test 1 Flashcards
Q: What are constitutions and treaties?
A: Constitutions and treaties are fundamental principles or established precedents which constitute the legal basis of a state.
Q: What is a statute?
A: A statute is a written law passed by a legislative body.
Q: How do regulations relate to statutes?
A: Regulations are rules made by government agencies based on statutes.
Q: Define private law.
A: Private law governs agreements between individuals, such as contracts.
Q: What is common law?
A: Common law is law derived from judicial decisions rather than from statutes.
Q: What does stare decisis mean?
A: Stare decisis is the doctrine that courts will adhere to precedent in deciding cases.
Q: What differentiates law courts from equity courts?
A: Law courts focus on strict application of statutory laws, whereas equity courts emphasize fairness and may provide more flexible remedies.
Q: What is federalism?
A: Federalism is derived from the 10th Amendment and indicates the separation of powers between federal and state governments.
Q: What are the enumerated powers?
A: Enumerated powers are specific powers granted to the federal government.
Q: Define the Commerce Clause.
A: The Commerce Clause gives Congress the power to regulate commerce among the states.
Q: What was the significance of Gibbons v. Ogden?
A: The Supreme Court ruled that navigation for interstate commerce falls under federal authority, establishing federal dominance in regulating interstate commerce.
Q: What principle does the Equal Protection Clause uphold?
A: It requires the government to treat similarly situated individuals in a similar manner unless there is a valid justification for not doing so.
Q: What is judicial review?
A: Judicial review is the power of the courts to review and possibly invalidate the actions of the other branches of government.
Q: Define subject matter jurisdiction.
A: Subject matter jurisdiction determines if the court is appropriate to hear a specific type of case.
Q: What is arbitration in the context of ADR?
A: Arbitration involves appointing a private judge to make a binding decision.
