business/personal law quiz 1

Question 1

Enforceable rules of conduct in society

Answer 1

Laws

Question 2

A group of laws in an organized form

Answer 2

Code

Question 3

Stages in the Growth of Law

Answer 3

Revenge, substitutes an award, courts, prevent and punish

Question 4

Based on current standards or customs of people;usually formed from rules by judges

Answer 4

Common law

Question 5

Laws set down by a sovereign to prevent disputes and wrongs occuring in the first place

Answer 5

Positive law

Question 6

Powerful leader

Answer 6

Sovereign

Question 7

Achieves UNIFORMITY while maintaining an ability to adapt to chainges in society

Answer 7

English common law

Question 8

Brought by French explorers
Only one state uses this type of law

Answer 8

Roman civil law

Question 9

The power to decide a case

Answer 9

Jurisdiction

Question 10

Using prior cases as a guide for deciding similar new cases

Answer 10

Precedent

Question 11

Fairness

Answer 11

Equity

Question 12

Court order for a person to do or not to do something

Answer 12

Injunction

Question 13

Laws in the country are created at all 3 levels of government

Answer 13

Federal,state, and local

Question 14

Constitution,statues,case law, administrative regulations

Answer 14

The 4 sources of law

Question 15

Sets forth the framework of a government and its relationship to people it governs

Answer 15

Constitution

Question 16

Laws enacted at federal and state legislatures

Answer 16

Statues

Question 17

Stated by judges, made from court decisions in actual cases

Answer 17

Case law

Question 18

Laws created by administrative agencies (government bodies)

Answer 18

Administrative regulations

Question 19

Supreme law of the land (superior to any state constitution)

Answer 19

Federal constitution

Question 20

The final interpreter of the federal constitution

Answer 20

US Supreme court

Question 21

Trade between two different states (federal)

Answer 21

Interstate

Question 22

Trade within a state (state)

Answer 22

Intrastate

Question 23

Branches of government

Answer 23

Executive,legislative, and judicial

Question 24

Laws enacted by legislative branches of state and federal level (congress)

Answer 24

Statues

Question 25

Law created by a town or city council

Answer 25

Ordinance

Question 26

Laws enacted by the JUDICIAL branch of government. (usually made after a trial ended and one of the parties appealed to a higher court)

Answer 26

Case law

Question 27

Doctrine that requires lower courts to follow and establish case law in deciding similar cases (not in supreme court)

Answer 27

Stare Decisis “Let the decision stand”

Question 28

Government bodies formed to carry out particular laws. create ??? laws (rules and regulations)

Answer 28

Administrative Regulations

Question 29

Controlled by the Executive branch

Answer 29

Administrative Regultions

Question 30

Judicial branch

Answer 30

Case law

Question 31

Higher court’s decision prevails over a lower court’s decision.
Law is void if conflicts with federal constitution (unconstitutional).
Laws must not exceed the scope of powers delegated by legislature

Answer 31

When laws conflict

Question 32

A wrong against an individual person

Answer 32

Tort

Question 33

Police do not take action
Seek remedy for wrongs done
if defendant loses a ??? case, they are liable (must pay)

Answer 33

Civil law

Question 34

Offense against society

Answer 34

Crime

Question 35

Government investigations/prosecutes
Conviction results in fines, imprisonment, execution
Robbery, murder, assault, reckless driving

Answer 35

Criminal law

Question 36

Deals with meathods of ENFORCING legal right and duties
Laws that specify how and when police can make arrests and methods used in a trial
will the case go to trial
Judge will decide procedural issues because they are questions of law
Failure to follow procedure can cause an otherwise winning case to be lost

Answer 36

Procedural law

Question 37

Defines rights and duties
Concerned with all the rules of conduct except those involved in enforcement
The law against takking anothers life is part of this law
-Murder, theft, vehicular homicide, breach of contract and negligence

Answer 37

Substantive law

Question 38

Rules that apply to business transactions
Mainly concerned with civil law…especially contracts(breach)
Criminal law would punish a firm that conspires with competitors to fix prices
Uniform Commercial Code (UCC)
UCC regulates business transactions and maintains uniformity

Answer 38

Business law

Question 39

Right or wrong (affects you or others)
Reasoned (not emotional)
Impartial (applies to everyone)

Answer 39

Ethic decisions

Question 40

Based on consequences as a result of action

Answer 40

Consequence-based

Question 41

Judged to be right or wrong; “would the result be irrational, illogical, or demeanoring?”

Answer 41

Rule-based

Question 42

Insurance policy the pays the employer money in the case of theft by employees

Answer 42

Fidelity bond

Question 43

Capacity to do what is right in the face of temptation or pressure to do otherwise

Answer 43

Integrity

Question 44

Open, peaceful violation of law to protest injustice (makes the legal system more just)

Answer 44

Civil obedience

Question 45

Written law is in conflict with ethical reasoning
no effective political methods to change law
nonviolent
Doesn’t advance immediate person’s self-interest
Is public and one willing accepts punishment for violating the law

Answer 45

Civil disobedience is legal when