Blaw Study Guide Test 1 - Chapter 1 Primary sources of...

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Chapter 1 Primary sources of American law Document that establishes law Constitutional- Law that comes from the Constitution, and is the most powerful Statutory- Laws passed from the Legislature (Congress, House of Rep, President) Administrative- Law passed from Administrative agencies ( Food and Drug Admin., Health and human services, ect.) ALJ- judge presides over it Case Law- Laws passed in court decisions Common Law- Law developed from England in the 11 th century. Body of laws that developed from customs. Most basic forms of law. stare decisis - Document that basically says that judges have to follow precendents established in prior court decisions. In a suit between Best Products, Inc., and Central Sales Corporation, the court applies the doctrine of stare decisis . This means that the court follows rules of law established by: courts of higher rank only. In a suit between Delta Data Company and Eagle Information, Inc., the court applies the doctrine of stare decisis . This requires the court to find cases that, compared to the case before it, has similar facts. The doctrine of stare decisis obligates judges to follow precedents established within their jurisdictions. True law vs. equity (Remedy)- relief givent to an innocent party to enforce a right or to compensate for the violation of a right Remedy of Law- In early courts of England, the kind could grant money or property for someone who wronged another Remedy of Equity - A Plaintiff (person bringing lawsuits) asked the court for Money or property as compensation for damages on the Defendant (accused)
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Injunction - directing the party to do or refrain from doing something Rescission - Cancellation of a contract In a suit between Fine Manufacturing Company and Great Goods, Inc., the court orders a rescission. This is: an action to cancel a contract and return the parties to the positions they held before the contract's formation. In a given case, most courts may grant : equitable remedies, legal remedies, or both. The commerce clause (pg. 15) – Article 1 section 8 of Constituion, gives Congress the power to regulate commerce A state law that substantially impinges on interstate commerce is unconstitutional. True The bill of fucking rights -"a series of protections for individuals against various types of government action.” First ten amendments of the Constitution. The Bill of Rights protects individuals against some interference by the federal government only. False Online obscenity- Congress passed Communication Decency Act (CDA) in 1996, found to be unconstitutional, because of restraint of speech. Children’s Internet Protection Act (CIPA) which required public schools and libraries to install filtering software to block online access to adult content by children in 2000. Due process law-
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Blaw Study Guide Test 1 - Chapter 1 Primary sources of...

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