Chapter 1

Question 1

Law

Answer 1

A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences

Question 2

Functions of the law

Answer 2

Keeping the peace;
Promoting social justice;
Maintaining the status quo;
Facilitating orderly change;
Facilitating planning;
Providing a basis for compromise;
Maximizing individual freedom

Question 3

According to Judge Jerome Frank:

Answer 3

The law always has been, is now, and will ever continue to be, largely vague and variable

Question 4

Jurisprudence

Answer 4

The philosophy or science of law

Question 5

Natural Law School

Answer 5

Postulates that the law is based on what is “correct.” Discovered by humans through the use of reason and choosing between good and evil. (Ex. US Constitution, Magna Carta, and United Nations Charter)

Question 6

Moral theory of law

Answer 6

Law should be based on morality and ethics.

Question 7

Historical School

Answer 7

Believes that law is an aggregate of social traditions and customs that have developed over the centuries

Question 8

Analytical School

Answer 8

Maintains that the law is shaped by logic

Question 9

Sociological School

Answer 9

Asserts that the law is a means of achieving and advancing certain sociological goals

Question 10

Command School

Answer 10

Believe that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society’s morality, history, logic, or sociology. Law changes when the ruling class changes

Question 11

Critical Legal Studies School

Answer 11

Maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness

Question 12

Law and Economics School

Answer 12

Believes that promoting market efficiency should be the central concern of legal decision making

Question 13

Common law

Answer 13

Law developed by judges who issued their opinions when deciding a case The principles announced in these cases became precedent for later judges deciding similar cases

Question 14

Law court

Answer 14

A court that developed and administered a uniform set of laws decreed by the kings and queens after William the Conqueror; legal procedure was emphasized over merits at that time

Question 15

Court of Chancery

Answer 15

A court that granted relief based on fairness. Also called Equity Court

Question 16

Merchant Court

Answer 16

The separate set of courts established to administer the “law of merchants”

Question 17

Law Merchant

Answer 17

Laws established by merchants who traveled about England and Europe to solve their commercial disputes

Question 18

Constitution of the United States of America

Answer 18

The supreme law of the United States

Question 19

Legislative (Congress)

Answer 19

Power to make (enact) the law

Question 20

Executive (president)

Answer 20

Power to enforce the law

Question 21

Judicial (courts)

Answer 21

Power to interpret and determine the validity of the law

Question 22

Treaty

Answer 22

A compact made between two or more nations

Question 23

Statutes

Answer 23

Written laws enacted by the legislative branch of the federal and state governments that establish certain courses of conduct that must be adhered to by covered parties

Question 24

U.S. Congress enacts federal statutes which include:

Answer 24

Antitrust laws, security laws, bankruptcy laws, labor laws, equal employment opportunity laws, environmental protection laws, and consumer protection laws

Question 25

State legislatures enact state statutes which include:

Answer 25

Corporation laws, partnership laws, workers’ compensation laws, and the Uniform Commercial Code

Question 26

Ordinances

Answer 26

Laws enacted by local government bodies such as cities and municipalities, countries, school districts, and water districts