Legal Studies 1-3

Question 1

Ignorance of law?

Answer 1

Nope. Each educated individual has no excuse for having a basic understanding of our legal system

Question 2

Difficulties in constructing new laws? Regarding language used

Answer 2

Vague language in laws to tie into possible cases of violation so people can’t slip past the law

Question 3

Legal Analysis?

Answer 3

Process of applying law to specific facts. Violations to law transition

Question 4

Cause of action?

Answer 4

Claim that is beneficial to support a lawsuit, based on the law and facts

Question 5

Dissent?

Answer 5

Disagrees with majority decision

Question 6

Remand?

Answer 6

Higher court sends it back to original court for new trial

Question 7

Concurrent?

Answer 7

Agrees with result, disagrees with reasoning.

Question 8

Affirm?

Answer 8

Higher court agrees with lower court

Question 9

Reversing opinions?

Answer 9

Higher court disagrees with lower court

Question 10

Common Law?

Answer 10

Laws developed by judges through past decisions of the court system

Question 11

Statutory?

Answer 11

Written laws developed by the legislative process

Question 12

Substantive facts

Answer 12

Things that happened to the two parties before event occurred

Question 13

Procedural Facts

Answer 13

Judicial history..actions taken before case comes to trial

Question 14

Definition of Law

Answer 14

Rules of conducted promoted and enforced by the Government

Question 15

3 Branches of government

Answer 15

Executive
Legislative
Judicial

Question 16

Statutes

Answer 16

Law enacted by state legislature

Question 17

Ordinances

Answer 17

Law enacted by local government

Question 18

Regulations

Answer 18

Enacted by admin agency

Question 19

Constitutional Law

Answer 19

Laws stated in constitution

Question 20

Civil Law

Answer 20

Deals with harm against an individual (Broken Contract)

Question 21

Criminal Law

Answer 21

Harm against society as a whole

Question 22

Substantive Laws

Answer 22

Defines our legal rights and duties (Freedom of Speech)

Question 23

Procedural Law

Answer 23

Rules that govern how the legal system operates

Question 24

Federalism

Answer 24

Division of power between national government and the states

Question 25

Bill of Rights purpose?

Answer 25

Protection and basic rights

Question 26

Judicial Review?

Answer 26

The ability to overrule a state passed statute in order to make sure they don’t compromise US constitution

Question 27

2 Primary functions of US constitution

Answer 27

1. Protection

2. Organize our government and society

Question 28

10th amendment

Answer 28

Deals with state vs US relationship and laws

Question 29

Criminal Law examples?

Answer 29

Battery, Larcery, Arson

Question 30

Civil Law examples

Answer 30

Contracts, torts

Question 31

Standards of proof

Answer 31

1. Beyond reasonable doubt
2. clear and convincing
3. prepordnance

Question 32

3 Reasons why we have laws

Answer 32

1) Laws provide guidelines for interaction.
2) Give part of income to government for tax codes.
3. No violence