Ch 2 - Structure of U.S. Law Flashcards Preview

CIPP-US > Ch 2 - Structure of U.S. Law > Flashcards

Flashcards in Ch 2 - Structure of U.S. Law Deck (90)
Loading flashcards...
1

What are the three branches of government in the U.S.?

Executive Branch
Legislative Branch
Judicial Branch

2

What is the Executive Branch comprised of?

President
Vice President
Cabinet
Federal agencies

3

What is the Legislative Branch comprised of?

Congress
House of Representatives
Senate

4

What five types of courts is the Judicial Branch comprised of?

Federal Courts, U.S. Supreme Court, Court of Appeals, and circuit and district courts.

5

What are the six sources of law in the U.S.?

Constitutions
Legislation
Regulations and rules
Case law
Common law, including Tort Law
Consent decree

6

The three branches of U.S. government include:
a. Executive, Congressional, and Judicial
b. Legislative, Judicial, and Presidential
c. Executive, Legislative, and Federal
d. Executive, Legislative, and Judicial

d. Executive, Legislative, and Judicial

7

What is the Executive Branch comprised of?
a. Congress, which includes the House of Representatives and Senate
b. President, Vice President, Cabinet, and Federal Agencies
c. Federal Courts, Supreme Court, Court of Appeals, circuit courts, and district courts
d. All of the above

b. President, Vice President, Cabinet, and Federal Agencies

8

What are the functions of the Executive Branch?
a. To enforce federal laws
b. To make federal laws
c. To interpret the Constitution
d. All of the above

a. To enforce federal laws

9

What is the Legislative Branch comprised of?
a. Congress, which includes the House of Representatives and Cabinet
b. The Senate and the Cabinet
c. Congress, which is made up of the House of Representatives and Senate
d. None of the above

c. Congress, which is made up of the House of Representatives and Senate

10

What are the functions of the Legislative Branch?
a. To make the federal laws
b. To enforce federal laws
c. To interpret the law
d. None of the above

a. To make the federal laws

11

What is the Judicial Branch comprised of?
a. Federal Courts, Supreme Court, Court of Appeals, and municipal courts
b. Federal Courts, State Courts, and Municipal Courts
c. Federal Courts, Supreme Court, Court of Appeals, and circuit and district courts
d. None of the above

c. Federal Courts, Supreme Court, Court of Appeals, and circuit and district courts

12

What are the functions of the Judicial Branch?
a. Enforcing federal laws
b. Interpreting federal laws
c. Oversee state courts
d. Only a and b

b. Interpreting federal laws

13

Which of the following includes three sources of U.S. law?
a. Constitutions, legislation, and regulations and rules
b. Constitutions, legislation, and declaratory opinions
c. Common law, judicial guidance, and common law
d. Constitutions, legislation, and regulatory guidance

a. Constitutions, legislation, and regulations and rules

14

Which of the following includes three sources of U.S. law?
a. Consent decrees, declaratory guidance, and judicial opinions
b. Regulations and rules, torts, and judicial opinions
c. Case law, common law, and civil decrees
d. Regulations and rules, case law, and common law

d. Regulations and rules, case law, and common law

15

Which of the following includes three sources of U.S. law?
a. Torts, consent decrees, and case opinions
b. Consent decrees, civil opinions, and rules and regulations
c. Regulations and rules, consent decrees, and torts
d. None of the above

c. Regulations and rules, consent decrees, and torts

16

Which of the following is not considered a source of U.S. law?
a. Case law
b. Torts
c. Proposed amendment
d. Consent decrees

c. Proposed amendment

17

Which source of law is considered the supreme law of the United States?
a. Declaration of Independence
b. U.S. Constitution
c. U.S. Supreme Court
d. All of the above

b. U.S. Constitution

18

In the U.S. Constitution, privacy is:
a. Explicitly stated in several amendments
b. An inalienable right
c. Implied as a right in several amendments
d. Only a and b

c. Implied as a right in several amendments

19

Which source of law exercises the power and function of making rules (such as laws) that have the force of authority by virtue of their promulgation by an official of a state or other organization?
a. Legislation
b. Common law
c. Civil law
d. All of the above

a. Legislation

20

Which source of law involves compliance expectations placed on industries by regulatory agencies?
a. Common law
b. Torts
c. Civil law
d. Rules and regulations

d. Rules and regulations

21

Which source of law applies final decisions made by judges in past court cases to current or future case decisions in a manner consistent with the past decision?
a. Common law
b. Case law
c. Torts
d. Consent decrees

b. Case law

22

Which best describes one of the main challenges of case law in applying past decisions to current cases?
a. Precedents may change as technological and societal changes in values and laws evolve over time
b. No two cases are exactly alike
c. There are many varying factors involved that result in the decision from one case to another
d. Different judges have different perspectives

a. Precedents may change as technological and societal changes in values and laws evolve over time

23

Which source of law refers to legal principles that have developed over time through judicial decisions, and draws from social customs and expectations?
a. Case law
b. Torts
c. Consent decrees
d. Common law

d. Common law

24

Which source of law involves an agreement or settlement to resolve a dispute between two parties without admission of guilt or liability?
a. Torts
b. Contract law
c. Consent decree
d. None of the above

c. Consent decree

25

Which source of law requires a legally binding agreement that includes an offer, acceptance by the person to whom the offer was made, and consideration (bargained-for-exchange).
a. Consent decree
b. Contract law
c. Contract agreement
d. None of the above

b. Contract law

26

Contract law requires a legally binding agreement that includes:
a. An offer, acceptance, and a notarization
b. An offer, acceptance, and attorney’s review
c. An offer, acceptance, and consent decree
d. An offer, acceptance, and consideration

d. An offer, acceptance, and consideration

27

In contract law, for an agreement to be legally binding, an offer must be accepted by:
a. All parties to the agreement and their attorneys
b. The person from whom the offer is made
c. The person to whom the offer is made
d. None of the above

c. The person to whom the offer is made

28

In contract law, for an agreement to be legally binding, it must include consideration, which is:
a. Bargained-for exchange
b. Offer made to another party
c. Acceptance by the party to whom the offer is made
d. All of the above

a. Bargained-for exchange

29

Tort law is a source of law that addresses:
a. Final decisions made by judges in court cases
b. Legal principles developed over time from social customs
c. Civil wrongs recognized by law as having grounds for lawsuits
d. All of the above

c. Civil wrongs recognized by law as having grounds for lawsuits

30

One of the primary goals of tort law is to:
a. To let the decision from previous cases stand
b. Provide relief for damages incurred
c. Uphold special privilege rules such as attorney-client confidentiality
d. None of the above

b. Provide relief for damages incurred