Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Intro to law > Quiz 1 > Flashcards

Quiz 1 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Define Law

A

the rules of conduct or action prescribed is formally recognized as binding or enforced by a controlling authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Legislative branch does what…

A

prescribes the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Judicial branch does what…

A

binds the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Executive branch does what…

A

enforces the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The government does what…

A

controlling authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Common law

A

judge made law, when legislature has not enacted a law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Precedent

A

the correct decision in court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Stare decisis

A

let the decision stand

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Statutes

A

an act of legislature that declares, prescribes, or commands something a specific law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Sources of law

A
  1. U.S constitution
  2. Statutes enacted by congress
  3. Treaties, made by the president
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what determines the order of importance for sources of law?

A

Article VI

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Agencies put forth…

A

Rules, Regulations, Administrative adjudications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Executive order

A

minor stuff does not have to go back to congress, the president can just do it.

  • come and go depending on president
  • another source of law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

National Government

A

Federal court decisions

-another source of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Local government

A

the creation of the state

  • not in the constitution
  • made up from the state itself
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Charter

A

(like a constitution) description of an organizations functions, by a county’s legislative or sovereign power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Types of Law

1. Common Law

A

(made by judges) fills gaps where there are no statutes. Judge made law, the legislature had not acted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Types of Law

2. Statutory Law

A

enacted by legislatures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Types of Law

3. Criminal

A

deals with conduct which is offensive to the people or society as a whole. The government represents the people

20
Q

Types of Law

4. Civil Law

A

disputes concerning the rights and duties that exist between private persons or between citizens and government. One party believes the other violated. sues. (usually for money)

21
Q

Types of Law

5. Equity

A

When someone goes to court seeking judicial relief, court order, the person wants someone to do something or to prevent someone from doing something. Time is a factor.
-NEVER seeking money

22
Q

Types of Law

6. Private Law

A

relationships between persons

23
Q

Types of Law

7. Public Law

A

government gets involved for the good of the people as a whole, or society

  • not everyone may benefit directly
  • all criminal law falls under public law
24
Q

Types of Law

8. Administrative Law

A

rules, regulations, and administrative adjunctions put forth by various departments

25
Q

Types of Law

9. Constitutional Law

A

Interpreting provisions in a constitution

26
Q

Types of Law

10. International Law

A
  1. body of rules which controls conduct of nations in relation with each other (how they interact)
  2. Laws which determine for which nations courts a legal matter can be brought and which nations shall govern
    - recongize whats a legitimate government
27
Q

Types of Law

11. Military Law

A

applies to people serving in a nations armed forces in addition to civil and criminal law.
-uniform code of military justice

28
Q

Types of Law

12. Martial Law

A

(temporary) when civil government can not handle a situation
- military controls the civilians
- president can declare when:
1. attack on U.S.
2. if there is a threat
3. if there is a domestic rebellion

29
Q

Three examples of martial law

A
  1. civil war (rebellion)
  2. Hawaii during WWII, Pearl Harbor (under attack)
  3. War or 1812 (under attack)
30
Q

Where to find the U.S. Constitution

A

U.S. Code

31
Q

Where to find Statutes enacted by Congress

A

U.S. Code

32
Q

Where to find Rules, Regulations, & Admin Adjunctions

A

Federal Register (end of the year put in Code of Federal Regulations)

33
Q

Where to find Executive Orders

A

Federal Register (end of the year put in Code of Federal Regulations)

34
Q

Where to find U.S. Supreme Court

A

U.S. Reports

35
Q

Oder of citation

A

Case name, Volume, Publication, Page #, Year of decision

36
Q

Publications Abbreviations: U.S. Reports

A

U.S.

37
Q

Publications Abbreviations: Supreme Court Reporter

A

S.C.t

38
Q

Publications Abbreviations: Lawyers Edition

A

L.Ed

39
Q

Publications Abbreviations: 2d

A

second series (written directly after publication)

40
Q

Publications Abbreviations: 3d

A

third series (ex: L.Ed3d)

41
Q

Where to find Court of Appeals

A

Federal Reporter

42
Q

Publications Abbreviations: Federal Reporter

A

F.

43
Q

Publications Abbreviations: Federal Supplement

A

F.Supp.

44
Q

Where to find U.S. District Courts

A

Federal Supplement

45
Q

3 universal ways to change the law

A
  1. Amend a constitution
  2. court ruling
  3. Legislature enact a statute
46
Q

cdnjlk

A

jdcnjk

Intro to law (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions