Introduction to US Law

Question 1

Civil-law system

Answer 1

Comprehensive codes of written laws that apply to all legal questions

Relies on scholarly interpretations

Question 2

Common-law system

Answer 2

Body of law derived from court decisions

Arose in England in 1066

Question 3

Doctrine of stare decisis

Answer 3

Principle that lower courts must follow precedents set by higher courts

Question 4

Synthesis

Answer 4

Combining rulings from several legal authorities into a new rule of law

Question 5

Threshold cases

Answer 5

Situations wiht no prior case or directly applicable law

Question 6

Three most common ways to classify US law

Answer 6

• Criminal or civil
• By subject matter
• Substantiative or procedural

Question 7

Criminal law

Answer 7

Branch of law that imposes penalties for wrongs against society

Question 8

Civil law

Answer 8

Applies to legal matters not governed by criminal law and protects rights and provides remedies for breaches of duties owed to others

Question 9

Burden of proof differences between civil and criminal law

Answer 9

Criminal: beyond a reasonable doubt

Civil: a preponderance of evidence

Question 10

Examples of subject-matter classifications

Answer 10

Contracts, torts, agency, and property law

Own rules and precedents

Question 11

Substantive law

Answer 11

Creates, defines, and regulates parties’ rights, duties, and powers

Question 12

Procedural law

Answer 12

Prescribes the steps for enforcing the rights and duties defined by substantive law

Question 13

Five sources of law

Answer 13

1. Constitution
2. Legislative branch
3. Judicial branch
4. Executive branch
5. Administrative agencies

Question 14

Executive branch

Answer 14

President/governors

Power to recommend, approve, or veto laws and carry out laws through administrative agencies

Question 15

Legislative branch

Answer 15

Congress and state legislatures

Power to pass laws

Question 16

Judicial branch

Answer 16

Interprets, affirms, or negates laws

Question 17

Equal Protection Clause

Answer 17

Requires equal treatment to all persons under like circumstances and conditions

Question 18

NAIC actions

Answer 18

Pools information to help regulators coordinate

Develops model laws, regulations, and guidelines

Question 19

Diversity jurisdiction

Answer 19

Authority of federal district courts to hear cases involving parties from different states involving amounts over a legal minimum

Question 20

Writ of certiorari

Answer 20

Appellate court’s order directing a lower court to deliver its record in a case for appellate review

Question 21

Conflicts of law

Answer 21

Body of law that resolves questions when states’ laws conflict

Question 22

Center of gravity rule

Answer 22

Law of state with most significant relationship to the case is applied

Question 23

Administrative law

Answer 23

Statutory laws that grant power to administrative agencies to act and the body of law that is created by the agencies themselves

Question 24

Motion for summary judgment

Answer 24

Pretrial request asking the court to enter a judgment when no material facts are in dispute

Question 25

General verdict

Answer 25

Entails a complete finding and single conclusion by a jury

Question 26

Special verdict

Answer 26

Makes findings of fact by answering specific questions from the judge; judge applies law to the facts

Question 27

Res judicata

Answer 27

Bars parties to a lawsuit on which final judgment has been rendered from bringing a second lawsuit on the same claim or related transactions

Question 28

Collateral estoppel

Answer 28

Bars parties from relitigating an issue on which a court has already ruled (even if second lawsuit differs significantly from the first)

Question 29

Alternative dispute resolution

Answer 29

Settling disputes without litigation Arbitration Mediation Negotiation

Question 30

Adjudication necessity

Answer 30

If law specifically requires it or either party demands it

Question 31

Requirements for judicial review

Answer 31

Agency issues a final order Doctrine of exhaustion of administrative remedies has been satisfied