MIE 305 Exam 1

Question 1

Law

Answer 1

Orders human activities and relations through systematic application of political organized society

Question 2

Civil Law

Answer 2

resolve “Private disputes for private matters” (divorce, sue)

Question 2

What proves that laws do not have to be written down to be in effect

Answer 2

Cheyenne Law

Question 3

Criminal Law

Answer 3

Imposition of penalties by the government for those who commit crimes

Question 4

Public law (3 )

Answer 4

Dealing with the relationship between government and individuals
1. Constitutional law (powers of the branches, rights of freedom, federal and state constitution)
2. administrative law (agencies act within their authority and follow procedures)
3. criminal law (offenses against the state, maintain public law)

Question 5

Private Law (3)

Answer 5

relationship between individuals and organized society
1. Law of Torts
2. Law of Property
3. Law of contracts

Question 6

Law of Torts

Answer 6

Civil wrongs that causes harm or injury to another (fraud, car accident, assault)

Question 7

Law of Property

Answer 7

ownership and use of real and personal property (landlord- tenate disuptes)

Question 8

Law of contracts

Answer 8

Legally enforceable obligations (leases, sales contracts)

Question 9

Common Law (case law)

Answer 9

Created by Henry the II, relied on judicial and precedents

Question 10

Civil/code law

Answer 10

Relies on laws and statues enacted by legislature, roman

Question 11

Substantive law

Answer 11

Substantive law establishes the rights and obligations that govern people and organizations

Question 12

Procedural law

Answer 12

Outlines methods of how substantive law is administered and ensures its conducted fairly and efficiently

Question 13

Cheyenne law

Answer 13

Laws handed down orally and the laws lasted thousands of years

Question 14

Islamic law system (sharia law)

Answer 14

merges religious ethical expectations with public conduct

Question 15

Stare Decisis

Answer 15

Stand by things decided, to let past decisions stand (precedent)

Question 16

Ratio decidendi

Answer 16

the reason for deciding (support

Question 17

Statue

Answer 17

Law passed by congrees or legislative body

Question 18

Ordience

Answer 18

law passed by local government

Question 19

Code

Answer 19

Statues grouped into an organized form

Question 20

Legal remedies

Answer 20

releif sought from a court involving monetary damages

Question 21

Equitable remedies

Answer 21

relief that does not involve a request for monetary damages

Question 22

4 hierarchy of law

Answer 22

1. constitution
2. legislation (statues/treaties)
3. administrative law (regulations)
4. Common law (case law)

Question 23

Constitution law

Answer 23

Highest one, espablishes the structure of the federal government

Question 24

Legislation (statues/treaties)

Answer 24

laws exacted by government bodies (elected) at state and federal levels

Question 25

Administrative law (regulations)

Answer 25

regulated the operations and procedure of government agencies, created by judicial branch

Question 26

Common law (Case laws)

Answer 26

created/ applied by judges to carry out particular laws

Question 27

Preemption

Answer 27

Gives national government power over the states in many matter where federal and state conflict

Question 28

Court of law

Answer 28

Awarded monetary damages for legal wrongs

Question 29

Court of equity

Answer 29

Provides fairness and justice when money will not fix

Question 30

Probate

Answer 30

law of what happnes to someones property when they die

Question 31

Injunction

Answer 31

Restraining order