Ex (Quizlet 1) (Pt1)

Question 1

What the three branches of the US government?

Answer 1

Legislative
Executive
Judicial

Question 2

What makes up the Legislative branch?

Answer 2

Congress (House & Senate)

Question 3

What makes up Congress?

Answer 3

The Senate and House of Representitives

Question 4

Who is the head of the Executive branch?

Answer 4

The President of the United States

Question 5

What makes up the Judicial branch?

Answer 5

The Supreme Court and all lower federal courts

Question 6

What is the supreme law of the land?

Answer 6

The Constitution

Question 7

What is the Constitution?

Answer 7

A grant of power from the states to the federal government

Question 8

Powers not granted to the federal government are reserved by who?

Answer 8

The state governments

Question 9

What are the two parts of the Constitution?

Answer 9

Main body

Amendments

Question 10

What makes up the military system of courts?

Answer 10

1. Branch specific courts-martial
2. Branch specific Court of Military Criminal Appeals
3. US Court of Appeals for the Armed Services
4. US Supreme Court

Question 11

What is the makeup of a typical state court system?

Answer 11

1. Limited jurisdiction inferior courts (small claims, traffic)
2. General jurisdiction trial courts
3. First level appellate court(s)
4. State Supreme Court

Question 12

What is a law?

Answer 12

A system of rules that defines socially acceptable behavior and sets punishments for violations

Question 13

A prosecutor applies to public or private law?

Answer 13

Public

Question 14

A plaintiff applies to public or private law?

Answer 14

Private

Question 15

When an individual goes after you, is it private or public law?

Answer 15

Private

Question 16

When the government goes after you, is it private or public?

Answer 16

Public

Question 17

In which type of law must “beyond a reasonable doubt” be proven?

Answer 17

Criminal

Question 18

Which type of law limits freedoms, sentences, and punishes?

Answer 18

Criminal

Question 19

Which type of law applies to damages?

Answer 19

Civil

Question 20

What are some characteristics of criminal law?

Answer 20

Society harmed
No self help
Restriction on liberty
Beyond reasonable doubt
Trial by jury guaranteed

Question 21

What are some characteristics of civil law?

Answer 21

Individual harmed
Self help permitted
Damages
By a preponderance of the evidence
Limited right to trial by a jury

Question 22

In which type of law is preponderance of the evidence the threshold (low) for proving?

Answer 22

Civil

Question 23

Which type of law does contracts and torts fall under?

Answer 23

Civil

Question 24

What is a contract?

Answer 24

A legally binding agreement

Question 25

What is a tort?

Answer 25

A noncontractual civil wrong committed against a person or a person’s property for which a court may award a remedy in damages

Question 26

What type of law is passed by congress and signed by the President?

Answer 26

Statutory

Question 27

What are some examples of Statutory law?

Answer 27

Tucker Act
Federal Tort Claims Act
Uniform Code of Military Justice
Statute of Limitations

Question 28

What are laws based off of a collection of cases and made by a judge?

Answer 28

Common

Question 29

What are some examples of common law?

Answer 29

Schloendorff v. Society of NY Hospital

Feres v. United States

Question 30

What are some examples of administrative law?

Answer 30

OSHA regulations, Army & AF regulations, The Common Rule

Question 31

What are the elements of a contract?

Answer 31

Competent parties
Legal subject matter
Offer
Acceptance
Consideration
Mutual agreement