Explanation of Primary & Secondary Sources of Law, Statutory, Administrative, & Case Law, Exams of Bankruptcy Law

Download Explanation of Primary & Secondary Sources of Law, Statutory, Administrative, & Case Law and more Exams Bankruptcy Law in PDF only on Docsity! BCOR 2301 B Law Midterm (Ch. 1, 4, 10, 11) Questions With Complete Solution Primary Sources of Law correct answersources that establish the law -US constitution & constitutions of states -Statutes, or laws, passed by congress & state legislatures (statutory law) -regulations created by administrative agencies such as the US Food & Drug Administration -case law(court decisions) Secondary Sources of Law correct answerbooks and articles that summarize and clarify the primary sources of law Constitutional Law correct answerThe body of law derived from the U.S. Constitution and the constitutions of the various states. Statutory Law correct answerThe body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law). includes local ordinances Ordinances correct answera piece of legislation enacted by a municipal authority. deals with matters not covered by federal or state law Uniform Law correct answerA model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute. statute correct answera written law passed by a legislative body Administrative Law correct answerThe body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. Enabling Legislation correct answerA statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created. Administrative process correct answerThe procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication. Rulemaking correct answerThe process by which an administrative agency formally adopts a new regulation or amends an old one. Steps: 1. notice of proposed rulemaking must be published in Federal Register 2. need comment period 3. public final rule BCOR 2301 B Law Midterm (Ch. 1, 4, 10, 11) Questions With Complete Solution enforcement correct answerthe act of enforcing or compelling to obey Adjucation correct answerthe process of determining whether the defendant is guilty Case Law correct answerthe rules of law announced in court decisions Common Law correct answera system of law based on precedent and customs a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes. precedent correct answeran earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances. Stare Decisis (precedent) correct answer"Let the decision stand"...courts generally follow the decisions of lower courts in similar cases that set a precedent Decisions made by higher court are binding on lower courts Controlling Precedents correct answera binding authority that requires a court to follow prior court decisions in its jurisdiction Jurisdiction correct answerthe official power to make legal decisions and judgments. Binding Authorities correct answerany source of law that a court must follow when deciding a case constitution, supreme court cases, federal & state statutes cases of first impression correct answercases for which no precedents exist courts look at persuasive authorities Persuasive Authority correct answerAny legal authority or source of law that a court may look to for guidance but need not follow when making its decision. legal reasoning correct answerthe reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case IRAC Method correct answerA method used to examine a law case. IRAC is an acronym that stands for issue, rule, application, and conclusion. Issue = what are the key facts & issues BCOR 2301 B Law Midterm (Ch. 1, 4, 10, 11) Questions With Complete Solution standing to sue correct answerThe legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. must be justiciable controversy Justiciable Controversy correct answerA controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case. Uniform Law Commission correct answergroup that addresses need for standardization, especially in biz, drafts "model statutes" for states to consider drafting; must be passed by state legislature before becoming law drafts model statutes Model Statutes correct answerDrafted by legal experts, in hopes that they will be used or adopted by state legislatures so as to provide uniformity in laws between states legislative rules/substantive rules correct answerlegally binding as laws that congress passes Interpretive Rules correct answerthese do not change the law; they define or apply the laws to new situations Supreme Court correct answerConsists of nine justices, each appointed by the President and confirmed by Congress. Appointment is for life. Supreme Court exercises the power to determine constitutionality of statutes highest federal court in US U.S. Courts of Appeal (Circuit Courts) correct answerThese are intermediate federal courts of appeal The losing party in a federal district court case can appeal the decision to a court of appeals They have no original jurisdiction, only appellate jurisdiction There are 11 circuit courts that handle the states and U.S. territories There is also a court for Washington D.C. and a Federal Circuit. The losing party may submit a petition to the U.S. Supreme Court to hear the case, but the Court grants few of these requests. federal administrative agencies correct answerGovernment agencies created by the US Congress that have broad regulatory powers over key areas of the national economy. under US Courts of Appeals BCOR 2301 B Law Midterm (Ch. 1, 4, 10, 11) Questions With Complete Solution U.S. District Courts correct answerthe courts where most federal cases begin, the U.S. District Courts are courts of original jurisdiction and hear civil and criminal cases under US Courts of Appeals Specialized U.S. Courts correct answercourts that have very specialized subject matter jurisdiction, including the U.S. Tax Court, which hears only federal tax cases and the U.S. Claims Court, which hears only claims against the U.S. government under US Courts of Appeals Highest State Court correct answerthe highest court in a state court system; it hears appeals from intermediate appellate state courts and certain trial courts State Courts of Appeals correct answerFirst Appeal option for state subject matter cases State Trial Courts correct answerThe first courts at the state level before which the facts of a case are decided. have general jurisdiction over civil & criminal cases Local Trial Courts correct answerCourts of limited jurisdiction, meaning they handle minor matters such as misdemeanors and civil actions involving small amounts of money. trial courts of general jurisdiction correct answerThe main courts in the state court system and may be referred to as circuit courts, superior courts, or courts of common pleas.They hear cases that fall outside the jurisdiction of limited jurisdiction courts. usually handle felony cases trial courts of limited jurisdiction correct answerCriminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trials that may result in penalties below a specific limit. may only hear a certain type of cases appelate court correct answerA court having juristriction to review cases and issues that were originally tried in lower courts writ of certiorari correct answerAn order by a higher court directing a lower court to send up a case for review BCOR 2301 B Law Midterm (Ch. 1, 4, 10, 11) Questions With Complete Solution Rule of Four correct answerAt least four justices of the Supreme Court must vote to consider a case before it can be heard litigation correct answerthe process of taking legal action Pleadings correct answerStatements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case. service of process correct answerThe delivery of the complaint and summons to a defendant. Summons and Complaint correct answerThe summons advises D the P is suing D in a particular court. The complaint is P's pleading, which specifies the transaction or occurrence that is the subject matter of the action and spells out the elements of P's cause. motion for judgement on the pleadings correct answerA motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute. motion for summary judgment correct answerA motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute. discovery correct answerA phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial. Interrogatories (Discovery) correct answerA series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath. Deposition (Discovery) correct answersworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official voir dire correct answerJury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge. motion for a directed verdict correct answerA motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support her or his claim. BCOR 2301 B Law Midterm (Ch. 1, 4, 10, 11) Questions With Complete Solution sworn testimony correct answerstatements given by a witness in the court of law under oath pretrial conference correct answerA conference, scheduled before the trial begins, between the judge and the attorneys litigating the suit. The parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference. Jury Selection correct answerThe process whereby, according to law and precedent, members of a trial jury are chosen. peremptory challenge correct answera defendant's or lawyer's objection to a proposed juror, made without needing to give a reason. For Cause Challenge correct answera lawyers request that a potential juror be eliminated for some specific reason Appellate Review correct answerreview of the results of a trial by a higher court Promisor correct answerA person who makes a promise. Promisee correct answerA person to whom a promise is made. Uniform Commercial Code correct answerA collection of laws that governs various types of business transactions. Contract Law correct answerLaw that refers to agreements between individuals and entities that are binding objective theory of contracts correct answerA theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party's own secret, subjective intentions. Offerror correct answerA person who makes an offer. offerree correct answerA person to whom an offer is made. Bilateral Contract correct answerpromise for a promise Unilateral Contract correct answerpromise in exchange for an act Traditional View correct answerrevocation can occur at any time prior to acceptance BCOR 2301 B Law Midterm (Ch. 1, 4, 10, 11) Questions With Complete Solution contemporary view correct answeronce performance has been substantially completed, the offeror can not revoke the offer Formal Contract correct answerA contract that by law requires a specific form, such as being executed under seal, to be valid. informal contract correct answerA contract that does not require a specified form or formality in order to be valid. Express Contract correct answerA contract in which the terms of the agreement are fully and explicitly stated in words, oral or written. Implied Contract correct answerA contract formed in whole or in part from the conduct of the parties. Executed Contract correct answerA contract that has been completely performed by both parties. executory contract correct answerA contract that has not yet been fully performed. Elements of a Contract correct answeragreement, consideration, capacity, legality agreement correct answeroffer and acceptance Consideration correct answersomething of value exchanged for something else of value Contractual Capacity correct answerthe legal ability to enter into a contractual relationship Legality correct answerThe contract's purpose must be to accomplish some goal that is legal and not against public policy. Valid Contract correct answerA contract that results when elements necessary for contract formation (agreement, consideration, legal purpose, and contractual capacity) are present. Voidable Contract correct answerA contract that may be legally avoided at the option of one or both of the parties. Unenforceable Contract correct answerA contract in which the essential elements to create a valid contract are met but there is some legal defense to the enforcement of the contract. Void Contract correct answerno contract at all BCOR 2301 B Law Midterm (Ch. 1, 4, 10, 11) Questions With Complete Solution Quasi Contract correct answercourt-imposed obligation to prevent unjust enrichment in the absence of a contract Quantum Meruit correct answer"As much as he deserves" - the damages awarded in a quasi-contract case plain language laws correct answerregulate legal writing and the terminology used so everyone knows what the laws and contracts are stating Plain Meaning Rule correct answerA rule of interpretation which states that words in a contract should be given their ordinary meaning. Requirements of the Offer correct answer1. The offeror must have a serious intention to become bound by the offer. 2. The terms of the offer must be reasonably certain, or definite, so that the parties and the court can ascertain the terms of the contract. 3. The offer must be communicated to the offeree. Revocation correct answerthe taking back of an offer by the offeror Irrevocable Offers correct answerOffers that cannot be withdrawn by the offeror; include offers in the form of an option contract, offers that the offeree partly performed or detrimentally relied on, and firm offers by a merchant under the Uniform Commercial Code. Counteroffer correct answerAn offeree's response to an offer in which the offeree rejects the original offer and at the same time makes a new offer. Mirror Image Rule correct answerA common law rule that requires that the terms of the offeree's acceptance adhere exactly to the terms of the offeror's offer for a valid contract to be formed. Termination by Operation of Law correct answer1. lapse of time 2. destruction of the specific subject matter of the offer 3. death or incompetence of the offeror or the offeree 4. supervening illegality of the proposed contract Acceptance correct answerthe action of consenting to receive or undertake something offered Mailbox Rule correct answerA common law rule that acceptance takes effect, and thus completes formation of the contract, at the time the offeree sends or delivers the acceptance via the communication mode expressly or impliedly authorized by the offeror.