Chapter 1: Law and Legal Reasoning

Question 1

What are the primary sources of American law?

Answer 1

1. The U.S. Constitution and the constitutions of the various states
2. Statutory law– including laws passed by Congress, state legislatures, or local governing bodies
3. Regulations created by administrative agencies (such as the Federal Trade Commission)
4. Case law and common law doctrines

Question 2

sources that establish the law

Answer 2

primary sources of law

Question 3

books and articles that summarize and clarify the primary sources of law

Answer 3

secondary sources of law

Question 4

What is Constitutional Law?

Answer 4

• law that is based on the U.S. constitution and the constitutions of of the various states.

Question 5

What is the Supreme Law of the Land? What is the basis of all law in the United States?

Answer 5

The U.S. Constitution

Question 6

What does the 10th Amendment do?

Answer 6

It reserves to the states all powers not granted to the federal government.

Question 7

the body of law enacted by legislative bodies

Answer 7

statutory law

Question 8

When a legislature passes a statute, the statute ultimately is included in:

Answer 8

the federal code of laws or the relevant state code of laws

Question 9

a law passed by a local governing unit, such as a city or a county

Answer 9

ordinances

Question 10

What is the difference between a federal statute and a state statute?

Answer 10

Federal statute applies to all states; state statute only applies within the state’s borders.

Question 11

What makes state laws vary from state to state?

Answer 11

State Statutes

Question 12

What does the National Conference of Commissioners on Uniform State Laws (NCCUSL) do?

Answer 12

Its object is to draft uniform laws (model statutes) for the states to consider adopting.

Question 13

If a state accepts a uniform law, what does it become?

Answer 13

It becomes a statutory law in that state

Question 14

Who’s decision is it to decide if they want to adopt or reject all or part of a uniform law?

Answer 14

The states

Question 15

What was the most ambitious uniform act of all?

Answer 15

The Uniform Commercial Code

Question 16

Who created the Uniform Commercial Code?

Answer 16

The NCCUSL and the American Law Institute

Question 17

What does the Uniform Commercial Code (UCC) facilitate?

Answer 17

commerce among the states by providing a uniform, yet flexible, set of rules governing commercial transactions.

Question 18

the body of law created by administrative agencies in order to carry out their duties and responsibilities:

Answer 18

administrative law

Question 19

a federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment

Answer 19

administrative agencies

Question 20

an administrative agency within the executive branch of government (within the cabinet departments)

Answer 20

executive agencies

Question 21

Who has the power to appoint and remove EXECUTIVE agencies’ officers?

Answer 21

The president (they are subject to the authority of the president)

Question 22

What is an example of an executive agency?

Answer 22

The U.S. Food and Drug Administration is an agency within the U.S. Department of Health and Human Services

Question 23

an administrative agency that is not considered to be part of the government’s executive branch and is not subject to the authority of the president.

Answer 23

independent regulatory agencies

Question 24

Independent agency officials cannot be removed without _______.

Answer 24

just cause

Question 25

How is the president's power in regards to independent regulatory agencies?

Answer 25

His power is less pronounced; the officers of independent regulatory agencies serve for FIXED TERMS and cannot be removed without just cause .

Question 26

Why did states adopt the English Common Law as their own?

Answer 26

Because they were comfortable with the common law

Question 27

What date was the English Common Law effective in each state?

Answer 27

The date they joined the Union

Question 28

What is the effect of different adoption dates of the English Common Law?

Answer 28

The law is slightly different from state to state

Question 29

Did the Federal Government adopt the Common Law?

Answer 29

No, we say there is no federal government concerning common law.

Question 30

the rules of law announced in court decisions (judge-made law)

Answer 30

case law

Question 31

the body of law developed from custom or judicial decisions in English and U.S. Courts, not attributable to legislature

Answer 31

common law

Question 32

What type of remedies did the courts of law in England grant?

Answer 32

1. land 2. items of value 3. money

Question 33

Today, the remedy at law normally takes the form of __________ ________.

Answer 33

monetary damages

Question 34

a court that decides controversies and administers justice according to the rules, principles, and precedents of fairness

Answer 34

courts of equity

Question 35

What are the remedies in equity?

Answer 35

specific performance, injunction, rescission

Question 36

ordering a party to perform an agreement as promised

Answer 36

specific performance

Question 37

an order to a party to cease engaging in a specific activity or to undo some wrong or injury

Answer 37

injunction

Question 38

the cancellation of a contractual obligation

Answer 38

rescission

Question 39

the equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights

Answer 39

the doctrine of laches

Question 40

a federal or state statute setting the maximum time period which a certain action can be brought or certain rights enforced

Answer 40

statutes of limitations

Question 41

a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts

Answer 41

precedent

Question 42

a publication in which court cases are published, or reported

Answer 42

reporters

Question 43

a common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdictions

Answer 43

stare decisis

Question 44

What are the two aspects of Stare Decisis?

Answer 44

1. A court shouldn't overturn its own precedents unless there is a compelling reason to do so. 2. Decisions made by a higher court are binding on lower courts.

Question 45

cases for which no precedents exist

Answer 45

cases of first impression

Question 46

any legal authority or source of law that a court may look to for guidance but need not follow when making its decision

Answer 46

persuasive authorities

Question 47

the process of evaluating how various laws apply to a given situation; the process by which a judge harmonizes his/her opinion with the judicial decisions in previous cases

Answer 47

legal reasoning

Question 48

law that defines, describes, regulates and creates legal rights and obligations

Answer 48

substantive law

Question 49

law that establishes the methods of enforcing the rights established by substantive law

Answer 49

procedural law

Question 50

branch of law dealing with the definition and enforcement of all private or public rights

Answer 50

civil law

Question 51

branch of law that defines and punishes wrongful actions committed against the public

Answer 51

criminal law

Question 52

T/F: The common law is a body of law developed from judicial decisions.

Answer 52

True

Question 53

T/F: The basis of a civil law system is a written code of laws.

Answer 53

True

Question 54

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution:

Answer 54

the state provision will not be enforced

Question 55

An award of damages is:

Answer 55

a payment of money or property

Question 56

What is the most important function of the law for business?

Answer 56

Facilitating Planning

Question 57

Who is the Father of Common Law?

Answer 57

King Williams the I