Cross_Miller_LE_12e_Student PPT_CH01_Final

Question 1

What is law?

Answer 1

Enforceable rules governing relationships among individuals and between individuals and their society.

Question 2

What is liability?

Answer 2

The state of being legally responsible for something, such as a debt or obligation.

Question 3

What areas of law affect business decision making?

Answer 3

Various areas of law may influence business decision making.

Question 4

How should business decision makers consider ethics?

Answer 4

They need to consider not just whether a decision is legal, but also whether it is ethical.

Question 5

What are primary sources of American law?

Answer 5

The U.S. Constitution, statutory law, regulations created by administrative agencies, case law.

Question 6

What is constitutional law?

Answer 6

Law that is based on the U.S. Constitution and the constitutions of the various states.

Question 7

What is statutory law?

Answer 7

The body of law enacted by legislative bodies, including federal and state statutes.

Question 8

What are ordinances?

Answer 8

Regulations passed by a local governing unit, such as a city or county.

Question 9

What is a uniform law?

Answer 9

A model law created for states to consider adopting.

Question 10

What is administrative law?

Answer 10

The body of law created by administrative agencies to carry out their duties.

Question 11

What is case law?

Answer 11

The rules of law announced in court decisions that interpret statutes and regulations.

Question 12

What is common law?

Answer 12

The body of law developed from custom or judicial decisions, not attributable to a legislature.

Question 13

What defines a court of law?

Answer 13

A court in which the only remedies that can be granted are things of value, such as money damages.

Question 14

What is a remedy?

Answer 14

The relief given to an innocent party to enforce a right or compensate for the violation of a right.

Question 15

What is a court of equity?

Answer 15

A court that decides controversies and administers justice according to the principles of equity.

Question 16

What are equitable maxims?

Answer 16

General propositions or principles of law that have to do with fairness.

Question 17

What is the doctrine of laches?

Answer 17

An equitable doctrine that bars a party’s right to legal action if they have neglected their rights for an unreasonable time.

Question 18

What is a statute of limitations?

Answer 18

A statute setting the maximum time period during which a certain action can be brought.

Question 19

What is stare decisis?

Answer 19

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

Question 20

What is a precedent?

Answer 20

A court decision that furnishes an example or authority for deciding subsequent cases.

Question 21

What is the difference between controlling precedents and persuasive authority?

Answer 21

Controlling precedents must be followed, while persuasive authority may be considered for guidance but is not binding.

Question 22

What is legal reasoning?

Answer 22

The process of reasoning by which a judge harmonizes their opinion with judicial decisions in previous cases.

Question 23

What are the basic steps in the legal reasoning process?

Answer 23

I R A C: Issue, Rule, Application, Conclusion.

Question 24

True or False: The outcome of a legal controversy can be predicted with certainty.

Answer 24

False.

Question 25

Fill in the blank: The __________ is the supreme law of the land.

Answer 25

U.S. Constitution.

Question 26

What is the belief regarding the existence of a single 'right' answer in legal questions?

Answer 26

There is no one 'right' answer to every legal question ## Footnote The outcome of a lawsuit cannot be predicted with certainty.

Question 27

What governs areas not covered by statutory or administrative law?

Answer 27

Common law doctrines and principles

Question 28

What is the primary function of a judge in the legal system?

Answer 28

To interpret and apply laws

Question 29

What can lead to different courts arriving at different conclusions in similar cases?

Answer 29

Judges have flexibility in interpreting and applying the law

Question 30

What are the Restatements of the Law?

Answer 30

Compilations of the common law published by the American Law Institute

Question 31

What should a judge do if faced with a case similar to one previously ruled on?

Answer 31

Rule in a similar fashion as the previous case

Question 32

What is jurisprudence?

Answer 32

The science or philosophy of law

Question 33

Name the four schools of jurisprudential thought.

Answer 33

* Natural law school * Positivist school * Historical school * Legal realism

Question 34

What is natural law?

Answer 34

The belief that the legal system should reflect universal moral and ethical principles

Question 35

What does positive law refer to?

Answer 35

The written law of a given society at a particular time

Question 36

What is legal positivism?

Answer 36

The assumption that there is no law higher than laws created by a national government

Question 37

What does the historical school focus on?

Answer 37

The past to determine principles of contemporary law

Question 38

What is legal realism?

Answer 38

The belief that law is only one factor in deciding cases, considering social and economic circumstances

Question 39

What is the difference between private law and public law?

Answer 39

Private law deals with relationships between private entities, while public law addresses relationships between persons and their governments

Question 40

What does civil law address?

Answer 40

The definition and enforcement of all private or public rights

Question 41

What is criminal law?

Answer 41

The branch of law that defines and punishes wrongful actions against the public

Question 42

What is cyberlaw?

Answer 42

An informal term for laws governing electronic communications and transactions

Question 43

How are federal laws compiled?

Answer 43

In the United States Code (U.S.C.)

Question 44

What is the role of trial courts in the U.S. judicial system?

Answer 44

To present evidence and give testimony

Question 45

What is the purpose of appellate courts?

Answer 45

To review decisions made by trial courts

Question 46

How are state court decisions typically filed?

Answer 46

In the office of the clerk of the court

Question 47

What is an appellant?

Answer 47

The party who takes an appeal from one court to another

Question 48

What is an appellee?

Answer 48

The party against whom an appeal is taken

Question 49

What is the significance of case titles in legal documents?

Answer 49

They indicate the names of the parties to the lawsuit

Question 50

What does the abbreviation 'J.' stand for?

Answer 50

Justice

Question 51

What is an opinion in legal terms?

Answer 51

A statement by a court expressing the reasons for its decision in a case

Question 52

What is the informal name for the collection of rules and regulations from federal administrative agencies?

Answer 52

Federal Register

Question 53

Fill in the blank: 'Ohio Revised Code 2911.01' is a _______.

Answer 53

State Statute