The Legal System

Question 1

Constitution

Answer 1

Basic operating principles of Government

Question 2

Statues

Answer 2

Written laws by legislature (elected officials)

Question 3

Regulations

Answer 3

Operationally statues

Question 4

Case Law

Answer 4

Interpret law that applies to a specific case

Question 5

Senate

Answer 5

100 members, 2 from each state

Question 6

House of Representatives

Answer 6

435 members, based on state population

Question 7

Supreme Court

Answer 7

9 Justices, selected by president, approved by Senate

Question 8

Legislative Branch

Answer 8

Creates statues. Create and amend laws. Congress (Senate & House). State Legislatures

Question 9

Judicial Branch

Answer 9

Interpret Constitution and other law. Create Case / Common Law. Federal & State Courts

Question 10

Executive Branch

Answer 10

Create Executive Orders, Agency Regulations. Enforce existing laws. President and Governmental agencies

Question 11

Competitive Advantage

Answer 11

Safer Option, Risk Management

Question 12

Judiciary

Answer 12

Neutral Finder of Fact (Judge or Jury)

Question 13

Three Functions of United States Court System

Answer 13

Administer State and National Laws, Resolve disputed among parties, Interpret the legislative intent of a law in deciding a case

Question 14

Common Law

Answer 14

Interpret and make the law in that: decisions in the cases before them become precedent for decisions in future cases

Question 15

Stare Decises

Answer 15

Using precedents

Question 16

Federal Courts

Answer 16

Violates Constitution or Federal Laws

Question 17

State Courts

Answer 17

Cases citizens are most likely to be involved in (owing money, family disputes, traffic violations)

Question 18

US Supreme Court

Answer 18

Highest Court

Question 19

Appellate

Answer 19

US circuit court of appeals

Question 20

Trial

Answer 20

US District Courst

Question 21

Jurisdiction

Answer 21

Main difference between federal vs state courts. The kinds of cases a court is authorized to hear.

Question 22

Precedent

Answer 22

Binding authority vs persuasive authority

Question 23

Stare Decisis

Answer 23

Using precedents

Question 24

Primary Sources

Answer 24

Constitution, statues, cases BINDING of from a case decision from a higher court

Question 25

Secondary Sources

Answer 25

Law review articles

Question 26

Criminal Law

Answer 26

Govt (prosecutor) v Person (defendant), beyond reasonable doubt; set by statute, penalties may include loss of liberty

Question 27

Civil Law

Answer 27

Individual (plaintiff) v individual (defendant). Private injury or wrong doing, plaintiff sues defendant, penalties are typically monetary

Question 28

Arbitration

Answer 28

Final and binding decision by neutral decision maker

Question 29

Mediation

Answer 29

Impartial mediator who helps negotiation of settlement