BLAW Exam 1
What questions are asked in the IRAC method?
- what are the key facts and ISSUES? - what RULE of law applies to the case? - how does the rule of law APPLY to the particular facts and circumstances of this case? - what CONCLUSION should be drawn?
What are the two aspects of stare decisis?
1. A court should not overturn its own precedents unless are is a compelling reason to do so. 2. Decisions made by a higher court are binding on lower courts.
A federal, state, or local government agency established to perform a specific function.
Administrative agency
The doctrines and principles announced in cases that governs all areas not covered by statutory law or administrative law and is part of our common law tradition.
Case law and Common law doctrines
The branch of law concerned with the enforcement of private rights and duties between parties is:
Civil Law
Concerned with wrongs committed against the public as a whole.
Criminal law
The practice of deciding new cases with reference to former decisions, or precedents.
Stare decisis
The legislature of the state of Wyoming enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies in :
Wyoming only.
Law that consists of the rules, orders, and decisions of administrative agencies.
administrative law
In Chuckie v. City Box Manufacturers, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Sammy v. Paper Boxes, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to:
allow the minor to cancel the contract.
Sharon appears in a case in state court, claiming that Terry breached a contract. Possible remedies include:
an award of damages to Sharon
Any source of law that a court must follow when deciding a case.
binding authority
Spells out the rights and duties that exist between persons and between persons and their governments, as well as the relief available when a person's rights are violated.
civil law
Petrov and David enter into a contract via e-mail. When a dispute arises over the performance of the deal, Petrov files a suit against David. The emerging body of law that governs transactions conducted via the Internet is referred to by the term:
cyberlaw
The emerging body of law that governs transactions conducted via internet.
cyberlaw
As a judge, Baxter applies common law rules. These rules develop from:
decisions of courts in legal disputes.
Where do common law rules come from?
decisions of the courts legal disputes
A branch of law founded on notions of justice and fair dealing that seeks to supply a remedy when no adequate remedy at law is available.
equity
The Regional Counties Commission approves a new property tax measure, and the professors and students at State Law School publish the results of their most recent legal research Sources of law include:
measures approved by governing bodies.
Regulations passed by municipal or county governing units to deal with matters not covered by federal or state law:
ordinances
Consists of all laws that outline the methods of enforcing the rights established by substantive law.
procedural law
Rules that apply only within state's borders and may vary from state to state
state statute
Laws enacted by legislative bodies at any level of government, such as statutes passed by Congress or by state legislatures, make up the body of law known as:
statutory law
Consists of all laws that defines, describe, regulate and create legal rights and obligations
substantive law
A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged,
the U.S Constitution, not the state provision, will be enforced.
Model statutes drafted by the NCCUSL for state to consider adopting.
uniform laws
In a suit against Olive, Pimento obtains damages. In the U.S. legal system, this remedy at law is :
usual