Objectives Of Law, Roots Of Our Legal System, The Common Law, Equity, Sources Of Law, Civil Versus Criminal Law, Ethics

Question 1

Objectives of law

Answer 1

A law
B ethics
C damages
D business law

Question 2

Purposes of law

Answer 2

Establishing standards, maintaining order, resolving disputes, protecting liberties.

Question 3

Law

Answer 3

Rules of civil conduct commanding what is right

Question 4

Ethics

Answer 4

Moral principles that a person acts upon

Question 5

Damages

Answer 5

Money awarded for wrongdoing

Question 6

Business law

Answer 6

Rules of conduct prescribed by government

Question 7

What are the roots of the American legal system?

Answer 7

British system based on common law and equity.

Question 8

Define the common law.

Answer 8

The body of law that is based on the English legal system derived from judicial decisions rather then statutes.

common law is a custom that came to be recognized by the courts as binding on the community and therefore law.

Question 9

Define equity

Answer 9

Justice system based on fairness provides relief other than merely money damages

Example

restraining order
also injunction

Question 10

What is an injunction

Answer 10

The courts permanent order forbidding an action versus restraining order which is temporary.

Question 11

Sources of law

Answer 11

Origins of laws The Binding rules

Question 12

Constitutions

Answer 12

Constitutional law a document that contains fundamental principles of a government

Question 13

Bill of Rights

Answer 13

Declaration of the rights of man and of the citizen

Question 14

Statute

Answer 14

Law enacted by legislative bodies

Question 15

Ordinance

Answer 15

Law enacted by cities

Question 16

Code

Answer 16

Collection of laws, rules or regulations

Question 17

Statutory law

Answer 17

Written laws set down by a body of legislation

Question 18

Judicial decisions

Answer 18

1. President-
   the making of law by a court by recognizing other decided cases
2. Stare Decisis-
   The doctrine of the courts following legal precedent.

Question 19

Case law

Answer 19

Very important for funeral services because of different state laws

Question 20

Administrative agency orders

Answer 20

1. Administrative agency-
   Regulates industry and issues rules and regulations
2. Rules and regulations-
   Enhancements by an administrative agency

Question 21

Administrative agency

Answer 21

Governmental Board or commission with authority to regulate matters or Implement law

administrative agencies are given wide latitude in setting up rules of procedure orders and decrees

If an agency rule or decision conflicts with the statute the statute takes precedence

Question 22

Civil versus criminal law

Answer 22

Civil law is a law dealing with enforcement or protection of private rights

Criminal law is that branch of the law dealing with crimes and the punishment of wrongdoers

Question 23

Crime

Answer 23

A crime is an offense that tends to injure society as a whole

Question 24

Felony

Answer 24

A more serious crime usually punishable by death or by imprisonment in a Penitentiary or state prison for more than one year

Question 25

Misdemeanor

Answer 25

Misdemeanors are offenses of a less serious charge and are punishable by a fine or imprisonment in a county or local jail

Question 26

Wobbler

Answer 26

An offense that can be either a felony or a misdemeanor depending on prior conviction generally a wobbler is a felony if over a year time is sentenced

Question 27

Violations or in fractions

Answer 27

Offense less serious than a misdemeanor may not even be considered criminal offenses

Question 28

Ethics

Answer 28

Principles that determine the morality of conduct its motives and its duties we base our laws on our morals those principles that help a person determine the morality of conduct its motives and its duties.

Question 29

Basis for ethical judgement

Answer 29

Ethical judgements on personal values our values from religious beliefs experience culture background and scientific knowledge

Question 30

Ethical principles

Answer 30

1. Seriousness of consequences Unethical Behavior can harm others when the matter is of serious consequence to people laws are usually enacted to regulate that behavior 2. Consensus of the majority laws cannot express every individuals at the co-principals because individuals do not agree on what is moral. in a Democratic Society the laws are designed to reflect the ethical view of the majority 3. Change in ethical standards Ethics of a society changes therefore so do the standards

Question 31

Code of professional responsibility

Answer 31

The number of professions have codes of ethics violated provided the basis for penalties