REVIEW-Exam 1

REVIEW-Exam 1 - There are more questions on Chs. 1 and 3...

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There are more questions on Chs. 1 and 3 than the rest. There are not any “trick questions”—the most obvious answer is the right one. CH 1: Don’t have to worry about the definitions of law --there is some material that is in my notes and lecture that was not in the book. Only responsible for equitable remedies and distinction between civil law systems and common law systems . –Some countries (and state of La.) have civil “systems ” (primarily based on Codes) vs common law systems (primarily based on case law) Not the same as distinction between “civil” cases and “criminal” cases, which is a different distinction. --most important is “ equitable remedies .” What is it rather than each particular remedy. Courts in U. S. sit in “law” and “equity” -- Equitable remedies : we will talk about these a number of times throughout the semester and you need to know what they are vs. money damages ----if money damages (legal remedies) are not appropriate, then the court can order equitable remedies (non-money damages). --Not separate courts in U.S. now –combined law and equity courts -- Souces of Law very important: --common law and case law PLUS --statutes, Constitution, Administrative Rules and regulations.
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--where do each come from --statutes are made by Congress, state legislatures, local governing bodies (ordinances=local). --rules and regulations of government agencies are another source of law. --and, of course, case law is a source of law—decisions by courts which are “precedent.”. --how the courts function relative to the case law and other sources of law: (ex: interpret statutes and rules/regs, but legislature or admin. agency can pass a new statute or rule/reg if courts are MISinterpreting it). --COMMON LAW is same as case law. Based on “precedent”— (precedent same as stare decisis --You need to know which laws are applicable in which courts. Both state and federal courts have hierarchies.
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This note was uploaded on 09/22/2009 for the course BLAW 2361 taught by Professor Bible during the Spring '08 term at Texas State.

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REVIEW-Exam 1 - There are more questions on Chs. 1 and 3...

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