Chapters 1 & 2

Question 1

Common Law

Answer 1

1) Law common to all of England.
2) A legal system derived from the English legal method.
3) Law formulated by courts rather than Legislatures.

Question 2

Statutory Law

Answer 2

Written laws, usually enacted by a legislative body.

Question 3

Stare Decisis

Answer 3

Once a rule of law is determined to be applicable to a particular set of facts involved in a case, it will be applied to all future cases that have similar facts.
This binds courts of equal or junior rank to follow the senior court that first applied the rule or principle.

Question 4

Plessy v. Ferguson Case

Answer 4

Originally ruled it was constitutional to have separate schools for black and white children.

After this was overruled by a future case [Brown v. Board of Education] and was deemed to no longer make sense.

Question 5

Brown v. Board of Education Case

Answer 5

Separate schools for black and white children were unconstitutional.

Resulted in the change of law, overruling the Plessy v. Ferguson case 8 years priopr.

Question 6

Activist Judges

Answer 6

Judges who purposefully expand on the law in their decisions.
View the law as a vibrant and active source of rules.
Likely to see the Constitution as a flexible document.
They view stare decisis as challengeable when important social needs must be addressed.

Question 7

Constructionist Judges

Answer 7

Judges who narrowly interpret the law by relying heavily on the doctrine of stare decisis.
Judges who subscribe to interpreting the law consistent with the believed meaning given by the drafters.

Question 8

Lawmaking

Answer 8

Citizens can place proposed laws on ballots for direct vote by the people.
Proponents must obtain the signatures of a specified number of registered voters.
Initiatives must pass the test of constitutionality as determined by courts.

Question 9

Legislative Branch Lawmaking

Answer 9

Legislators enact laws called statutes.

Question 10

Executive Branch Lawmaking

Answer 10

Collaborates with the legislative branch in the adoption of statutes.
The executive branch can veto laws, but these vetoes can be overridden by a 2/3 from the legislative branch.

Question 11

Judicial Branch Lawmaking

Answer 11

The trial judge may formulate and apply a new rule of common law in a case in the first of its kind.
An appellate court then reviews the new rule.

Question 12

Federal Law

Answer 12

National in Origin
Consistent with the Constitution
Supreme over State Law

Question 13

State Law

Answer 13

Ordinary affairs of citizens including most contract, tort and criminal laws.

Question 14

Procedural Law

Answer 14

All the rules/mechanisms for processing civil and criminal and administrative matters through the applicable federal/state system.
[Requires an attorney to comply with procedural law in a case.]

Question 15

Substative Law

Answer 15

Defines duties, establishes rights and prohibits wrong.

[Prohibits murder, imposes speed limits, etc.]

Question 16

Civil Law

Answer 16

The body of law pertaining to civlil or private rights enforced by civil actions.
If a defendant is held to be responsible they are liable.

Question 17

Criminal Law

Answer 17

The body of statutory law that declares what conduct is criminal and prescribes penalties.
If the defendant is held to responsible they are guilty.

Question 18

International Law

Answer 18

Law that concerns the relations among sovereign nations.

Question 19

Federalism

Answer 19

A government consisting of a union of more or less self-governing states under an umbrella of federal government
[United States]

Question 20

Relationship of Law & Ethics

Answer 20

The legal rules and the rules of ethics serve different goals.
It is possible to comply with the law and still not act in a moral manner.

Question 21

Unanimous Opinion

Answer 21

Judicial Decision with complete agreement by all judges.

Question 22

Majority Opinion

Answer 22

A written opinion by judge outlining the views of the majority of the judges of the court deciding the case.

Question 23

Concurring Opinion

Answer 23

A written opinion where a judge agrees with the result reached by another judge but for different reasons.

Question 24

Dissenting Opinion

Answer 24

A written opinion by a judge who votes contrary to the majority opinion.

Question 25

Appellant/Respondent

Answer 25

The party who on appeal defends the earlier court determination.

Question 26

Petitioner/Appellant

Answer 26

The party who appeals to a higher court for review of a lower court ruling.

Question 27

Duty-Based Ethics

Answer 27

Actions are morally correct if they comply with existing obligations owed to another or ourselves.

Question 28

Utilitarianism

Answer 28

Determining right conduct is based on consequences; the purpose of actions should be for the greatest amount of happinness for the greatest number of people.