Chapter 1

Question 1

Law

Answer 1

the order or pattern of rules that society uses to govern the conduct of individuals and their relationships (collection or bundle of rights)

consists of the body of principles that govern conduct and can be enforced in courts or by administrative agencies

Question 2

Why have law?

Answer 2

Need for rule and order

when interactions are not orderly our rights are affected

Question 3

Right

Answer 3

a legal capacity to require another person to perform or refrain from performing an act

Question 4

Where are our rights from?

Answer 4

US Constitution, state constitutions, federal and state statutes and regulations,

Question 5

Within the sources of rights are what?

Answer 5

duties

Question 6

Duties

Answer 6

an obligation of a law imposed on a person to perform or refrain from performing a certain act

Question 7

Duties and rights coexist…

Answer 7

no right exists in one person without a corresponding duty resting on some other person(s)

For example, if the terms of a lease provide that the tenant has the right to live comfortably in a place kept in good condition,
the landlord has corresponding duties to provide such a dwelling, including things such as heat in the winter and hot and
cold running water.

Question 8

The US constitution gives what

Answer 8

individual rights including …
right to freedom of speech, press, vote etc.

Question 9

Right to due process

Answer 9

the right to have a hearing before any freedom is taken away

Question 10

What duties accompany individual rights?

Answer 10

speak in a way that does not cause harm to others

For example, individuals are free to express their opinions about the government or its officials, but they would not be permitted to falsely warn “Fire!” in a crowded theater because of the chaos and unnecessary harm to others that would follow

Question 11

Can rights in the USC be taken away?

Answer 11

No these are rights that cannot be taken away or violated by any statues, ordinances or court decisions

these rights provide a framework for the structure of gov and other laws

Question 12

What components are in the right of privacy? and from what amendments?

Answer 12

1. right to be secure against unreasonable searches and seizures- 4th amendment
2. protects individuals against intrusion by others

Question 13

At the base of the framework of laws is..

Answer 13

constitutional laws

Question 14

What is constitutional Law

Answer 14

branch of law that is based on the constitution

Question 15

A constitution

Not US just a broad def

Answer 15

a body of principles that establishes the structure of a government and the relationship of that government to the people who are governed

Question 16

Statutory Law

Answer 16

includes legislative acts

ex. traffic laws, zoning laws

Question 17

Who enacts statutory law

Answer 17

congress and state legislatures

Question 18

examples of congressional legislative enactments

Answer 18

• securities act of 1933
• sherman antitrust act
• bankruptcy laws
• consumer credit protection

Question 19

At the state level statues govern what

Answer 19

• creation of corporations
• probate of wills
• transfer of title to property

Question 20

Administrative regulations

Answer 20

rules promulgated by state and federal administrative agencies such as (sec) (epa)

ex. restriction on carbon emissions by businesses

Question 21

Private Law

Answer 21

rules and regulations parties agree to as part of their contractual relationship

individuals and businesses create their own laws

ex. landlords develop rules for tenants
employers develop rules for employees

Question 22

Case Law

Answer 22

principles that are expressed for the first time in a court room

Question 23

Case law plays how many roles

Answer 23

3 roles

1. clarifying the meaning of statues/or providing statutory interpretation
2. creating precedent
3. developing a body of law that is not statutory but addresses long standing issues

Question 24

Precedent

Answer 24

when a court decides a new question or problem its decisions becomes precedent which stands as the law in future cases that involve that particular problem

Question 25

Using precedent and following decisions is also known as the doctrine of

Answer 25

stare decisis

Question 26

How is the rule of stare decisis flexible

Answer 26

when a court finds an earlier decision to be incorrect, they can overrule the decision

Ex. National Federation of Independent Business vs Sebelius (2012)

Burwell v Hobby Lobby Stores (2014)

Question 27

Common Law

Answer 27

time honored rules of the community

Question 28

What are other forms of law

Answer 28

treaties, proclamations and executive orders

Question 29

UCC

Answer 29

Uniform Commercial Code- regulates sale and lease of goods/ financial transactions

Question 30

Substantive Law

Answer 30

creates, defines and regulates rights and liabilities

this law determines when a contract is formed

Question 31

Procedural Law

Answer 31

specifies the steps that must be followed to enforce those rights and liabilities

Question 32

Laws that prohibit computer theft

Answer 32

substantive law

Question 33

Prosecution for someone of computer theft follows

Answer 33

Procedural law

Question 34

Criminal Laws

Answer 34

define wrongs against society

Question 35

Civil Laws

Answer 35

define the rights of one person against another

Question 36

Criminal law violations carry

Answer 36

fines and imprisonment as penalty

Question 37

Civil law carries

Answer 37

damage remedies for the wronged individual

Question 38

example of criminal and civil law

Answer 38

if you run a red light = punished under criminal law

if you run a red light and strike a pedestrian = violation of criminal law AND civil law ( civil law making you responsible for the person you hit) medical bills , lost work time, etc.

Question 39

Equity

Answer 39

body of law that provides justice when the law does not offer an adequate remedy or the application of the law would be unfair

ex. CL vs YSL

Question 40

Law can be classified as …

Answer 40

substantive or procedural

Question 41

Sources of law include

Answer 41

constitutions, federal and state statues, administrative regulations, ordinances, and uniform laws

Question 42

What is the difference between common law and statutory law

Question 43

Under what circumstances would a court disregard precedent