Intro to Law

Question 1

Laws

Answer 1

rules of conduct enforced by government, which imposes penalties when prescribed laws are violated.

Question 2

Private Law

Answer 2

deals with relationships among individual. Concerned with the recognition and enforcement of the rights and duties of private individuals.

Question 3

Public Law

Answer 3

deals with relationships between individuals and government. What society deems to be valid public goals.

Question 4

Criminal Law

Answer 4

prohibits conduct deemed injurious to public order and provides for punishment of those proven to have engaged in such conduct.

Question 5

Tort Action

Answer 5

where one part asserts that the wrongful conduct of another has caused harm, and the injured party seeks compensation for the harm suffered.

Question 6

Contract Action

Answer 6

usually involves a claim by one party that another party has breached an agreement by failing to fulfill an obligation.

Question 7

Common Law

Answer 7

derived from judicial decisions; body of principles that evolved and expanded from judicial decisions that arise during the trial of court cases

Question 8

Statutory Law

Answer 8

emanates from federal and state legislature;

Question 9

Administrative Law

Answer 9

implemented and administered by administrative agencies; it is the extensive body of public law issued by either state or federal agencies to direct the enacted laws of the federal and state governments.

Question 10

Precedent

Answer 10

a judicial decision that may be used as a standard in subsequent similar cases. A decision serves as a rule for future guidance.

Question 11

Res Judicata

Answer 11

the thing is decided – that which has been previously acted on or decided by the courts.

Question 12

Stare Decisis

Answer 12

let the decision stand - when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving an identical or substantially similar situation is to be resolved in the same manner as the first lawsuit.

Question 13

Legislative Branch

Answer 13

powers are vested in the Congress of the US (Senate and the House of Representatives); function is to enact laws that may amend or repeal existing legislation and to create new legislation (enact, amend, and/or repeal existing laws)

Question 14

Executive Branch

Answer 14

powers are vested in the chief executive (Federal – President, State – Governor); function is to administer and enforce the law

Question 15

Judicial Branch

Answer 15

powers are vested in the courts; function is to resolve disputes in accordance with the law (adjudication)

Question 16

Separation of Powers

Answer 16

a system of checks and balances where no one branch of government is clearly dominant over the other two; however, in the exercise of its functions, each may affect and limit the activities, functions, and powers of the other.

Question 17

Constitutional Law

Answer 17

What is in the constitution. A principle concept derived from the constitution.

Question 18

Preemption

Answer 18

US Constitution
Federal Statutes
State Constitution
State Statutes
City Ordinances

Question 19

Liability or guilt is established with these states of mind

Answer 19

Intentional or Willful
Knowledge or Should Have Known
Reckless
Negligence
Strict Liability
**Ignorance of the law is not a defense

Question 20

Judicial Hierarchy

Answer 20

U.S. Supreme Court
U.S. Circuit Courts
U.S. District Courts
State Supreme Courts
State Appellate Court
Trial Court

Question 21

Standing

Answer 21

to bring a lawsuit to someone you have to have a stake in the preceding.

Question 22

Beyond a Reasonable Doubt

Answer 22

99%+ Sure

Question 23

International Law

Answer 23

Treaties Between U.S. and other Nations