BLAW Midterm Exam

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jo73
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296081
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BLAW Midterm Exam
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2015-02-17 07:19:01
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  1. administrative law
    • important source of American Law
    • consists of the rules, orders, and decisions of administrative agencies.
  2. Case Law
    • The doctrines and principles announced in cases and governs all areas not covered by statutory law or administrative law
    • part of common law tradition.
  3. Constitutional Law
    Law Expressed in the constitutions
  4. Court of Equity
    • Courts for fair dealing
    • chancery courts
  5. Court of Law
    awarded compensations
  6. Equitable Maxims
    • propositions of general rules 
    • 1. Whoever seeks equity must do equity
    • 2. Where there is equal equity, the law must prevail
    • 3. One seeking the aid of an equity court must com to the court with clean hands
    • 4. Equity will not suffer a wrong without a remedy 
    • 5. equity regards substance rather than form.
    • 6. Equity aids the vigilant, not those who rest on their rights
  7. Damages
    An amount given to a party whose legal interests have been injured.
  8. Law
    Set of rules that the court enforces
  9. Ordinance
    • statutory law also includes local ordinances
    • those are statutes passed by municipal or county governing units to govern matters not covered by federal law
  10. Precedent
    a decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts
  11. Remedy at law
    Remedies at the court law
  12. remedy in equity
    Remedy in the equity courts
  13. Stare decisis
    to stand on decided cases
  14. What are questions of fact decided by?
    Jury
  15. Questions of law are decided by whom?
    Judge
  16. Alternative Dispute resolution
    • advantage of ADR is flexibility
    • Means of settling a dispute
  17. Arbitration
    • Form of ADR in which a third party hears a dispute and imposes a resolution.
    • In this, the third party makes the decision
  18. Negotiation
    • simplest form of ADR
    • attempt to settle issue with or without attorneys
  19. mediation
    a neutral third party acts as a mediation and works with both sides to facilitate a resolution
  20. Arbitration clause
    Written agreement
  21. concurrent jurisdiction
    A party may choose to bring a suit in either a federal court or a state court.
  22. diversity of citizenship
    • the plaintiff and defendant must be residents of different states
    • the dollar amount of controversy must be over $7500
  23. exclusive jurisdiction
    Occurs only when the case can only be held in a federal court or a state court

    • federal crimes
    • bankruptcy
    • most patent and copyright claims
    • any lawsuits against the united states
    • some areas of admiralty law (law governing sea borne transportation and ocean waters)
  24. federal questions
    occur when a plaintiff's cause of action is based on the constitution, treaty, or federal law
  25. In personam Jurisdiction
    personal jurisdiction
  26. In rem jurisdiction
    Jurisdiction over property
  27. Jurisdiction
    the power to speak the law
  28. Long arm statute
    court can exercise authority on people out of the state because the case involves in state actions
  29. Probate court
    state courts that handle only the disposition of  a person's assets and obligations after the person's death, including issues relating to the custody and guardianship of children.
  30. Small claims court
    inferior trial courts that hear only civil cases involving claims of less than a certain amount.

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