Exam 1: Legal Foundations

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For private law to be applied, there must be a statute or ordinance enacted that provides for the rights of the parties.

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The source of each of the following types of law except _______ is primarily statutory.

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Briefly discuss the origins and purposes of law.

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The origins of recorded law were initially a collection of rules created by tribal chieftains to perpetuate their domination and authority. Over time the purpose of law has evolved to ensure consistency and fairness. The law also sets out a system for resolving disputes by providing a basis for deciding the legal interests and rights of parties.

Congratulations! You have just been named as a judge in your state's general trial court. Your first case involves a complicated environmental statute. What methods might you use to interpret and apply the statute to your case?

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Secondary sources of law:

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Attorneys who work for a company and are part of the executive or midlevel management team are specifically referred to as ________ counsel.

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Laws relating to contracts for the sale of goods are primarily found in the common law.

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________ are recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties.

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Ordinances will preempt state-level statutes.

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States tend to amend their constitutions less frequently than is the case with the U.S. Constitution.

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Attorneys, particularly in a business context, are also referred to as _______.

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A statute of limitations determines the maximum and minimum amounts of monetary relief that may be granted in different types of civil lawsuits.

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Measures of judicial action intended to compensate an injured party in a civil lawsuit are called _______.

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Criminal law can be characterized as public law but can never be considered private law.

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The state of Delaware has passed a new law banning cell phone use while driving a motor vehicle within the state. This law would be defined as:

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Precedent evolves from:

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The National Conference of Commissioners on Uniform State Laws (NCCUSL) was formed by the ________ for the purpose of establishing uniform standards in areas of law where national interests would be achieved through the use of uniform laws.

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New York City has passed a law banning smoking of cigarettes and cigars in public bars and restaurants. This law would be defined as:

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Define and explain the concepts of permanence and preemption as they apply regarding the U.S. Constitution.

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Regulations created and enforced by federal regulatory agencies are examples of:

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