Chapter 1 - Introduction To Law

Question 1

Common Law

Answer 1

Stare decisis (“let the decision stand”). Using past court decisions in making judgements in order to provide consistency and constancy of the law

Question 2

Substantive Law

Answer 2

Laws that give rights and responsibilities

Question 3

The Theory of Positive Law

Answer 3

The theory that the critical part of the law is obedience so we have an orderly society

Question 4

Equity

Answer 4

A body of law that attempts to do justice when the law does not provide a remedy, when the remedy is inadequate, or when the application of law is terribly unfair

Question 5

Party autonomy

Answer 5

Allows firms to operate uniformly throughout the world if their contracts are recognized as valid in most countries

Question 6

Courts of Chancery

Answer 6

The type of court where equitable remedies were available before they were combined with the common law courts

Question 7

5 Purposes of the Law

Answer 7

1. Keeping order
2. Influencing conduct
3. Honoring expectations
4. Promoting equality
5. Compromising disputes

Question 8

Multilateral treaties

Answer 8

Treaties made among several nations

Question 9

Criminal law

Answer 9

Laws for a wrong against society

Question 11

Uniform Laws

Answer 11

Laws drafted by groups of business people, scholars, and lawyers in an effort to make interstate business less complicated

Question 12

Citation

Answer 12

Legal shorthand to reference laws

Question 13

Statutory Law

Answer 13

Law passed by some governmental body and written in some form

Question 14

The Theory of Natural Law

Answer 14

A Theory of law that says we have certain rights that cannot be taken away by law

Question 15

Public Law

Answer 15

Laws enacted by some authorized governmental body

Question 15

Procedural law

Answer 15

Laws that provide means for enforcing substantive laws

Question 16

United States Code (U.S.C)

Answer 16

Laws passed by congress

Question 17

Civil law

Answer 17

Laws for a wrong against another person or persons

Question 17

4 Theories of Law

Answer 17

1. Positive Law
2. Natural Law
3. The Protection of Individuals and Relationships
4. The social contract

Question 19

Universal treaties

Answer 19

Treaties recognized by almost all nations

Question 20

Injunctions

Answer 20

Court orders prohibiting certain conduct or ordering certain acts

Question 22

3 Characteristics of Law

Answer 22

1. Flexibility
2. Consistency
3. Pervasiveness

Question 23

Jurisprudence

Answer 23

Legal study of different theories or value bases for law

Question 24

Uniform Commercial Code (UCC)

Answer 24

Governs contracts for the sale of goods, commercial paper, security interests, and other types of commercial transactions

Question 25

State codes

Answer 25

The states’ criminal laws, laws for incorporation, laws governing partnerships, and contract laws

Question 27

Ordinances

Answer 27

Laws at the city, town or county levels

Question 28

Bilateral treaties

Answer 28

A treat between two nations

Question 29

Private Law

Answer 29

Law developed between two individuals

Question 30

6 Sources of law

Answer 30

1. Constitutional law 2. Federal Statutory Law 3. State Statutory Law 4. Local Laws of Cities Counties and Townships 5. Private Laws 6. Court Decisions

Question 31

The Theory of The Protection of Individuals and Relationships

Answer 31

The Theory that our interactions with each other constitute the foundation of law

Question 31

Constitutions

Answer 31

The law of the people; changed only by lengthier and more demanding procedures than those used to repeal statutes

Question 32

The Theory of The Social Contract

Answer 32

The theory that law exists as the result of those who happen to be in power, that there is a social contract that we mutually honor

Question 32

Treaty

Answer 32

An agreement between or among nations on a subject of international law signed by the leaders of the nations and ratified by the nation's governing bodies

Question 33

Executive Orders

Answer 33

Laws of the executive branch of the federal government and dealing with those matters under direct control of that branch

Question 34

Act of state doctrine

Answer 34

A theory that protects governments from reviews of their actions by courts in other countries

Question 35

1st Source of law

Answer 35

Constitutional Law

Question 36

2nd Source of Law

Answer 36

Federal Statutory Law

Question 37

3rd Source of Law

Answer 37

State Statutory Law

Question 38

4th Source of Law

Answer 38

Local Laws of Cities Countries and Townships

Question 39

5th Source of Law

Answer 39

Private Laws

Question 40

6th Source of Law

Answer 40

Court Decsions

Question 41

1st Characteristic of Law

Answer 41

Flexibility

Question 42

2nd Characteristic of Law

Answer 42

Consistency

Question 43

3rd Characteristic of Law

Answer 43

Pervasiveness

Question 44

1st Purpose of the Law

Answer 44

Keeping order

Question 45

2nd Purpose of the Law

Answer 45

Influencing conduct

Question 46

3rd Purpose of the Law

Answer 46

Honoring expectations

Question 47

4th Purpose of the Law

Answer 47

Promoting equality

Question 48

5th Purpose of the Law

Answer 48

Compromising disputes