Quiz 2 Review - 5/28

Question 69

Define:

civil disobediance

Answer 69

Purposeful, peaceful lawbreaking to dramatize one’s opposition to the law

Question 70

Define:

civil law

Answer 70

The law relating to rights and obligations of parties

Question 82

Define:

due process of law

Answer 82

Procedural and substantive rights of the citizens against government actions that threaten the denial of life, liberty or property

Question 83

Define:

English common law

Answer 83

A system of legal rules and principles recognized by English judges prior to the colonization of America and accepted as a basic aspect of the American legal system

Question 84

Define:

equity

Answer 84

Historically, a system of rules, remedies, customs, and principles developed in England to supplement the harsh common law by emphasizing the concept of fairness. In addition, because common law served only to recompense after injury, this was devised to prevent injuries that could not be repaired or recompensed after the fact. In modern America, these are administered by the same courts.

Question 86

Define:

executive order

Answer 86

An order by a president or governor directing some particular action to be taken

Question 93

Define:

habeas corpus

Answer 93

“You have the body.” A judicial order issued to an official holding someone in custody, requiring the official to bring the prisoner to court for the purpose of allowing the court to determine whether that person is being held legally.

Question 98

Define:

lawmaking function

Answer 98

One of the principal functions of an appellate court, often referred to as the law development function, in which the appellate court makes law by interpreting or reinterpreting a constitutional or statutory provision

Question 100

Define:

legislature

Answer 100

An elected lawmaking body such as Congress or a state assembly

Question 106

Define:

natural law

Answer 106

Principles of human conduct believed to be ordained by God or nature, existing prior to and superseding human law

Question 107

Define:

ordinance

Answer 107

An enactment of a local governing body such as a city council or commission

Question 109

Define:

police power

Answer 109

The power of government to legislate to protect public health, safety, welfare and mortality

Question 110

Define:

positive law

Answer 110

The written law enforced by the government

Question 111

Define:

precedents

Answer 111

Judicial decisions cited as authority controlling or influencing the outcome of a similar case

Question 115

Define:

Roman Law

Answer 115

Laws that prevailed among the Romans first codified in the Twelve Tables; basis of the modern civil law in most European countries

Question 116

Define:

rule of law

Answer 116

The idea that law, not the discretion of officials, should govern public affairs

Question 118

Define:

sovereignty

Answer 118

The authority of an independent nation or state to govern within its territorial limits

Question 120

Define:

stare decisis

Answer 120

“The stand by matters decided.” The principle that past decisions should stand as precedents for future decisions. This principle, which stands for the proposition that precedents are binding on later decisions, is said the be followed less rigorously in constitutional law than in other branches of law.

Question 121

Define:

statute

Answer 121

A generally applicable law enacted by a legislature

Question 129

Define:

United States Constitution

Answer 129

The supreme law of the United States, this document adopted in 1787 replaced the Confederation of Articles and lays out the structures and powers of government as well as basic rights of individuals.

Question 130

Define:

writ

Answer 130

An order issued by a court of law requiring or prohibiting the performance of some specific act