BLAW CH 1 - Law and Legal Reasoning

Federico and Gwen are involved in a court proceeding to enforce a right. This is

an action

Cyberlaw is

law that relates to the online environment

When Laura and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is

the plaintiff

Criminal statutes proscribe

wrongs committed against society for which society demands redress

In deciding a case of first impression, appropriate sources for a court to consider include all of the following except: - legal authorities that are not binding on the court - issues of fairness - government policy based on widely held social views - a poll those present in the courtroom at the time of the decision

- a poll those present in the courtroom at the time of the decision

a precedent is

a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles

Stare decisis is best defined as

a doctrine under which judges follow established precedents.

The United States Supreme Court issues an opinion that can be found at ___U.S.____ 138 is

a page number in the referenced volume

An award of damages is

a payment of money or property

The means to enforce a right or compensate for the violation of a right is

a remedy

In Peyton v. Quality Motors, 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 Rikki v. Street Deals, 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

Ordering a party to perform what was promised is

an equitable remedy

An injunction is

an order to do or to refrain from doing a certain act

The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is

civil law

In the case of Sales Corp v. Transport Co., the court may rule contrary to a precedent if the court decides that the precedent

is incorrect or inapplicable

At one time, a court of law could grant as a remedy only

monetary damages

In a civil case, the object is to

obtain a remedy to compensate the injured party.

Once a court has applied a principle to a certain set of facts, that principle must be applied in future cases involving

similar facts

Each court has a jurisdiction. Jurisdiction is best defined as

the geographic area in which a court has the power to apply the law

Believing that a higher, or universal, law exists that applies to all human beings, and that each written law should reflect the principles inherent in this higher law, is

the natural law tradition

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 157 A.D 3d 468 is

the number of the volume in the official reports of the court's decision