Exam 1 Review done.pdf.docx - EXAM #1 REVIEW BLAW 3391...

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EXAM #1 REVIEWBLAW 3391 SECTION 2SOURCES OF LAW AND THE COURT SYSTEMA.Sources of Lawa.Constitutional Law – Laws based on the constitutionb.Statutory Law – Laws written by the Legislative branch that do not overstep theconstitutionc.Administrative Law – Laws written by executive agenciesd.Case and Common Law – Case; developed from interpretations of statues.Common; unwritten rules of law from court precedente.Executive Order – Laws written by the presidentf.Treaty – agreements with other countriesB.Hierarchy of LawsC.Binding Authority vs Persuasive Authority – BA; ruling by a higher court that must befollowed. PA; ruling by courts of same level or lower, can be taken into account but theyare not bound by it.D.Stare Decisis – Common law doctrine under which judges are obligated to follow theprecedents established in prior decisionsE.Types of Lawa.Civili.Burden of Proof – preponderance of evidenceii.Types of Damages monetary awarded to party in the caseb.Criminali.Burden of Proof – Beyond all reasonable doubtF.Jurisdictiona.Authority to hear and decide casesb.Typesi.In Personam (Personal) – Authority over any person that resides inthat areaii.In Rem (Property) – Authority over property within its boundariesiii.Subject Matter – Court authority over subject matterc.Requirements – Needs all threed.Limited Jurisdiction vs General Jurisdiction - General (unlimited), Limited, i.e.Probate or bankruptcye.Long arm statue – gives the court jurisdiction over non residents as long as theyhaveSufficient minimum contactsG.Venue – the court house that the case is heldH.Standing – the ability to sue,Sufficient stake in the controversy. Must have sufferedharmI.Courts
a.Trial Courts – questions of law and factb.Appellate Courts – questions of lawJ.Lawsuita.Parties – Plaintiff and Defendantb.

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Term
Spring
Professor
Clark

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