1) Law and Government

Question 1

Definition of law

Answer 1

• A system of principles and process by which people and entities deal with problems and disputes

Question 2

Principles vs. process

Answer 2

• PRINCIPLES: The laws on the books

- PROCESS: The means by which laws are enforced, whether they be private law or public law

Question 3

Public law

Answer 3

• Governs relationships between individuals and Government

- Includes topics such as Criminal Law and Regulations

Question 4

Private law

Answer 4

• Governs relationships between individuals and private entities
• Includes topics such as Tort Law, Contract Law and Family Law

Question 5

Sources of American law

Answer 5

1. Common Law – Adopted from England
2. Statutory Law – Emanates from a legislative body
3. Regulations – Promulgated by administrative Agencies

Question 6

Definition of common law

Answer 6

• The body of principles that has evolved and expanded from judicial decisions that arise during the trial of court cases

Question 7

Precedent

Answer 7

• A judicial decision that may be used as a standard in subsequent similar cases

Question 8

Controlling precedent

Answer 8

• Must be followed, such as a higher court with the same jurisdiction

Question 9

Persuasive precedent

Answer 9

• Is one which may be cited to the court but is not binding, such as a court on the same level from different jurisdiction or a lower court on a higher one

Question 10

Rule of Stare Decisis

Answer 10

• Provides that when a decision is rendered in a case involving a particular set of facts, another case involving an identical or substantially similar relevant facts is to be resolved in the same manner as the first case

Question 11

Rule of Res Judicata

Answer 11

• A final judgment rendered by a court of competent jurisdiction on the merits is conclusive as to the rights of the parties and their privies, and as to them, constitutes an absolute bar to subsequent action involving the same claim, demand, or cause of action
• Is distinguishable from precedence, in that refers to a single cause, set of circumstances or case

Question 12

Court systems

Answer 12

• Federal Courts – resolve federal issues, disputes between residents from different states (“Diversity Jurisdiction”)
• State Courts – Resolve state law issues
• Special Courts – Tax Court, Bankruptcy Court, etc.

Question 13

Courts divided into levels

Answer 13

• Trial court
• Appellate court
• Court of final appeal

Question 14

Trial court

Answer 14

• Tries the facts, usually a jury to decide facts and judge to apply law
• US district courts (94 judicial districts)
• US bankruptcy court
• US court of international trade
• US court of federal claims

Question 15

Appellate court

Answer 15

• Decides issues of law primarily through appeals of errors by trial court
• More than one in existence with different jurisdictions
• 12 regional courts of appeals (1 court of appeals for the federal circuit)

Question 16

Court of final appeal

Answer 16

• Last level of appeal and presides over all the courts

- US Supreme Court

Question 17

Definition of statutory law

Answer 17

• Any written law emanating from a legislative body

- Is hierarchical in application under the concept of Federalism

Question 18

Federalism

Answer 18

• Separates the pool of legislative functions into two tiers of government, federal and state
• Theoretically, the Constitution grants the federal government only limited “enumerated” powers while the state possesses “plenary” powers

Question 19

The doctrine of Federal Preemption

Answer 19

Provides that conflicts between state regulation and federal regulation are resolved in favor of federal government if:

1. It is a legitimate area of federal concern and
2. There is a true conflict

Question 20

Definition of administrative law

Answer 20

• Body or rules and regulations issued by administrative agencies to administer the laws enacted by state and federal legislatures
• Limited to the scope of authority delegated by the legislature
• Falls under the executive branch

Question 21

Administrative law and electoral review

Answer 21

• No electoral review: right of those affected to bring rule challenges
• Standing required is usually if the person or entity is “substantially affected”
• Those rules can be later tested in the courts by persons accused of violating them, known as the right of judicial review
• Applies only after exhaustion of administrative remedies

Question 22

Separation of powers

Answer 22

• Provides that no one Branch of government is clearly dominant over the other two
• Each having its distinct functions which, at the same time, may affect and limit the other branch’s exercise of their function

Question 23

System of checks and balances

Answer 23

• Legislative: Enact, amend or repeal laws within the limits of the constitution
• Executive: Administer and enforce the law
• Judicial: Adjudication; resolution of disputes in accordance with law as well as interpretation of the law