Ch. 1: Introduction to Law

Question 1

Definition of law

Answer 1

“ A rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong” (William Blackstone)

Question 2

Functions of law

Answer 2

To maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change.

Question 3

Laws and morals

Answer 3

Are different but overlapping; law provides sanctions while morals do not.

Question 4

Law and Justice

Answer 4

Are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good.

Question 5

Substantive law

Answer 5

Law creating rights and duties.

Question 6

Procedural law

Answer 6

Rules for enforcing substantive law. Defines the method by which to obtain a remedy in court.

Question 7

Public law

Answer 7

Law dealing with the relationship between government and individuals.

Question 8

Private law

Answer 8

Law governing the relationships among individuals and legal entities.

Question 9

Civil law

Answer 9

Law dealing with rights and duties, the violation of which constitutes a wrong against an individual or other legal entity.

• a wrong has been committed against the party injured by the violation.
• civil law is a part of private law.

Question 10

Criminal law

Answer 10

Law establishing duties that, if violated, constitute a wrong against the entire community.
-part of public law.

Question 11

Constitutional law

Answer 11

Fundamental law of a government establishing its powers and limitations.

All other law in the United States is subordinate to the federal constitution. No law, federal or state, is valid if it violates the federal constitution.

Question 12

Common law

Answer 12

Body of law originating in England that serves as precedent for determination of later controversies.

Relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.

Question 13

Equity

Answer 13

Body of law based upon principles distinct from common law and providing remedies not available at law.

Question 14

Legislative law

Answer 14

Statutes adopted by legislative bodies.

Question 15

Treaties

Answer 15

Agreements between or among independent nations.

Question 16

Executive orders

Answer 16

Laws issued by the President or by the governor of a state.

Question 17

Administrative law

Answer 17

Law created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out the regulatory powers and duties of those agencies.

Question 18

Right

Answer 18

Legal capacity to require another person to perform or refrain from performing an act.

Question 19

Public law is made out of
1)
2)
3)

Answer 19

Constitutional law
criminal law
administrative law

Question 20

Private law consists of…
1)
2)
3)
4)
5)
6)
7)
8)

Answer 20

Contracts 
Sales
Torts
Property 
Agency
Commercial Paper
Partnerships

Can
Sumaira
Teach
Pimps
Apple,
Cranberry, 
And 
Cucumber
Picking

Question 21

Judicial review

Answer 21

Authority of the courts to determine the constitutionality of legislative and executive acts.

Question 22

In civil law…
Who takes action?
For what purpose?
What is the burden of proof?

Answer 22

-anyone can sue
-monetary compensation
-preponderance of the evidence (51%)

Question 23

In criminal law…
Who takes action?
Purpose?
Burden of proof?

Answer 23

• state or federal government prosecuted an indictment.
• freedom or death; punishment, deterrence, rehabilitation, preservation of peace.
• beyond a reasonable doubt

Question 24

Define adversary system

Answer 24

In an adversary system, the parties, not the court, most initiate and conduct litigation.

This approach is based on the belief that the truth is more likely to emerge from the investigation and presentation of evidence by two opposing parties, both might motivate by self interest, then from judicial investigation motivated only by official duty.

Question 25

Civil law systems

Answer 25

• unlike the common law system, civil law is based on Roman law.
• depend on comprehensive legislative enactments (called codes) and an inquisitorial system of determining disputes.

Question 26

Inquisitorial system

Answer 26

• The judiciary initiates legislation, investigates pertinent facts, and conducts the presentation of evidence.
• The civil law system prevails in most of Europe, Scotland, the state of Louisiana, the province of Quebec, Latin America, and parts of Africa and Asia.

Question 27

Stare decisis

Answer 27

• “to stand by the decisions”
• courts adhere to and rely on rules of law that they or superior courts relied on and applied in prior similar decisions.