Law 101

Question 0

Action in equality means what?

Answer 0

A civil trial held without a jury when relief sought by the plaintiff is equitable in nature, such as an injunction, or a divorce or dissolution of a marriage.

Question 1

What is law?

Answer 1

A body of rules of conduct prescribed by controlling authority and having binding legal force.

Question 2

Common law is defined as what?

Answer 2

A type of law which comes from the common courts as opposed to a legislature or court of equity.

Question 3

Federalism

Answer 3

A government consisting of a union of more or less self-governing states under an umbrella of federal government.

Question 4

Stare decisis

Answer 4

The common law doctrine that binds an inferior (subordinate) court to follow and apply decisions and interpretations of higher courts when similar cases arise. Also called the doctrine of precedents.

Question 5

Precedent means what?

Answer 5

A court decision on a question of law that gives authority or direction on a similar question of law in a later case with similar facts. See also stare decisis.

Question 6

Reporter

Answer 6

A set of books that contains the written opinions of justices of specified appellate courts. These volumes contain the decisional, or unwritten, law. Volumes in the reporters and the cases they contain are arranged in chronological order and accessible by case name or subject matter index.

Question 7

Unwritten law

Answer 7

A historically based reference to court- or judge-made law.

Question 8

Case law

Answer 8

All reported judicial decisions; the law that comes from judges’ opinions in lawsuits. Also referred to as court law, judge law, and sometimes common law.

Question 9

Civil law

Answer 9

The branch of law dealing with individual rights and duties and their enforcement. Civil law also refers to the total system of law, embracing civil and criminal matters, that was used in the ancient Roman Empire and copied on the continent of Europe in modern times. In ancient times, the law was defined by experts and imposed from above by the emperor. Roman civil law is contrasted to English common law.

Question 10

Criminal law

Answer 10

The branch of law dealing with crimes and their punishment.

Question 11

Dicta

Answer 11

Any part of a court opinion that is unnecessary to the resolution of dispute before the court. Such digression by a judge is not binding on later courts.

Question 12

Initiative

Answer 12

An electoral process for making new statutes or changing the constitution by filing appropriate formal petitions to be voted upon by the legislature (and governor) or by the people. The initiative is not available in all states.

Question 13

Ethics

Answer 13

Standards of fair and honest conduct applied to social behavior.

Question 14

Morals

Answer 14

Values concerning right and wrong.

Question 15

Moral problem

solving

Answer 15

Conflict-resolution process aimed at solving conflicts involving moral dilemmas through
communication, education, and negotiation. The broad term describes interrelational rather than individual processes.

Question 16

Code of ethics

Answer 16

A systematic statement of agreed-upon

moral rules for a profession, business, or group.

Question 17

Moral reasoning

Answer 17

A rational thought process directed at testing whether action is right or wrong. The conclusion is a determination of moral responsibility or culpability.

Question 18

Duty-based ethics

Answer 18

The doctrine that actions are morally correct if they comply with existing obligations owed another or ourselves.

Question 19

Utilitarianism

Answer 19

An ethical doctrine holding that determining right conduct is based on consequences; that the purpose of the behavior should be the
greatest happiness of the greatest number.

Question 20

Situational ethics

Answer 20

Term used disparagingly to describe

an “end-justifies-the-means” maxim supplanting duty or obligation.

Question 21

Deductive logic

Answer 21

A method of logical reasoning from two
or more propositions to a conclusion. Inferences are drawn from a general
premise to a specific premise. The conclusion is valid if the propositions on which the conclusion is based are true.

Question 22

Syllogism

Answer 22

A pattern of deductive logic that contains a major or general premise, a minor or specific
premise, and a conclusion, always in that
order. The conclusion follows from the premises but is not a premise itself.

Question 23

Syllogism

Answer 23

A pattern of deductive logic that contains a major or general premise, a minor or specific
premise, and a conclusion, always in that
order. The conclusion follows from the premises but is not a premise itself.