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BLAW 3391 Exam 1 Study Guide: Key Legal Concepts and Principles, Exams of Law

Widener University - DelawareLaw

This comprehensive study guide covers essential legal concepts for blaw 3391 exam 1, including common law, precedent, criminal and civil law, and legal remedies. it provides definitions and explanations of key terms such as stare decisis, jurisdiction, and alternative dispute resolution methods. the guide also delves into employment law, covering topics like employee rights, discrimination, and unionization. it's a valuable resource for students preparing for the exam, offering concise definitions and clarifying complex legal principles.

Typology: Exams

2024/2025

Available from 04/21/2025

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BLAW 3391 TTU Exam 1 (Mcinturff)
Common Law - CORRECT ANSWER-- The earliest version of law
- Laws adopted when US was a part of Britain
- Applies principles and precedents through different but was never record
Precedent - CORRECT ANSWER-When courts follow and apply principles from
previous cases to current court cases
Criminal Law - CORRECT ANSWER-rules governing relationships between individuals
and society
Civil Law - CORRECT ANSWER-rules governing relationships between two individuals
stare decisis - CORRECT ANSWER-"to stand on decided cases"; practice of deciding
new cases with reference to precedent from previous cases
Remedy - CORRECT ANSWER-The relief given to an innocent party to enforce a right
or compensate for the violation of a right (usually involving money)
Equitable Remedies - CORRECT ANSWER--injunction, specific performance, and
contract recession.
-when damages cannot be covered with monetary remedies.
Laws - CORRECT ANSWER-rules governing relationships among individuals and
between individuals and their society.
Priorities of Law? (Highest to lowest) - CORRECT ANSWER-Federal Constitution
Federal Statutes
State Constitution
State Statutes
Local Ordinances
Conflict
Order of precedence
Agencies - CORRECT ANSWER-created by legislatures and make their own rules
which have the legal force of statutory law. (ex: IRS)
in personam jurisdiction - CORRECT ANSWER-Jurisdiction when a person/business is
in their geographical area
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BLAW 3391 TTU Exam 1 (Mcinturff)

Common Law - CORRECT ANSWER-- The earliest version of law

  • Laws adopted when US was a part of Britain
  • Applies principles and precedents through different but was never record Precedent - CORRECT ANSWER-When courts follow and apply principles from previous cases to current court cases Criminal Law - CORRECT ANSWER-rules governing relationships between individuals and society Civil Law - CORRECT ANSWER-rules governing relationships between two individuals stare decisis - CORRECT ANSWER-"to stand on decided cases"; practice of deciding new cases with reference to precedent from previous cases Remedy - CORRECT ANSWER-The relief given to an innocent party to enforce a right or compensate for the violation of a right (usually involving money) Equitable Remedies - CORRECT ANSWER--injunction, specific performance, and contract recession.
  • when damages cannot be covered with monetary remedies. Laws - CORRECT ANSWER-rules governing relationships among individuals and between individuals and their society. Priorities of Law? (Highest to lowest) - CORRECT ANSWER-Federal Constitution Federal Statutes State Constitution State Statutes Local Ordinances Conflict Order of precedence Agencies - CORRECT ANSWER-created by legislatures and make their own rules which have the legal force of statutory law. (ex: IRS) in personam jurisdiction - CORRECT ANSWER-Jurisdiction when a person/business is in their geographical area

in rem jurisdiction - CORRECT ANSWER-Jurisdiction when property is in their geographical area long arm statute - CORRECT ANSWER-Jurisdiction used for non residents/parties are based on minimum contracts with a state Diversity of Citizenship Jurisdiction - CORRECT ANSWER-federal court jurisdiction over a lawsuit between citizens of different states (or even involving a U.S. citizen and a citizen of a different country) Standing - CORRECT ANSWER-having relevance and being able to justify to a suit (dog in the hunt) Motion for Summary Judgement - CORRECT ANSWER-motion requesting the court to decide without a trial. Rarely granted but can be done if no facts are in dispute. (no jury) Discovery - CORRECT ANSWER-when opposing parties obtain info from each other to prepare for trial Deposition (Discovery) - CORRECT ANSWER-oral questioning under oath (pre-trial) Interrogatories (Discovery) - CORRECT ANSWER-written questioning under oath Default Judgment - CORRECT ANSWER-a judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim Appeals - CORRECT ANSWER-the process in which cases are reviewed, where parties request a formal change to an official decision Alternative Dispute Resolution (ADR) - CORRECT ANSWER-resolving disputes without going to court Negotiation (ADR) - CORRECT ANSWER-parties attempt to settle the dispute informally, with or without attorneys Mediation (ADR) - CORRECT ANSWER-parties use a NEUTRAL third party who acts as a communicating agent between parties and helps them in negotiating a settlement Arbitration (ADR) - CORRECT ANSWER-settling of a dispute by a third party (other than a court) to act in good faith in all matters - CORRECT ANSWER-Best way to act ethically?

Whistleblowing - CORRECT ANSWER-An employee's disclosure to government authorities, upper-level managers, or the media that the employer is engaged in unsafe or illegal activities. FLSA (Fair Labor Standards Act) - CORRECT ANSWER-Federal law that establishes a minimum wage and requirements for overtime pay (1.5x) and child labor OSHA (Occupational Safety and Health Act) - CORRECT ANSWER-federal law requires that employers provide their employees with safe working conditions FMLA (Family and Medical Leave Act) - CORRECT ANSWER--allows employees to take time off work for family or medical reasons or in certain situations that arise from military service.

  • Requires companies with 50 or more employees to provide up to TWELVE weeks of unpaid family or medical leave Employee Privacy Rights - CORRECT ANSWER-Employees can have privacy as long as its on personal devices and not employee equipment. Union Creation - CORRECT ANSWER-formed after employees sign an authorization card, stating that why wish to have a certain union. Collective Bargaining - CORRECT ANSWER-negotiate contracts with their employers to determine their terms of employment, including working hours and workplace conditions Strikes - CORRECT ANSWER-when collective bargaining fails and workers leave their jobs refuse to work and (typically) picket the employers workplace Lockouts - CORRECT ANSWER-a company tool to fight union demands by refusing to allow employees to enter its facilities to work NLRB (National Labor Relations Board) - CORRECT ANSWER-one of the foremost statutes regulating labor. This act established the right for employees to engage in collective bargaining and to strike. Unemployment Law - CORRECT ANSWER-FUTA created a state administered system that provides unemployment compensation to eligible individuals IRCA and the Immigration Act - CORRECT ANSWER-Most important laws governing immigration and employment are the...? I-9 Verification - CORRECT ANSWER-The process of verifying the employment eligibility and identity of a new worker. It must be completed within three days after the worker commences employment.

Green Cards (I-551 Permanent Resident Card) - CORRECT ANSWER-shows that a foreign born individual can legally work in the United States. Title VII of the Civil Rights Act - CORRECT ANSWER-most important statute covering employment discrimination. Prohibits both intentional and unintentional discrimination against employees, applicants, and union members on the basis of race, color, national origin, religion. EEOC (Equal Employment Opportunity Commission) - CORRECT ANSWER-the agency responsible for enforcing federal laws regarding discrimination or harassment against a job applicant or an employee in the United States. You must file a complaint with them before you can file a suit. disparate treatment discrimination - CORRECT ANSWER-results when employees from protected groups are intentionally treated differently disparate impact discrimination - CORRECT ANSWER-results from certain employer practices that have a discriminatory effect but are unintentional Age that is protected from discrimination - CORRECT ANSWER- 40 Sexual Harassment - CORRECT ANSWER-the demanding of sexual favors in return for a job Harris v. Forklift Systems, Inc. - CORRECT ANSWER-Supreme Court ruled that in a sexual harassment case the plaintiff does not have to prove concrete psychological harm to establish a Title VII violation. Quid Quo Pro - CORRECT ANSWER-something given in exchange or return for something else