Ch 1. Types and Sources of Laws

Question 1

Fire departments are creatures of ____. in other words, fire departments are created by ___ and governed by ___. (1)

Answer 1

law; laws; laws

Question 2

That which must be obeyed subject to sanction or consequences by the government. (3)

Answer 2

a Law

Question 3

The US Constitution serves 2 primary functions: (5)

Answer 3

1) it serves as the supreme law of the land

2) establishes our democratic form of government

Question 4

___ branch is responsible for creating laws and imposing taxes. (5)

Answer 4

The legislative

Question 5

___ branch is responsible for enforcing the laws and running the day-to-day operations of government. (5)

Answer 5

The executive

Question 6

___ branch is responsible for conducting trials, handling appeals, and interpreting laws within the context of cases. (5)

Answer 6

The judicial

Question 7

The balance of power is effective because no one branch can function without ____. (5)

Answer 7

reliance upon the other branches

Question 8

A ____ effectively prevents an act of Congress from becoming a law, unless the Congress overrides it by a two-thirds majority vote. (5)

Answer 8

veto

Question 9

A court has jurisdiction to act only when ___. (6)

Answer 9

a case of controversy has been brought before it

Question 10

A ___ serves as the highest law within the state, subject only to the US Constitution.

Answer 10

state constitution

Question 11

The term ___ refers to an organizing law that is established by the people themselves. (6)

Answer 11

constitution

Question 12

A ___ differs from a constitution in that it is an organizing law that is issued by a sovereign, such as a state. (6)

Answer 12

charter

Question 13

Local charters are issued by ___ pursuant to state constitutional authority. (6)

Answer 13

the state legislature

Question 14

The charter specifies the legal authority of the municipality and ___. (6-7)

Answer 14

designates its boundaries

Question 15

___ are considered to be subdivisions of the state because they are created by the state , for the purpose of helping the state address the safety and well being of the residents. (7)

Answer 15

Municipalities

Question 16

___ laws allow the citizens of a municipality to adopt or amend their own charter, without having to go back to the state legislature. (7)

Answer 16

Home rule charter

Question 17

A ___ is a process for the eligible voters in a community to vote on a given law. (7)

Answer 17

referendum

Question 18

___ serve as the supreme law of the local jurisdiction and set up the form of local government. (7)

Answer 18

Municipal charters

Question 19

The laws that Congress passes are called ___. (7)

Answer 19

statutes

Question 20

Federal statutes are organized into a large body of laws called ___. (7)

Answer 20

the US Code (U.S.C.)

Question 21

On the local level, the legislative body of a municipality, such as a city or town council, has the authority to enact laws called ___. (7)

Answer 21

ordinances

Question 22

Federal administrative agencies can be authorized by Congress to pass laws of their own, called ___. (8)

Answer 22

regulations

Question 23

Federal regulations are compiled and placed into a code called ___. (8)

Answer 23

the Code of Federal Regulations (CFR)

Question 24

___ refers to the written decisions of judges issued in the process of deciding actual cases and can set binding precedent for future cases decided in the same jurisdiction. (9)

Answer 24

Case law

Question 25

Written decisions are commonly organized into series of books called ___. (9)

Answer 25

case books or reporters

Question 26

___ refers to judge-made law that developed in England, and was in use in the American colonies prior to the Revolution. (11)

Answer 26

Common law

Question 27

Legislatures at the federal, state, and local levels may authorize the executive, be it the president, governor, or mayor, to issue ___, which have the effect of law. (11)

Answer 27

executive orders

Question 28

___ is a court order directing a party to a lawsuit to do or refrain from doing some act. (11)

Answer 28

An injunction

Question 29

___ refers to voluntary guidelines and recommendations that do not carry the force and effect of law. (12)

Answer 29

Standards (may also be referred to as codes)

Question 30

___ represent generally accepted industry-wide practices and recommendations. (13)

Answer 30

Consensus standards

Question 31

The term ___ refers to the need for a general agreement, but not a unanimous vote of all members involved in the development of the standard. (13)

Answer 31

consensus

Question 32

Governments may adopt standards into law in one of two ways: (13)

Answer 32

1) the legislative branch may adopt a standard through legislation
2) an administrative agency may adopt a standard through a rulemaking process

Question 33

___ refers to laws that are designed to prevent harm to society in general. (15)

Answer 33

Criminal law

Question 34

___ refers to laws that are designed to address the relative rights between parties where one part has been wronged by another, as well as matters related to probate, domestic relations, workers’ compensation, and other noncriminal matters. (13)

Answer 34

Civil law

Question 35

A criminal case must be brought by ___, and must be based upon the violation of a specific criminal law. (13)

Answer 35

the government

Question 36

In a civil case, a person or organization, called ___, files suit against another party named ___. (15)

Answer 36

the plaintiff; the defendant

Question 37

The civil burden of proof is often described as ___, which means the plaintiff needs only to prove that it was more than likely than not that the defendant was wrong. (16)

Answer 37

“by fair preponderance of the evidence”

Question 38

___ refers to the legal authority of a person, official, court, or agency to take an official action; it is initially defined for each level of government by its corresponding constitution or charter. (16)

Answer 38

Jurisdiction

Question 39

The Tenth Amendment states that: (17)

Answer 39

States have inherent authority to exercise all jurisdiction that is not specifically given to the federal government by the Constitution

Question 40

When it comes to matters of public safety and the health and welfare of the people, states have broad powers to pass laws as they see fit to protect their citizens. (17)

Answer 40

Police powers (one of the most important judicial powers left to the states)

Question 41

Police powers jurisdiction includes matters pertaining to __4__. (17)

Answer 41

1) fire protection
2) emergency medical response
3) fire codes
4) criminal offenses

Question 42

Most criminal offenses are made and enforced at the ___ level. (17)

Answer 42

state

Question 43

The federal government is limited in what criminal laws it can pass, because ___. (17)

Answer 43

it does not have jurisdiction to exercise broad police powers as do states.

Question 44

It is the ___ that have the broadest discretion to pass laws governing activities that occur within their borders. (17)

Answer 44

individual states