The _______ rules usually are the rules followed by a majority of the states.
equity
The body of law called _____ historically concerned itself with accomplishing "justice" when the common law might produce unfair results.
only when no applicable statute is available
The common law applies _______.
What was the court's CONCLUSION (holding) in O'Connor v Oakhurst Dairy?
The court concluded that under Maine law the "F" exemption did not apply to the drivers, who were owed overtime hourly wages.
What was the court's CONCLUSION (or holding) in Coomer v. Kansas City Royals Baseball Corp?
The court held for Cooomer, concluding that being hit by a hot dog was not an inherent risk of watching a baseball game
Stare Decisis (precedent)
The doctrine of _______ formalized the common law practice of precedents.
legislative
The powers to issue executive orders normally result from a(n) _______ delegation.
The common law of estimating negligent damages to property, limited to the cost of replacement or repair.
What RULE (or law) did the court apply in Price v High Pointe?
Administrative regulations are not enacted by an elected body.
What is the main difference between a statute and an administrative regulation?
Whether noneconomic losses are recoverable when real property is negligently destroyed.
What was the main ISSUE (or question) in Price v High Pointe?
ordinance
When a county enacts a "rule" it is usually called a(n) ________.
What was the main ISSUE (or question) in Advance Dental Care v. SunTrust Bank? Multiple choice question.
Whether Maryland's statutory UCC conversion claim displaces the common law negligence claim?
What was the main ISSUE (legal question) in James v City of Costa Mesa?
Whether the plaintiffs use of medical marijuana constitutes an "illegal use of drugs" under the Americans with Disabilities Act.
-Flexible procedures. -Emphasis on general moral maxims.
Which of the following characterized the separate equity courts in medieval England? (Choose two correct answers)
Equitable principles and common law rules are now blended together.
Which of the following statements best describes the role of equitable principles in the contemporary United States' court system?
It recognizes the states' power to make laws in certain areas.
Which of the following statements best describes the view that the U.S. Constitution respects the principle of federalism contained in the 10th Amendment?
To correct social and economic problems created by industrialization.
Why did the U.S. Congress and state legislatures establish administrative agencies?
The common law is flexible enough to evolve to meet changing social conditions.
Why do the common law rules in force today often differ considerably from the common law rules of earlier times?
1.statutes 2. conflicting
Within a state or a domain, _____ defeat _______ laws that depend on a delegation for their validity. (Choose two correct answers)
Common Law
_____ is law made and applied by judges as they decide cases not governed by statutes or other types of law.
Constitutions
_______ defeat other types of laws within their domain.
Generally, _____ adherents contend that some higher law or set of universal moral rules binds all human beings in all times and places.
Natural Law
In the context of _______ reasoning, a court can decide a present case in the same way as a past case _______.
-when the facts and legal issues are similar in both cases -case law
Which of the following statements best describes American legal realism?
Legal realism emphasizes the conduct of those who enforce and interpret the positive law
separation of powers
Through its _____, the U.S. Constitution established: the Congress and gave it power to make law in certain areas, established a chief executive whose function is to execute or enforce the laws, and created a federal judiciary to interpret the laws.
A(n) _______ usually defeats a conflicting common law rule.
administrative regulation
Public law
concerns the powers of government and the relationship between government and private parties.
Among the many reasons for ambiguity in language, include: ______. (
contested rules of grammar vagaries of grammar sloppiness
The doctrine of stare decisis states that ______.
factually similar cases should be decided alike.