Exam 1

Question 1

Primary Source of Law

Answer 1

Doc. establishes law on a particular issue

Constitution, statute, administrative rule, court decision

Question 2

Secondary Source of Law

Answer 2

Publication summarizes law

Legal encyclopedia, legal treatise, an article in a law review

Question 3

Constitutional Law

Answer 3

Body of law derived from US Const. and the constitutions of various states

Question 4

Statutory Law

Answer 4

Body of law enacted by legislative bodies

Question 5

Uniform Law

Answer 5

Model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute

Question 6

Administrative Law

Answer 6

Body of law created by administrative agencies to carry out duties/responsibilities

Question 7

Administrative Agency

Answer 7

Federal, state, local gov’t agency established to perform function (FCC, etc.)

Question 8

Administrative Procedures Act (APA)

Answer 8

Imposes strict procedural requirements that agencies must follow in legislative rule-making

Question 9

Enabling Legislation

Answer 9

Statute enacted by Congress, authorizes creation of an administrative agency

Question 10

Quasi-gov’t branch powers

Answer 10

Not mentioned in Constitution, given to APA

Question 11

Common Law

Answer 11

Body of law developed from custom/judicial decision in English/U.S. courts, not attributable to legislature

Question 12

Precedent

Answer 12

Court decision furnishes example or authority for deciding subsequent cases involving identical facts

Question 13

Stare Decisis

Answer 13

Common law doctrine where judges are obligated to follow precedents

Question 14

Binding Authority

Answer 14

Any source of law that a court must follow when deciding case

Question 15

Persuasive Authority

Answer 15

Legal authority that court can look to for guidance, need not follow when making decision

Question 16

Plaintiff

Answer 16

Initiator of lawsuit

Question 17

Defendant

Answer 17

Accused person of criminal proceeding, one against whom lawsuit is brought

Question 18

Substantive Law

Answer 18

Defines, describes, regulates, creates legal rights and obligations

Question 19

Procedural Law

Answer 19

Establishes methods of enforcing rights established in substantive law

Question 20

Criminal aw

Answer 20

Branch of law that defines wrongful actions committed against the public

Question 21

Civil Law

Answer 21

Branch of law dealing with definition and enforcement of private and public rights

Question 22

Supremacy clause

Answer 22

SUPREME LAW OF THE LAND

Question 23

Checks and Balances

Answer 23

The principle under which each of the the three branches of gov’t can limit power of the others

Question 24

Commerce Clause

Answer 24

Provision in Article I, Section 8, gives congress power to regulate interstate commerce

Question 25

Federal Form of Gov’t

Answer 25

System of gov’t in which state form union and sovereign power is divided between central gob’t and member states

Question 26

Police Powers

Answer 26

Powers possessed by states as part of inherent sovereignty, may be exercised to protect or promote public order, health, safety, etc., 10th Amendment

Question 27

Preemption

Answer 27

Doctrine under which federal laws take precedence over conflicting state/local laws

Question 28

Bill of Rights

Answer 28

First ten amendments

Question 29

Symbolic Speech

Answer 29

Nonverbal expression of belief, gestures, clothing, protection by courts

Question 30

Compelling Government Interest

Answer 30

Test of constitutionality requires gov’t to have convincing reasons for passing any law that restricts fundamental rights, such as free speech

Question 31

Establishment Clause

Answer 31

Provision in first amendment that prohibits gov’t from establishing state-sponsored religion

Question 32

Johnson Amendment

Answer 32

Organizations and churches are not allowed to endorse/pay political campaigns in support

Question 33

Due Process Clause

Answer 33

Nobody should be deprived of life, liberty, property without due process of law

Question 34

Equal Protection Clause

Answer 34

Treat similar cases in similar manner

Question 35

Procedural Due Process

Answer 35

Any gov’t decision to take life, liberty, property must be made fairly

Question 36

Substantive Due Process

Answer 36

Focuses on content of legislation rather than fairness of procedures

Question 37

Judicial Review

Answer 37

Process in which court decides on constitutionality of legislative enactments and actions by executive branch

Question 38

Jurisdiction

Answer 38

Authority of court to hear/decide a case

Question 39

Long Arm Statute

Answer 39

State statute permits a state to exercise jurisdiction over nonresident defendants.

Question 40

Venue

Answer 40

District where legal action is tried and which jury is selected

Question 41

Writ of Certiorari

Answer 41

Writ from a higher court asking lower court for record of case

Question 42

Rule of Four

Answer 42

US Supreme Court where Court will not issue writ of certiorari unless four justices approve of decision to issue writ

Question 43

Marbury V. Madison

Answer 43

Where judicial review was established, exercised by federal and state courts, influenced other countries