The Law the Legal System Slides Exam 1

Question 1

What are the sources of law?

Answer 1

• U.S. Constitution
• Legislatures
• Administrative Agencies
• Courts

Question 2

Where can statutory laws come from?

Answer 2

• U.S. Congress (federal laws)
• State Constitutions
• State Legislatures (state laws)
• Political subdivisions (ordinances)

Question 3

What are administrative agencies created for?

Answer 3

to administer a body of substantive law

Question 4

What are the functions that administrative agencies can carry out?

Answer 4

• Legislative Function

* Judicial Function

Question 5

How does administrative agencies carry out legislative functions?

Answer 5

• enact regulations
• interpret, define, and add details to statute
• can validate test of regulations if it’s within the scope of that agency’s authority

Question 6

How does administrative agencies carry out judicial functions?

Answer 6

Render decisions pursuant to “hearings” resembling court proceedings

Question 7

How are regulations published?

Answer 7

• Federal Register (Fed. Reg.)

- Code of Federal Regulations (CFR)

Question 8

Federal Register

Answer 8

Daily publication of proposed and final regulations and notices

Question 9

Code of Federal Regulations

Answer 9

Compilation of final regulations divided and indexed by subject matter

Question 10

What is common law?

Answer 10

judicial opinions

Question 11

What are judicial opinions?

Answer 11

• decision of the court
• enforceable as law
• binding on lower courts in the same jurisdiction (but in states, only applies to that state)

Question 12

What does principles of interpretation of the law include?

Answer 12

• Determining legislative intent if possible
• Ordinary meaning of words
• Due process rights of the individual

Question 13

What is the difference between criminal, civil, and administrative actions?

Answer 13

• Criminal: Government v. private party
• Civil: Private party v. private party
• Administrative: Agency v. private party

Question 14

What are the courts in the federal court system?

Answer 14

• U.S. Supreme Court
• Court of Appeals
• District Courts
• Specialty Courts

Question 15

U.S. Supreme Court

Answer 15

• Highest U.S. court
• Nine justices: lifetime appointment
• Original jurisdiction only in cases involving ambassadors, other public ministers, consuls, and when a state is a party.

Question 16

Court of Appeals

Answer 16

• 12 judicial circuits and courts

- Primarily hear appeals

Question 17

District Courts

Answer 17

Jurisdiction primarily based on whether there is a federal law or constitutional issue; diversity citizenship; or if a state or the U.S. is a party

Question 18

What are the courts in the federal court system?

Answer 18

• State Supreme Court
• Intermediate Appellate Courts
• Trial courts
• Limited jurisdiction courts
• Very limited jurisdiction courts

Question 19

Trial courts

Answer 19

• Often called county courts, superior courts, district courts, or circuit courts
• Nearly unlimited jurisdiction

Question 20

Plaintiff

Answer 20

Person bringing the action

Question 21

Defendant

Answer 21

Person action is brought against

Question 22

standing

Answer 22

• must be proved by plaintiff
• prove that the challenged conduct has caused the plaintiff injury
• there must be a legally protectable interest

Question 23

What are limitations for civil court?

Answer 23

there is a limited period of time in which a case can be filed

Question 24

What are the types of pleadings?

Answer 24

• Summons

- Complaint

Question 25

summons

Answer 25

Issued by court notifying defendant of suit and commanding defendant to file an answer

Question 26

complaint

Answer 26

Contains all material facts of case and remedy requested

Question 27

What is an answer?

Answer 27

admitting or denying allegations

Question 28

What happens if you don't file an answer?

Answer 28

default judgement

Question 29

What is the discovery process?

Answer 29

Pre-trial process in which each side must give the other all facts, evidence, and names of witnesses upon which it will rely

Question 30

What is a Deposition?

Answer 30

Out-of-court testimony by a witness under oath

Question 31

In a civil court, how is the jury selected?

Answer 31

Voir dire examination: The questioning by each side of potential jurors

Question 32

What is a jury's role in a trial?

Answer 32

determine questions of fact

Question 33

What is a judge's role in a trial?

Answer 33

determine questions of law

Question 34

What are expert witnesses?

Answer 34

Called when the factual subject matter is beyond the scope of jurors

Question 35

How are witnesses called to court?

Answer 35

- subpoena | - failure to appear may result in contempt of court

Question 36

Criminal Court Procedures

Answer 36

- defendant can be either indicted or arrested - defendant must enter a plea at an arraignment - parties may agree to a “plea bargain" - Burden of proof is “beyond a reasonable doubt”

Question 37

definition of law

Answer 37

Requirements for human conduct applying to all persons within their jurisdiction

Question 38

Factors courts commonly apply in reaching decisions

Answer 38

– Fundamental notions of fairness – Custom or history involved – Command of a political entity – Best balance between conflicting societal interests

Question 39

What are the market failures?

Answer 39

– Public goods – Externalities – Natural monopolies – Information asymmetry

Question 40

Public Goods

Answer 40

Necessary and beneficial commodities that private entities will not supply because there is no incentive.

Question 41

Externality

Answer 41

- When the production or consumption of a good affects someone who does not fully consent to the effect - When the costs of the good are not fully incorporated in the price of the good

Question 42

Monopoly

Answer 42

When the fixed costs of providing a good are high relative to the variable costs of producing the good.

Question 43

Information Asymmetry

Answer 43

When the consumer is uninformed about the true value of a good

Question 44

What are the limits of the law?

Answer 44

- De minimis violations | - Protecting individual freedoms while preventing harm to others

Question 45

De novo

Answer 45

If substantial evidence lacking, court will conduct an entirely new trial.

Question 46

Stare decisis

Answer 46

– Opinions are binding on lower courts in the same jurisdiction and serve as precedent. – Reasons for deviating from precedent include factual distinctions and changing times or circumstances.

Question 47

Which amendment gives state authority to regulate?

Answer 47

Tenth Amendment

Question 48

T/F: State laws must bear a reasonable relationship to the public health, safety, and welfare.

Answer 48

T