Quiz 1

Question 1

Define Law

Answer 1

the rules of conduct or action prescribed is formally recognized as binding or enforced by a controlling authority

Question 2

Legislative branch does what…

Answer 2

prescribes the law

Question 3

Judicial branch does what…

Answer 3

binds the law

Question 4

Executive branch does what…

Answer 4

enforces the law

Question 5

The government does what…

Answer 5

controlling authority

Question 6

Common law

Answer 6

judge made law, when legislature has not enacted a law

Question 7

Precedent

Answer 7

the correct decision in court

Question 8

Stare decisis

Answer 8

let the decision stand

Question 9

Statutes

Answer 9

an act of legislature that declares, prescribes, or commands something a specific law

Question 10

Sources of law

Answer 10

1. U.S constitution
2. Statutes enacted by congress
3. Treaties, made by the president

Question 11

what determines the order of importance for sources of law?

Answer 11

Article VI

Question 12

Agencies put forth…

Answer 12

Rules, Regulations, Administrative adjudications

Question 13

Executive order

Answer 13

minor stuff does not have to go back to congress, the president can just do it.

• come and go depending on president
• another source of law

Question 14

National Government

Answer 14

Federal court decisions

-another source of law

Question 15

Local government

Answer 15

the creation of the state

• not in the constitution
• made up from the state itself

Question 16

Charter

Answer 16

(like a constitution) description of an organizations functions, by a county’s legislative or sovereign power

Question 17

Types of Law

1. Common Law

Answer 17

(made by judges) fills gaps where there are no statutes. Judge made law, the legislature had not acted

Question 18

Types of Law

2. Statutory Law

Answer 18

enacted by legislatures

Question 19

Types of Law

3. Criminal

Answer 19

deals with conduct which is offensive to the people or society as a whole. The government represents the people

Question 20

Types of Law

4. Civil Law

Answer 20

disputes concerning the rights and duties that exist between private persons or between citizens and government. One party believes the other violated. sues. (usually for money)

Question 21

Types of Law

5. Equity

Answer 21

When someone goes to court seeking judicial relief, court order, the person wants someone to do something or to prevent someone from doing something. Time is a factor.
-NEVER seeking money

Question 22

Types of Law

6. Private Law

Answer 22

relationships between persons

Question 23

Types of Law

7. Public Law

Answer 23

government gets involved for the good of the people as a whole, or society

• not everyone may benefit directly
• all criminal law falls under public law

Question 24

Types of Law

8. Administrative Law

Answer 24

rules, regulations, and administrative adjunctions put forth by various departments

Question 25

Types of Law | 9. Constitutional Law

Answer 25

Interpreting provisions in a constitution

Question 26

Types of Law | 10. International Law

Answer 26

1. body of rules which controls conduct of nations in relation with each other (how they interact) 2. Laws which determine for which nations courts a legal matter can be brought and which nations shall govern - recongize whats a legitimate government

Question 27

Types of Law | 11. Military Law

Answer 27

applies to people serving in a nations armed forces in addition to civil and criminal law. -uniform code of military justice

Question 28

Types of Law | 12. Martial Law

Answer 28

(temporary) when civil government can not handle a situation - military controls the civilians - president can declare when: 1. attack on U.S. 2. if there is a threat 3. if there is a domestic rebellion

Question 29

Three examples of martial law

Answer 29

1. civil war (rebellion) 2. Hawaii during WWII, Pearl Harbor (under attack) 3. War or 1812 (under attack)

Question 30

Where to find the U.S. Constitution

Answer 30

U.S. Code

Question 31

Where to find Statutes enacted by Congress

Answer 31

U.S. Code

Question 32

Where to find Rules, Regulations, & Admin Adjunctions

Answer 32

Federal Register (end of the year put in Code of Federal Regulations)

Question 33

Where to find Executive Orders

Answer 33

Federal Register (end of the year put in Code of Federal Regulations)

Question 34

Where to find U.S. Supreme Court

Answer 34

U.S. Reports

Question 35

Oder of citation

Answer 35

Case name, Volume, Publication, Page #, Year of decision

Question 36

Publications Abbreviations: U.S. Reports

Answer 36

U.S.

Question 37

Publications Abbreviations: Supreme Court Reporter

Answer 37

S.C.t

Question 38

Publications Abbreviations: Lawyers Edition

Answer 38

L.Ed

Question 39

Publications Abbreviations: 2d

Answer 39

second series (written directly after publication)

Question 40

Publications Abbreviations: 3d

Answer 40

third series (ex: L.Ed3d)

Question 41

Where to find Court of Appeals

Answer 41

Federal Reporter

Question 42

Publications Abbreviations: Federal Reporter

Answer 42

F.

Question 43

Publications Abbreviations: Federal Supplement

Answer 43

F.Supp.

Question 44

Where to find U.S. District Courts

Answer 44

Federal Supplement

Question 45

3 universal ways to change the law

Answer 45

1. Amend a constitution 2. court ruling 3. Legislature enact a statute

Question 46

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Answer 46

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