BLAW 3310 - Exam 1

Intro to law, courts and legal processes, constitutional law, criminal law, and torts

What primary source of law is the highest?

The US Constitution takes precedence over all statutes and judicial decisions that are inconsistent

What is the definition of law, according to Black?

“a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequence is a law.”

What are the 6 functions of the law?

At the macro level, the law can serve to (1) keep the peace, (2) maintain the status quo, (3) preserve individual rights, (4) protect minorities against majorities, (5) promote social justice, and (6) provide for orderly social change. PMPPPO

What is legal positivism?

Law comes from recognized authority

What is natural law?

a theory that certain moral principles, rights, and duties are inherent in human nature and discoverable through human reason.

What is legal realism?

a theory that law is shaped by social context, public policy, and human judgment rather than abstract rules alone.

What was argued in the letter from Birmingham jail?

Unjust laws should be peacefully disobeyed because morality and justice are more important than obeying an unjust law.

How does law function at the micro level?

aw provides the “rules of the game” for businesses by restricting certain actions and encouraging others. Businesses can use the law as a shield to protect themselves or a sword to take action against competitors, such as through lawsuits.

What is the Critical Legal Studies school?

The CLS school believes that law is not neutral but is influenced by politics, wealth, and power. The wealthy and powerful have historically used law to control and oppress less powerful groups, creating an unequal distribution of rights and resources. CLS seeks to change laws and eliminate these power structures.

Stare decisis

The principle that courts should follow precedent and decide similar cases consistently with previously decided cases. This helps make the law predictable and consistent.

Case of first impression

A case involving a new legal issue or situation that a court has never decided before. Courts may look at decisions from other states for guidance.

Contract law

Determines which promises or agreements are legally enforceable and under what circumstances.

Tort Law

Deals with harm or injury caused by one person or business to another when no contract exists, such as defamation or negligence.

Civil vs. Criminal Law

• Civil: Usually disputes between private parties; proof = preponderance of the evidence; remedies include money damages or injunctions.

• Criminal: Government prosecutes someone for wrongdoing against society; proof = beyond a reasonable doubt; punishments include fines or jail.

Procedural Law

he rules and processes courts and agencies follow when handling a legal dispute. It explains how a case is handled, while substantive law explains what the law is

What’s the primary purpose of the changes to the Federal Rules of Civil Procedure regarding discovery

The purpose of discovery is to let both sides learn the facts and evidence before trial, including potential witnesses, relevant issues, and documents.

Approximately how much of all legal disputes are handled in limited jurisdiction courts

More than 80% of cases are handled by limited jurisdiction courts

What are the types of cases heard by limited jurisdiction courts

They hear minor criminal cases (such as traffic offenses and petty assaults) and civil cases involving smaller amounts of money.

What are the exclusive federal court jurisdiction cases

Cases that can only be heard in federal court include disputes between states, cases involving ambassadors, federal crimes, bankruptcy, admiralty/maritime cases, antitrust cases, and other cases specifically assigned by federal law.

What’s definition of personal jurisdiction

Personal jurisdiction is a court’s authority over a particular defendant. The court must have a legal basis to bring that defendant into the case, such as sufficient contacts with the state.

What is venue?

The proper geographic location where a court case should be filed. It is usually determined by statute, such as where the plaintiff lives or where the defendant lives or has an office.

What is an interrogatory?

A written request for answers to specific questions sent by one party to the opposing party during discovery.

What is a motion for summary judgment?

A request to end the case without a trial because there is no genuine issue of law or fact that reasonable people could disagree about.

What is a motion for a directed verdict typically based on?

It is based on a party failing to present legally sufficient evidence to meet their burden of proof, leaving no real issue of fact for reasonable jurors to decide

How is a JNOV (Judgment Notwithstanding the Verdict) different from a directed verdict?

A directed verdict happens before the jury reaches a verdict; a JNOV happens after the jury has already reached a verdict and the judge determines that the verdict cannot legally stand.

How does diversity jurisdiction work?

A federal court can hear a case based on state law when the parties are from different states and the amount in controversy is more than $75,000. There must be complete diversity between the parties.

Where can you try a copyright case

Federal court only because federal courts have exclusive jurisdiction over copyright cases.

What is required to file this motion?

The defendant argues that even if all the plaintiff’s allegations are true, they do not amount to a valid legal claim for which the court can provide relief.

Can inadmissible evidence be obtained during discovery?

Yes. Discovery is broader than evidence admissible at trial, so parties can obtain information that may ultimately be inadmissible.

What is appellate Jurisdiction?

The authority of an appellate court to review a lower court’s decision for legal errors or whether the trial followed the applicable law. It generally does not involve new witnesses or new evidence.

Why does each state get two senators regardless of population?

To balance the influence of large and small states in Congress. Every state gets two votes in the Senate, regardless of population.

What is the Supremacy Clause?

It establishes the Constitution as the “supreme Law of the Land,” meaning federal law generally takes priority over conflicting state law.

What is federalism?

A system of shared governance between the federal government and state governments, where some powers belong to the federal government and others are reserved to the states.

Which amendment is often considered the most important, and why?

The Fourteenth Amendment because it requires states to provide due process and equal protection of the laws. It extends constitutional protections to actions by state governments, not just Congress.

What is judicial review?

The power of the Supreme Court to interpret the Constitution and strike down federal or state laws, and even presidential actions, that violate the Constitution.

Who does the First Amendment's free speech protection apply to?

It applies to government action—federal, state, and local governments. It generally does not restrict private companies or individuals.
⭐ Remember: Government = restricted; private employer = generally not restricted.

What are the limits on free speech involving defamation?

Truth is a defense to defamation. Public officials and public figures must generally prove the defendant acted with actual malice—meaning they knew the statement was false or acted with reckless disregard for the truth.

What is required when the government takes private property?

Under the Takings Clause, the government may take private property for a public purpose, but it must provide just compensation to the property owner.

How is equal protection applied to different types of regulations?

• Minimal/Rational Basis: Economic & social regulations → must have a rational relationship to a legitimate government goal.

• Intermediate: Gender classifications → must be substantially related to an important government objective.

• Strict Scrutiny: Race, ethnicity & fundamental rights → must be necessary to achieve a compelling government interest; rarely upheld.

How does implied preemption work?

It occurs when federal law implicitly overrides state law, even without explicitly saying so. This can happen when federal law occupies the entire field, when state and federal laws directly conflict, or when the state law frustrates federal purposes.

How can corporations and corporate managers be criminally punished?

Corporations can face large fines, while corporate managers can face fines and/or jail time for violating criminal laws.

What is the difference between criminal law and civil law?

Criminal law involves the government prosecuting someone for harm to society. Civil law involves individuals or organizations seeking compensation or another remedy for harm done to them

What is mens rea?

The “guilty mind” or criminal intent required for many crimes. A person generally must have the required mental state when committing the criminal act.

What is an attempt offense?

Trying to commit a crime can itself be a crime, even if the crime isn't completed. The person must go beyond mere preparation and take an actual step toward committing the crime.

What does a grand jury do?

Determines whether there is probable cause/evidence sufficient to bring formal criminal charges. It determines whether to indict—not whether the person is guilty.

What is a felony, and what are examples?

A serious crime, usually punishable by more than one year in prison or death. Examples include murder, rape, kidnapping, armed robbery, embezzlement, fraud, insider trading, and racketeering.

What is the general rule if a citizen doesn't know or understand a criminal statute?

Ignorance of the law is generally no excuse. You can still be held responsible even if you didn't know the law existed

What is the felony murder rule?

A death that occurs during the commission of a felony can be considered murder, even if the person did not intend to kill. It can also apply to accomplices, such as a getaway driver.

When can police search without a warrant?

Common exceptions include:

• No reasonable expectation of privacy (e.g., garbage)

• Emergency situations

• Vehicle searches with probable cause

• Searches incident to an arrest

When can a confession obtained before Miranda warnings be excluded?

If the person is in custody and being interrogated, police generally must first give Miranda warnings. A confession obtained without required warnings may be inadmissible.

Who gets to decide whether a crime is prosecuted?

The prosecutor/government decides whether to bring criminal charges. The victim cannot stop the prosecution by choosing not to press charges, although their cooperation may influence the prosecutor's decision.

Can mens rea be inferred from circumstantial evidence?

Yes. Criminal intent can be inferred from the circumstances and actions surrounding the crime. It does not always have to be proven directly

How does factual impossibility work with attempted crimes?

Factual impossibility usually is NOT a defense to an attempt. If someone intends to commit a crime and takes the necessary steps, they can generally be guilty of an attempt even if circumstances make the crime impossible to complete.

What is the difference between larceny, robbery, embezzlement, and false pretenses?

• Larceny: Wrongfully taking someone else's property with intent to steal.

• Robbery: Larceny accomplished through violence or intimidation.

• Embezzlement: Wrongfully taking property that was legally entrusted to you.

• False pretenses: Getting someone to give you ownership/title to their property through intentional false statements about facts.

How does the exclusionary rule work?

Evidence obtained by police through an unconstitutional search or seizure is generally excluded from being used at trial.

Where does the presumption of innocence come from?

it is a fundamental constitutional right requiring that a defendant be treated as innocent until proven guilty. The government must prove guilt beyond a reasonable doubt.

What is the constitutional right to cross-examine?

Under the Sixth Amendment, a criminal defendant has the right to confront and cross-examine witnesses against them.