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J300 Chapter 1 Review

J300 Chapter 1 Review - J300 Fargo Spring 2009 Study Guide...

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J300 – Fargo Spring 2009 Study Guide for Chapter 1 The questions below are designed to help you study as you read Chapter 1 of the Trager-Russomanno-Ross textbook. There are no guarantees that all of these questions will be on the exam, and there may be questions on the exam that are not here (from lecture notes and additional readings, for example). 1. What do we mean by the “rule of law”? The framework of a society in which preestablished norms and procedures provide for consistent, neutral decision making. 2. What is stare decisis? Precedent? “Stand by the previous decision” ; Case judgement that establishes binding authority and guiding principles for cases to follow on closely analogous questions of law within the court’s jurisdiction. 3. What are the sources of law? Be able to define each. -Constitutions: establish the structure of government and allocate and limit government’s authority. **-Statutes: fact specific and defines the legal limits of particular types of activites. -Equity Law: judges make equity law in order to provide fair remedies and relief for various harms. It is based on the presumption that fairness is not always achieved through strict rules. -Common Law: consists of rules and principles developed through custom and precedent.
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