Chapter 1 - Introduction to Law

Question 1

Define Federalism

Answer 1

A double-layered system of government, with the national and state governments each exercising important but limited powers.

Question 2

Define Legislative Power

Answer 2

The ability to create new laws

Question 3

Define Executive Power

Answer 3

The authority to enforce laws

Question 4

Define Judicial Power

Answer 4

The power to interpret laws and determine their validity.

Question 5

Define Bill

Answer 5

An idea for a new law

Question 6

Define Statute

Answer 6

A law that passed by Congress or state legislature

Question 7

Define Veto

Answer 7

Constitutional right of the president to reject a decision or proposal made by congress. Overturned by a 2/3 majority by the House and the Senate

Question 8

Define Stare Decisis

Answer 8

The principal that precedent is binding on later cases.

It means “Let the decision stand”

Question 9

Define Precedent

Answer 9

An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances

Question 10

Where is precedent binding?

Answer 10

Only in lower courts.Supreme Court has no obligation to follow precedent.

Question 11

Define Injunction

Answer 11

Court order to stop doing something

Question 12

Define Criminal Law

Answer 12

Concerns behavior so threatening that society outlaws it altogether

Question 13

Define Civil Law

Answer 13

Regulated the rights and duties between parties.

Question 14

Define Regulation

Answer 14

Laws created by Administrative agencies

Question 15

How are basic criminal law prosecutions handled?

Answer 15

The government prosecutes the wrongdoer, regardless of what the injured party wants. A district attorney brings the case to court. The injured party is not in charge of the case, but may appear as a witness. The government will seek to punish the defendant with a prison sentence, fine, or both. The money won goes the the state.

Question 16

Define Plaintiff

Answer 16

The person who is suing

Question 17

Define Defendant

Answer 17

The person being sued

Question 18

Define Holding

Answer 18

A court’s decision

Question 19

Define Reverse

Answer 19

To declare the lower court’s ruling wrong and void.

Question 20

Define Remand

Answer 20

To send a case back down to a lower court.

Question 21

Define Affirm

Answer 21

To uphold a lower court’s ruling

Question 22

What are the five primary source of contemporary law?

Answer 22

• United States Constitution
• States
• Common Law
• Court Orders
• Administrative Law

Question 23

What is Common Law?

Answer 23

Judge Made Law, that is the body of cases decided by judges, as they follow earlier cases

Question 24

What are Court Orders?

Answer 24

When a judge places binding obligations on specific people and companies

Question 25

What is Administrative Law?

Answer 25

The rules and decisions made by federal and state administrative agencies.

Question 26

What are the two sources of constitutional law?

Answer 26

The constitution and the state constitutions

Question 27

How can you identify something as Legislative/Statutory Law? Where can they come from?

Answer 27

It mentions acts, ordinances, bills, or resolutions. Can be on the federal, state, county, and city level

Question 28

What are other names for Common Law? 4

Answer 28

Case Law Judge Made Law Precedence Old English Law

Question 29

What is the standard of evidence for criminal trials? civil trials?

Answer 29

Criminal - Beyond a reasonable doubt - 99% sure | Civil - Preponderance of the evidence - 51% sure

Question 30

Define Legal Positivism

Answer 30

The legal philosophy holding that law is what the sovereign says it is, regardless of its moral content

Question 31

Define Legal Realism

Answer 31

The legal philosophy holding that what really influences the law is who makes and enforces it, not what is put into writing.

Question 32

Define Natural Law

Answer 32

The theory that an unjust law is no law at all, and that a rule is legitimate only if based on an immutable morality.

Question 33

Define Amendment

Answer 33

Any addition to a legal document. The constitutional amendments, the first ten of which are known collectively as the Bill of Rights, secure numerous liberties and protections directly for the people.

Question 34

Who are the Founding Fathers?

Answer 34

Or Framers - The authors of the US Constitution, who participated in the Constitutional Convention in Philly in 1787.

Question 35

Define Jurisprudence

Answer 35

The study of the purposes and philosophies of the law, as opposed to particular provisions of the law.

Question 36

Define Law Case

Answer 36

The decision a court has made in a civil lawsuit or criminal prosecution.

Question 37

Define Procedural Law

Answer 37

The rules establishing how the legal system itself is to operate in a particular kind of case.

Question 38

Define Substantive Law

Answer 38

Rules that establish the rights of the parties. For example, the prohibition against slander is substantive law, as opposed to procedural law.

Question 39

Define U.S Constitution

Answer 39

The supreme law of the US