U.S. Legal System

Question 1

law

Answer 1

body of rules of actions or conduct prescribed by controlling authority & having legal binding force

Question 2

criminal law

Answer 2

to protect society; violation results in penalties to violator

Question 3

civil law

Answer 3

compensate parties for losses as a result of another’s conduct

Question 4

substantive law

Answer 4

provide individuals with rights and create duties

Question 5

procedural law

Answer 5

set a structure and rules for pursuing substantive rights

Question 6

public law

Answer 6

governs and regulates relationship between individuals or entities and federal, state, and local government

Question 7

private law

Answer 7

governs and regulates a legal relationship between 2+ parties absent a specific public law

Question 8

jargon or legalese

Answer 8

legal terms

Question 9

law serves as…

Answer 9

a catalyst by promoting good faith dealing among merchants + consumers and giving a degree of reliability

Question 10

law ensures…

Answer 10

consistency and fairness

Question 11

strategy

Answer 11

set of guide posts created to achieve an overall objective

Question 12

categories of legal strategies

Answer 12

(1) noncompliance
(2) avoidance
(3) prevention
(4) value creation (legal competitive advantage)

Question 13

counsel

Answer 13

another name for attorney

Question 14

in-house counsel
“general counsel”

Answer 14

a team of multiple legal experts in larger companies

Question 15

secretary
(corporate officer)

Answer 15

responsible for keeping records and complying with notice and voting requirements for board of directors

Question 16

litigator

Answer 16

trial lawyer

Question 17

True/False: Majority of companies rely on attorneys employed by law firms for legal needs.

Answer 17

True

Question 18

primary sources

Answer 18

constitutional, statutory, common, and administrative (regulatory) law; can work independently or with one another

Question 19

constitutional law

Answer 19

interprets state and federal constitutions; the supreme law of the land

Question 20

How does constitutional law work with other sources of law?

Answer 20

(1) establishes structure for federal and state governments and sets rules for amending constitution
(2) grants specific powers for branches of government
(3) provides procedural protections for citizens from wrongful government actions

Question 21

statutory law

Answer 21

created by legislature and approved by executive branch of state and federal governments

Question 22

bill

Answer 22

a federal statute draft by Congress that hasn’t passed yet or had executive branch’s concurrence

Question 23

ordinances

Answer 23

local laws made by governmental administrative agencies

Question 24

administrative law

Answer 24

law made by government administrative agencies that authorize the exercise of authority by executive branch agencies and independent government agencies

Question 25

What can administrative agencies do?

Answer 25

can impose regulations, make policy, and enforce law in their designated jurisdiction

Question 26

common law

Answer 26

law that hasn't been passed by the legislature, but rather is made by the courts and is based on the fundamentals of previous cases with similar facts

Question 27

precedent

Answer 27

the notion of applying the law of a previous case to current cases with similar facts

Question 28

What early courts do modern courts today combine for judicial action?

Answer 28

Courts of Law (applying exiting laws and rules strictly) Courts of Equity (applying the rule of fairness when the application of technical rules creates injustice)

Question 29

remedy

Answer 29

source of law that has no independent authority or legally binding effect but can be used to illustrate a point or clarify a legal issue

Question 30

secondary sources

Answer 30

sources of law that have no independent authority or legally binding effect but can be used to illustrate a point or clarify a legal issue

Question 31

What are two types of secondary sources?

Answer 31

Restatements of the Law and Model State Statutes both provide commentary and examples to help guide courts in applying the law

Question 32

Restatements of the Law

Answer 32

a collection of uniform legal principles focused in a particular area of law that contains statements of common law legal principles and rules in a given area of law

Question 33

Model State Statutes

Answer 33

statutes drafted by legal experts to be used as a model for state legislatures to adopt in their individual jurisdictions in order to increase the level of uniformity and fairness across states

Question 34

stare decisis

Answer 34

a principle that similar cases with similar facts under similar circumstances should have a similar outcomes requires all lower courts to follow

Question 35

case precedent (pt. 2)

Answer 35

an opinion of an appellate court, which is binding on all trial courts from that point in time onward so that any similar case would be decided according to the precedent

Question 36

holding

Answer 36

the final decision the court has reached