Constitutional Law and Statutory Law Overview

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12 Questions

What is the cornerstone of the common law tradition?

Stare decisis

Which school of legal thought believes that laws must be obeyed even if they are unjust to prevent anarchy?

Legal positivism

What does the IRAC method of legal reasoning stand for?

Issue, Rule, Application, Conclusion

Which type of law stresses the evolutionary nature of law and looks to doctrines that have stood the test of time?

Historical school

What do courts grant when a legal remedy is deemed inadequate or unavailable?

Specific performance

Which term refers to a means by which a court enforces a right or compensates for a violation of a right?

Remedy

Which type of law is expressed in the U.S. Constitution and the various state constitutions?

Constitutional law

What is the status of state constitutions in relation to the U.S. Constitution and federal laws?

Supreme within state borders unless they violate the U.S. Constitution or a federal law

When adopted by a state legislature, what do uniform laws become in that state?

Statutory law

What are the functions of federal administrative agencies?

Rulemaking, investigation and enforcement, and adjudication

In the legal system, what does case law govern?

Areas not covered by statutory law or administrative law

Where did the Common Law originate?

In medieval England with the creation of the king’s courts

Learn about Constitutional law which refers to the law as expressed in the U.S. Constitution and state constitutions, and how they interact with statutory laws created by federal, state, and local legislatures. Understand the hierarchy of laws at the federal and state level.

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