chapter 1

Question 1

regulations

Answer 1

Are laws made by the executive branch of government through administrative bodies of that branch.
can related to both civil and criminal matters

Question 2

Opinions

Answer 2

Judges actually author written decisions setting forth the facts that influenced the case and the determination of law made by that judge.

These writing are referred as ______________ and are usually published and made available to the public and to lawyers in the future case.

Question 3

Case Law

Answer 3

Common Law and statutory constructions

Question 4

Common Law

Answer 4

laws developed by virtue of court decision.

Question 5

Stare decisis

Answer 5

Reliance on precedence
is an important principle that underlies American Law and works over time towards some measures of consistency and equal treatment of litigations.

Question 6

Ordinances

Answer 6

Local statues

Question 7

Statues

Answer 7

are laws passed by the legislative branch of a government.
are written statements of law contained in law codes and are adopted according to the provisions of the constitutions
are also passed by the federal level by congress in a process typically both houses, the senate and House of Representatives
State Level = state legislatures
local level = city councils, county commissioners, and there like.

can be civil or criminal

Question 8

Bill of rights

Answer 8

the first 10 amendment
fundamental rights of citizenship

Question 9

state constitutions

Answer 9

are dominant over all other laws within the particular state of that particular state.

Question 10

Federal Law

Answer 10

Defeats inconsistent state laws

Question 11

Treaties

Answer 11

properly adopted defeat any other inconsistent state laws.
are international agreements reached between the United States and one or more other counties
are negotiated by the Executive branch of ggovernment but must be confirmed by the Legislative branch pursuant to the constitution.

one critical limitation is that they cannot contravene the United States constitution

Question 12

Constitution

Answer 12

defeats all other inconsistent state or federal laws because its the supreme law of the land.

contains the foundamental convent between citizens and their government

legal authority to make laws.

sets forth both enabling and limiting principles that simultaneously bestow power to the federal government and limits its authority.

Question 13

Procedural Law

Answer 13

control the conduct of government as it intervenes in the affairs of its citizens.
control the activities of citizens as they interact with each other within the legal system.

Question 14

what is substantive Law

Answer 14

they define enforceable rights and duties. They address the need for regulation by defining the regulated conduct and imposing actions or inaction requirements that will be enforced.

Question 15

Remedies in Civil law?

Answer 15

are typically comprised of orders requiring the transfer of money or property form one party to another or orders issued by the court directing the conduct of one part or the other

Question 16

Civil Law standard of proof

Answer 16

Proof by preponderance of the evidence

Question 17

The two most common civil law subjects related too?

Answer 17

1. Enforcement of contracts and compensation claims made pursuant to tort law.

Question 18

What is Civil Law

Answer 18

deals with the resolution of rights between citizens or between citizens and government, where criminal matter is not involved.

can be created by statues,ordinances and common law

Question 19

Examples of business law in business situations

Answer 19

Enron, Bernie Madoff and World Com

Question 20

Remedy for criminal violations?

Answer 20

incarceration, fines, restitution, capital punishment

Question 21

What is the standard of proof in criminal law?

Answer 21

Proof beyond reasonable doubt

Question 22

What is criminal Law

Answer 22

deals with conduct requirements imposed by government on citizens by statues or ordinances.

theft, homicide, rape, assault and battery, perjury, treason and many others.

antitrust, environmental damage, financial disclosure.

Question 23

state constitutions

Answer 23

are dominant over all other laws within the particular state of that particular state.

Question 24

Administrative Procedure Act (APA)

Answer 24

secifies that any rule-making (creations of regulations) must be include the specified amounts of public notice, acceptance and processing of public input, due consideration and fair process, and in some instances rights to appeal wither within the agency or the courts

Question 25

Administrative Agencies

Answer 25

IRS, SSA, the national highway traffic and safety administration (NHTSA), EEOC, Federal trade commission (FTC), the interstate commerce commission (ICC), The securities and exchange commission (SEC), the national labor relations board (NLRB), the Federal Reserve Board (The FED) ,

Question 26

Organic Levels of government

Answer 26

Federal and State

Question 27

federal government

Answer 27

U.S Congress (legislative branch), the president and administrative branches of government (executive branch). Court System (judicial branch)

Question 28

Choice of Law

Answer 28

decisions may be controlled by different rules according to the state or jurisdiction in which a court is making the decision.

only applies to substantive issues of law

Question 29

Commerce Clause

Answer 29

gives the federal government the power to regulate interstate commerce, that is, commerce that crosses state lines.

states are prohibited form discrimination against interstate commerce, which implies that a state cannot penalize businesss form another state.

states are required to give full faith and credit to the judicial determinations of other states which is to say that each state must reasonable honor the proper judgement and orders of other state courts.

Question 30

Due Process

Answer 30

Fifth and Fourteenth Amendments to the constitutions
require that the government act in all matters

Question 31

5th and 14th Amendment

Answer 31

Due Process

Question 32

14th Amendment

Answer 32

Forbids any state government from denying any person within its jurisdiction equal protection under the law

Question 33

Eminent Domain

Answer 33

the government possesses the power to take property from private citizens for appropriate governmental purpose

Question 34

5th Amendment

Answer 34

requires that were the government takes private property, it must pay just compensation, a payment this is usually measured by fair market value of the property

provides that no person can be forced to testify against his or her self in a criminal prosecution; this principle is knows the right against self-incrimination.
Miranda warning

Question 35

Federal supremacy

Answer 35

they federal government is given specific powers by the constitution and other powers are reserved to the states.
for example: the federal government has a comprehensive system of antitrust regulations for interstate commerce. States may not regulate antitrust in matters involving interstate commerce, but may so regulate whiten their boundaries for matters which are exclusively involved with interstate activity

Question 36

Self-Incrimination

Answer 36

5th Amendment
Miranda warning

Question 37

6th Amendment

Answer 37

any person accused in a criminal matter has the right to have legal counsel and representation pursuant

any person accuses of a crime is entitled to a speedy trial

Question 38

right to legal counsels and representation

Answer 38

6th Amendment

Question 39

speedy trial

Answer 39

6th Amendment

Question 40

Fourth Amendment

Answer 40

prohibits unreasonable searches and seizures by government officers

Question 41

Prohibits unreasonable searches and seizures by government officers

Answer 41

fourth amendment

Question 42

Probable cause

Answer 42

Searches and seizures have been determined by Supreme Court to be reasonable if there is _____________ to believe that a search or seizure will produce evidence of a crime

determined solely by judicial officer of the appropriate federal or state jurisdiction

Question 43

fruit of the poisons tree doctrine

Answer 43

any evidence obtained in an illegal search or seizure must be also be excluded in court

Question 44

8th Amendment

Answer 44

prohibits cruel and unusual punishment

Question 45

prohibits cruel and unusual punishment

Answer 45

8th Amendment

Question 46

Doctrine of Sovereignty

Answer 46

Each nation is a sovereign jurisdiction, free to make its own laws and to enforce its own laws within its boundaries.

Question 47

Title VII of the civil rights act

Answer 47

its prohibition against discrimination based on race, color, religion, national origin or sex so far as US citizens are concerned

Question 48

Foreign corrupt Practice act

Answer 48

prohibit us companies from engaging in the practice of bribery with regard to foreign governments, officials or companies, even where law and practice oversees would allow or condone bribery

Question 49

acts of state doctrine

Answer 49

This rule provides that one nation does not second guess the decisions or official acts of another nation.

Question 50

Expropriation

Answer 50

Fidel Castro example
company takes the supposed private property of the business from another

Question 51

Doctrine of sovereign immunity

Answer 51

Sovereign cannot be sued without its consent
claims against the foreign nation are typically barred by _____