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LOMA 311- ISTAR > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

Name 4 primary sources of the law

A
  1. constitutions
  2. statutes
  3. admnistrative regulations
  4. treaties and international agreements.
  5. Case law
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2
Q

Define constitution

A

a document or group of documents that sets out the fundamental principles that determine the powers and duties of the government and the rights of the people.

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3
Q

What does the constitution establish in a country?

A

the organizational structure of a nations government.

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4
Q

Name 3 branches of government found in most countries

A
  1. legislative branch
  2. executive brance
  3. judicial branch
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5
Q

what are 3 primary governmental functions?

A
  1. creating laws
  2. administrating laws
  3. resolving disputes
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6
Q

define legislative branch

A

legislative bodies that are responsible for enactive laws to govern the applicable jurisdiction

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7
Q

define executive branch

A

consists of a number of agencies or ministries that are responsible for admin, enforce, and carrying out laws

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8
Q

define judicial branch

A

system of courts responsible for applying and interpreting the jurisdiction laws

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9
Q

In other countries they are parliamentary democracies. What is this?

A

which the legislative branch of government, usually known as the parliament, has ultimate authority for making all laws a general description of the operation of parliamentary democracies is set fourth

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10
Q

define a federal system

A

a federal government and number of lower level governments share governmental powers.

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11
Q

what do you call laws enacted by a legislature?

A

statutes, which typically declare, command, or prohibit something.

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12
Q

how is statutory law comprised?

A

satutues, (legislature enactments) create the body known as statutory law.

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13
Q

who authorizes the creation of legislatures?

A

the US federal and state constitutions, which consist of two houses known as theSenate and the house of representatives.

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14
Q

What do you call the legislative branch of the federal government (name)

A

Congress

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15
Q

What to you call the legislative branch of a state government?

A

state legislature

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16
Q

In the US, all the federal statutes have been complied to be called what?

A

US code

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17
Q

The laws enacted by a given state typipcally are known as what?

A

the state code

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18
Q

what is a state insurance code?

A

a portion of the state code that is dedicated to regulating the insurance industry within the applicable state.

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19
Q

who is authorized to administer or carry out a jurisdiction law?

A

the executive branch of a government

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20
Q

Who is reponsible for carrying out federal laws?

A

the federal executive branch.

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21
Q

Who is responsible for carrying out the laws of the state

A

the executive branch of a state government, headed by state governor

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22
Q

What is an administrative agencie?

A

a variety of departments who are responsible for administrating specific aspects of the law,

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23
Q

Name 3 examples of federal administrative agencies?

A
  1. department of the treasury
  2. department of justice (SOJ)
  3. Securities and exchange commissions (SEC)
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24
Q

Name 2 state administrative agencies

A
  1. office of the secretary of state

2. Office of the Attorney General.

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25
Q

define regulations

A

rules or orders that are issued by administrative agencies and that have the same force and effect as statutes.

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26
Q

what is administrative law?

A

grouping of regulations that have the same force and effect as statutes.

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27
Q

define administrative code

A

The regulations of each governmental unit are compiled into that jurisdiction’s administrative code.

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28
Q

What is the purpose of the state insurance department?

A

they are responsible for enforcing the state insurance code and ensuring that insurance companies conducting business within the state comply with all state insurance laws.

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29
Q

What is a tready

A

a legally binding agreement entered into by two or more nations which agree to abide by the terms of the treaty.

30
Q

what do you call the written decision of the courts that form a body of the law?

A

case law.

31
Q

what are substantive laws?

A

laws that create, define and regulate legal rights and duties.

32
Q

What a procedural laws?

A

define the methods that exist to enforce substantive laws.

33
Q

procedural laws specify the types of cases that each court has jurisdiction to hear. What is a jurisdiction?

A

refers to the authority of a court to hear specific cases.

34
Q

What are trial courts?

A

AKA: courts of original jurisdiction

its a court that first hear disputes.

35
Q

What is an appellate court?

A

they are authorized to review the decision of lower courts.

36
Q

Appeal court decisions are published into a series of volumes known as what?

A

reports or reporters.

37
Q

Name (dont define) 3 common legal systems

A
  1. common law systems
  2. civil law systems
  3. mixed legal systems
38
Q

What is a common law system?

A

a legal system that is based on the common law of England (English Laws )

39
Q

what is a jurisdiction in terms of geography

A

a geo area of legal authority.

40
Q

What do you call a jurisdiction that basis its legal system on the common law of english,

A

common law jurisdiction.

41
Q

Define common law

A

an unwritten body of general principles and rules of law developed and followed by the courts.

42
Q

What is the unique feature of the common law system, in terms of making decisions?

A

The courts follow a general rule known as the doctrine of stare decisis.

43
Q

What is stated in the doctrine of stare decisis

A

when a court finds that a specific principle of law applied to a certain set of facts, the court will apply that principle to all future cases in which the facts are substantially the same.

44
Q

What is precedent?

A

the decision in a prior case that is implemented on all similar proceeding cases. By relaying on this, the courts are able to enfore the laws in uniform, predictable and impartial manner.

45
Q

is the doctrine of stare decisis adaptable?

A

yes, it is not totally inflexible. The courts have authority to depart from precedent when the facts of a case warrant it, or when strong public policy reasons favour such a departure.

46
Q

NAme some countries with common law systems

A

canada (not quebec)

bahamas, U.S, U.K, NZ, autralia

47
Q

Name some countries with civil law systems

A 
Germanly
colombia
france
italy
spain
vietnam
48
Q

Name some countries who have mixed legal systems

A 
hong kong
india
japan
pholotoes
peoples republic of china.
49
Q

How long does a precedent remain in force?

A
  1. until a court overturns the precedent or 2. a statute is enacted that changes the legal principle that underlies the precedent.
50
Q

What happens when no statute or precedents apply to an issue before a court?

A

the courts apply the general principles of common law

51
Q

What is a civil law system?

A

a legal system based on the roman legal system in which the laws are codified into written codes enacted by the legislature.

52
Q

what is a code (in terms of law)

A

A comprehensive written statement of rules that embody the general principles of law that apply in a given civil law jurisdiction.

53
Q

Each jurisdiction has enacted a civil code that contains general principles of law that apply to relationship betwen people when?

A

birth, adoption, marriage, death, contracts and personal liability.
- and property rights

54
Q

Does civil law courts follow a different decision-making procedure than followed by common law courts?

A

yes, but they arrive to similar decisions on similar issues.

55
Q

define a mixed legal syste4m

A

they contain elements of more than one basic type of legal system.

56
Q

what is defined under the islamic legal system

A

the law is set out in the book of scripture known as the Koran and the law of the koran is unchanging.

57
Q

What is the customary law system?

A

where members of a community have accepted local customs as binding on the community’s from jurisdiction to jurisdiction.

58
Q

name the 3 steps in a court’s decision-making procedures for a common law system

A
  1. court looks at the applicable written law (statutes and regulations)
  2. IF none apply, the court applies doctrine of stare decisis,
  3. if no precedent apply, then court applies general principles of the common law
59
Q

Name the 3 steps in a courts decision-making procedures for a civil law system

A
  1. A court first looks to the applicable code,
  2. If no code applies, court applied the general principle of law set out in the applicable code
  3. Although not bound to follow precedents, the court will be influences by its own prior decision.
60
Q

Do court systems operate as separate or conjoint, independent or dependent units?

A

seperate and independent units.

61
Q

what do you call the judicial officer who presides over a court

A

judge

62
Q

there are two levels of appellate courts in the states. What are they?

A
  1. supreme court-

2. state court of appeal

63
Q

The US. federal court system consist of 3 levels of courts. Name them (dont define)

A
  1. district courts
  2. thirteen circuit courts of appeal
  3. Supreme court
64
Q

What is district courts

A

sit in every state, and act as a trial courts with jurisdictions to hear only specific types of cases as set out in the constitution and various federal laws.

65
Q

What is the thirteen circuit courts of appeal?

A

have jurisdiction to hear cases in which the decision of a district court is appealed by one of the parties involved in a trial.

66
Q

What is the supreme court?

A

the country’s highest court it hears only certain appeals, from lower courts and cases involving any of the states or a foreign official, such as an ambassador.

67
Q

Define the term ethics

A

a system of accepted standard of conduct and moral judgement that combines the elements of honesty, integrity and fair treatment.

68
Q

How do you make an ethical business decision.

A

behaving in accordance with accepted legal and moral principles of Right and wrong

69
Q

what are some benefits for coorporations by operating ethically?

A
  1. enhance their good reputations
  2. hire and retain top-quality employees
  3. avoid lawsuits
  4. help detect and precent fraud and other crimes.
70
Q

What are the federal sentencing guidelines?

A

U.S. federal rules that set out uniform policies, for sentencing individuals and organizations that have been convicted of serious federal crimes.

71
Q

what is the purpose of the feberal sentencing guidelines>

A

they provide incentives, (in form of reduced penalties) for organizations to take steps to prevent illegal conduct by individuals within the organization.

72
Q

Name 7 things organizations must do, to establish an effective compliance and ethics program that meets the standards set by the sentencing guidelines

A
  1. establish compliant standards and procedures
  2. place responsibilty of compliant on high-level executives
  3. ensure auritories are of high character
  4. communicate organization’s standards and procedures to all personnel.
  5. take steps to acheive compliance with the organization’s standards.
  6. enforce the standards through appropriate disciplinary mechanism,
  7. take steps after an offence to respond appropriately and prevent further instances.

LOMA 311- ISTAR (15 decks)

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