Chapter 1

Question 1

What are the four sources of law?

Answer 1

Constitution, Case Law, Statues, Adminstrative Law

Question 2

What is Constitutional Law?

Answer 2

Supreme law of the land. Laws from the consititution.

Question 3

What interprets the constitution into today’s terms?

Answer 3

Supreme Court.

Question 4

What do decisions by the supreme court do?

Answer 4

Set precedent for the smaller courts.

Question 5

What is Case Law?

Answer 5

“Common law” or judge made law.

Question 6

What is precedent?

Answer 6

rule that comes from a case/trial

Question 7

What are Statutes?

Answer 7

Laws passed by legislatures

Question 8

Are there Federal and State Statutes?

Answer 8

Yes.

Question 9

Who are legislatures?

Answer 9

Congress.

Question 10

What are the two sections of Congress?

Answer 10

House of Reps & Senate.

Question 11

Does a bill have to pass both sides of Congress to be made law.

Answer 11

Yes.

Question 12

What is Adminstrative Law?

Answer 12

Laws set my adminstrative agencies.

Question 13

What are adminstrative agencies?

Answer 13

Agencies such as the SEC that have juridiction over a certain industry.

Question 14

What is Public Law?

Answer 14

law that involves suits betwee private indiviuals/groups AND their governmet.

Question 15

What is Private Law?

Answer 15

law that involves suits betwee private indiviuals/groups

Question 16

What is Civil Law?

Answer 16

body of law that govern the rights & responsabilities between persons and persons and their governmet.

Question 17

What is Criminal Law?

Answer 17

body of law that governs the rights & resonabilties an individual has with respect to the public.

Question 18

Is case law revokable by Statues?

Answer 18

Yes.

Question 19

What helps evolve Statues?

Answer 19

NCC (National Conferance of Comissioners on Uniform Statue Laws)

Question 20

What helps evolve case law?

Answer 20

Restatements of Law.

Question 21

What are restatements of law?

Answer 21

summary of common law rules in a particular area of law.

Question 22

What level of government are adminstrative agencies?

Answer 22

Federal, State, Local

Question 23

What are treaties?

Answer 23

binding agreemet between two states or international organizations

Question 24

Who are treaties negotiated by?

Answer 24

executive branches & approved by 2/3 Senate

Question 25

What are the three branches of governmet?

Answer 25

judical, executive, legislative

Question 26

What are executive orders?

Answer 26

orders handed down by the president that requie the executive branch to preform their functions in a certain way.

Question 27

Where do president get their power to issue executive orders?

Answer 27

Article 2, Section 1

Question 28

What are the six schools of legal interpretation?

Answer 28

natural law, legal pastivism, identificaion with the vunerable, tradition, legal realism, cost-benifit anaylsis

Question 29

What legal interpretation of natural law?

Answer 29

recognizes the existance of higher law, or law that is morally superior to human laws.

Question 30

what is the legal interprtation of legal positivism?

Answer 30

believes that because society requires authority, a legal & authoritative hierarchy should exist. Moral obligations should not interfere with our inclination to obey it.

Question 31

What is the legal interpretation of indetification with the vunerable?

Answer 31

holds that society should be fair.

Question 32

What is the legal interpretation of tradiation?

Answer 32

school that uses traditions as the model for future laws ad behavior.

Question 33

What school of interpretation is stare decsis rooted in?

Answer 33

The legal interpretation of tradition.

Question 34

What is the legal interpretation of legal realism?

Answer 34

holds that context must be concidered as well as the law.

Question 35

What is the legal interpretation of cost-benifit anaysis?

Answer 35

school in which all costs and benefits of a law are given monatary values

Question 36

What are ethics?

Answer 36

practive about what is good or right.

Question 37

What are Business Ethics?

Answer 37

use of ethics ad ethical priciples to solve business delimas.

Question 38

What is the WPH Approach?

Answer 38

ethical guidelines that urges us to concider whom an action effects, the purpose of the actions & how we view it's morality.

Question 39

Who is the WHOM in the WPH approach?

Answer 39

groups of people affected by a firms decisions.

Question 40

What are the HOW in the WPH approach?

Answer 40

The golden rule, Public disclosure test, Univerzalization test

Question 41

Constitutions and statues are complete in the sense of covering the detailed rules that affect government and business relations.

Answer 41

False.

Question 42

What is supreme law of the land?

Answer 42

The US Constitution

Question 43

Where can legislative acts passed by the US Congress be found

Answer 43

US Code

Question 44

What is the UCC (Uniform Commerical Code)?

Answer 44

laws that include sales laws and other regulatios affecting commerce,

Question 45

When courts rely on precedet they are obeying what?

Answer 45

Stare decsis

Question 46

Are the decisions made by the Supreme court binding to past cases?

Answer 46

No. Only current cases and future cases.

Question 47

If you want to do business in a different country do you have to abide by their rules to do business?

Answer 47

Yes.