Chapter 1: legal heritage and the digital age

Question 1

Functions of law

Answer 1

• keep the peace
• shape moral standards
• promote social justice
• maintain status quo
• facilitate orderly change
• facilitate planning
• provide basis for compromise
• maximize individual freedom

Question 2

Brown vs. Board of Education

Answer 2

ban on segregation in schools

Question 3

Jurisprudence

Answer 3

the philosophy of science of law

Question 4

Natural Law School

Answer 4

based on ground that people could distinguish between good and evil using reasoning

Question 5

Moral Theory Law

Answer 5

basing law on morals and ethics

Question 6

Historical School

Answer 6

Based on what society considers as acceptable and the traditions that it has carried out

Question 7

Analytical School

Answer 7

Based on logic and statistics, carrying out laws that have significant explanation

Question 8

Sociological School

Answer 8

using the past to avoid mistakes in the future

Question 9

Command School

Answer 9

Based on laws and what is written (largely like law of Codes)

Question 10

Critical Legal Studies School

Answer 10

Based on the idea that law should be suggestive rather than set in stone (judges should only make subjective decisions)

Question 11

Law and Economics School

Answer 11

Based on the belief that law making should be determined by whatever benefits the economy

Question 12

English Common Law

Answer 12

law of principle; every person must act reasonable all the time

Question 13

Law Courts

Answer 13

developed in 1066 by William the Conquerer; a system where judges would determine how to administer the law

Question 14

Chancery Courts

Answer 14

People were sent here to have merits of their cased looked at by the lord Chancellor

Question 15

Merchant Courts

Answer 15

Established as a form of reinforcement to the laws of merchants to solve commercial disputes

Question 16

Constitution

Answer 16

No country or state is required to have one but if they do it is the supreme law of the land; anything that conflicts is unenforceable

Question 17

Legislative

Answer 17

Total members: 535
Congress consists of senate (100) and house of representatives (435)
power to make (enact) the law

Question 18

Executive

Answer 18

power to enforce the law

Question 19

Judicial

Answer 19

power to interpret and determine the validity of the law

Question 20

State Constitution

Answer 20

usually formed after the government constitution but difference is that it has more details

Question 21

Law of Codes

Answer 21

rulebook; straighforward

Question 22

Statutes

Answer 22

written laws that establish certain courses of conduct that covered parties must adhere to

Question 23

Federal Statutes

Answer 23

Regulate foreign and interstate commerce

Question 24

Code books (codified law)

Answer 24

Contain and organize federal statutes by topic

Question 25

How a Bill Becomes a Law

Answer 25

1. intro of bill from US House of Reps or Senate
2. bill is then sent to the committee which can either reject, report, not act, or send to subcommittee
3. bill is sent into the full chamber where they debate on it and bill can receive a majority vote
4. if bill receives enough votes it is sent to second chamber to approve bill then it is placed on presidents desk
5. if president signs a bill, it will become; if a president takes no action for 10 days then bill automatically become law (otherwise president can veto but it could still pass with 2/3 vote from house and senate)

Question 26

House of Representative

Answer 26

simple majority: 1/2 of all votes plus 1

Question 27

Senate

Answer 27

super majority: one more vote than simple majority but up to one vote less than unanimous

Question 28

Ordinances

Answer 28

law enacted by local government bodies (cities, counties, school districts)

Question 29

Executive Orders

Answer 29

An order issued by a member of the executive brand of the government

Question 30

Administrative Agencies

Answer 30

agencies that the legislative and executive branches are empowered to establish; created to regulate area and given money, mandate and a mission

Question 31

Rules

Answer 31

Created by administrative agencies and are administrative rules and regulations

Question 32

Doctrine of Stare Decisis

Answer 32

Latin for stand by the decision; a judge explains the legal reasoning used to decide the case

Question 33

Precedent

Answer 33

A rule of law established in a court decision (lower courts must follow precedent established by higher courts)

Question 34

Law

Answer 34

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