REVIEW FOR EXAM #1 – FIL 185 TR
SPRING 2015
General
33 m/c questions, worth 100 points, covering Legal Process, Ethics and the Law, and the American Court
System. You can use the full class period if you need to.
BRING A #2 PENCIL.
Legal Process
Historically, know which philosophies, theories and other factors influenced the development of law &
government.
Divine right of kings – the king can do no wrong
oThose with money, create the law
oHobbes –
oMarx – the ones at the top will eventually be overthrown by lower class members. Did not want
to create a new gov’t
Natural rights theory – universal moral and ethical principles are inheretent in human nature
Positivism/Legal Realism – predictablitly and enofrecablity of laws created by gov’t are essential
oLegal realism is the same as positivism
oA law that is not enforced is not a law at all
oPredictability is essential (what consequences follow)
oEnforceability is a law
How does Legal Realism (also known as Positivism) view the law?
Predictability and enforceability of laws created by gov’t are essential
Lawyers should be able to predict the outcome of any lawsuit
A law that is not enforced is not a law at all
Predictability is essential (what consequences follow)
Enforceability is a law
If a person sues somebody, what types of remedies can a court award? (HINT: One of them is $)
Damages – when you sue for money
oNominal – usually $1. Wrong is recognized, but no real damages were suffered
oCompensatory – actual value of the loss suffered (sue for the amount of damages)
oPunitive – money awarded in excess of injured persons actual loss
Equitable relief – court orders the wrongdoer to do or not to do a particular act
oInjunction – court order telling someone not to do something
oSpecific performance – court order telling someone to comply w/terms of a contract
Know what the doctrine of stare decisis is, how it works, and when it can be disregarded and replaced with new
law
Looks at decided cases and use precedents
Rule of precedents: Lower courts must follow decisions of higher courts