Introduction To Law 2

Question 1

Laws

Answer 1

Rules of conduct promulgated and enforced by the government

Question 2

Jurisprudence

Answer 2

The study of law and legal philosophy

Question 3

Natural law

Answer 3

Legal philosophy whose proponents expose that there are ideal laws that can be discovered through careful thought and humanity’s innate sense of right and wrong

Question 4

Legal positivism

Answer 4

Legal theory whose proponents believe that the validity of a law is determined by the process through which it was made rather than by the degree to which it reflects natural law principles

Question 5

Legal formalism

Answer 5

A legal theory that views the law as a complete and autonomous system of logically consistent principles within which judges find the correct result by simply making logical deductions

Question 6

Legal realism

Answer 6

A legal philosophy whose proponents think that the judges decide cases based on factors other than logic and preexisting rules, such as economic and sociological factors

Question 7

Originalism

Answer 7

An approach to constitutional interpretation that narrowly interests the text of the Constitution in a manner that is consistent with what mist people understood those words to mean at the time that they were written

Question 8

Evolutionary approach

Answer 8

An approach to constructional interpretation in which judges seek to determine the underlying purpose that the drafters had in mind at the time they wrote the law and the modern-day option that best advances that purpose

Question 9

Constitutional law

Answer 9

A body of principles and rules either explicitly stated in, or inferred from, the US Constitution and those of the individual states

Question 10

Confederation

Answer 10

A form of government in which independent units form an alliance but retain most of their power, delegating only a limited amount of power to a central authority

Question 11

Sovereign powers

Answer 11

The power of a government to do the things that are traditionally considered necessary to govern, such as making and executing laws, collecting taxes, signing treaties, and making war

Question 12

Separation of powers

Answer 12

The division of governmental power among the legislative, executive, and judicial branches

Question 13

Checks and balances

Answer 13

Division among governmental branches so that each branch acts as a check on the power of the other two

Question 14

Power of judicial review

Answer 14

A court’s power to review statutes to decide if they conform to the US or state constitutions

Question 15

Federalism

Answer 15

A system of government in which authority to govern is split between a single, nationwide central government and several regional governments that control specific geographical areas

Question 16

Bill of rights

Answer 16

The first 10 amendments to the U.S. Constitution

Question 17

Doctrine of incorporation

Answer 17

The application of the 14th amendment’s due process protections to incorporate the provisions of the Bill of rights and made them applicable to the states

Question 18

State action requirement

Answer 18

A defendant cannot be charged with violating a constitutional right unless acted as an agent of a governmental entity

Question 19

Ordinance

Answer 19

A law enacted by a local government; a subcategory of statutory law

Question 20

Statute

Answer 20

A law enacted by a state legislature or by Congress

Question 21

Administrative law

Answer 21

Rules and regulations created by administrative agencies

Question 22

Regulation

Answer 22

A law promulgated by an administrative agency

Question 23

Enabling act

Answer 23

A Statute establishing and setting out the powers of an administrative agency

Question 24

Fourth branch of government

Answer 24

Administrative agencies

Question 25

Executive order

Answer 25

An official policy directive issued by the president, or by the governor of the state, that directs government employees as to how they should implement the law. At the federal level, executive orders are published in the Federal register

Question 26

Executive memorandum

Answer 26

An official policy directive issued by the president, or by the governor of the state, that direct government employees as to how they should implement the law

Question 27

Codification of the common law

Answer 27

The process of legislative enactment of areas of the law previously governed solely by the common law

Question 28

Derogation of the common law

Answer 28

Used to describe legislation that changes the common law

Question 29

Equity

Answer 29

Fairness; a court’s power to do justice. Equity powers allow judges to take action when the law would otherwise limit their decisions to monetary awards. Equity powers include a judge’s ability to issue injunction and to order specific performance

Question 30

Injunction

Answer 30

A court order requiring a party to perform a specific act or to cease doing a specific act

Question 31

Specific performance

Answer 31

A requirement that a party fulfill his on her contractual obligations