Introduction To Law - Day 1

Front 1

Permitted Conduct: Certain act __ be done

Back 1

may

Front 2

Required Conduct: Certain acts __ be done

Back 2

must

Front 3

Prohibited Conduct: Certain acts __ be committed

Back 3

must not

Front 4

def. Right

Back 4

The capacity of a person, with the aid of the law, to reguire another person or persons to perform, or to refrain from performing, a certain act.

Front 5

def. Duty

Back 5

The obligation the law imposes upon a person to perform, or refrain from performing, a certain act.

Front 6

def. Substantive law

Back 6

creates, defines, and regulates legal rights and duties

Front 7

def. procedural law

Back 7

sets forth the rules for enforcing those rights that exists by reason of the substantive law

Front 8

t/f Does procedual law define the method by which to obtain a remedy in court?

Back 8

True

Front 9

def. Public law

Back 9

the branch of substantive law that deals with the government's rights and powers and its relationship to individuals or groups.

Front 10

Public law consists of __,__, and __ law.

Back 10

Constitutional, administrative and criminal

Front 11

def. Private law

Back 11

that part of substantive law governing individuals and legal entities (such as corporations in their relationships with one another

Front 12

t/f Business law primarily private law.

Back 12

True

Front 13

def. Civil law

Back 13

defines duties, the violation of which constitues a wrong against the party injured by the violation

Front 14

def. Criminal law

Back 14

establishes duties, the violation of which is a wrong against the whole community

Front 15

Is civil law a part of private law?

Back 15

Yes

Front 16

Is criminal law a part of public law?

Back 16

Yes

Front 17

The purpose of the civil law is to __ the injured party.

Back 17

Compensate

Front 18

The purpose of criminal law is to __ the wrongdoer.

Back 18

Punish

Front 19

What is the burden of proof in civil law?

Back 19

Preponderance of the evidence

Front 20

What is the burden of proof for criminal law?

Back 20

Beyond a reasonable doubt

Front 21

def. US Constitution

Back 21

Supreme law of the land

Front 22

t/f Although state constitution cannot deprive citizens of federal constitutional rights, it can guarantee rights beyond those provided in the US Constitution.

Back 22

True

Front 23

t/f State constitutions tend to be less specific than the US Constitution and amended less frequently.

Back 23

False

Front 24

Hierarchy of Law (9 elements)

Back 24

US Constitution, treaties/federal statutes, federal administrative law, federal common law, state constitution, state statues, state administrative law, state common law

Front 25

t/f No law, federal or state, is valid if it violates the federal Constitution.

Back 25

True

Front 26

t/f Under the principle of judicial review, the Supreme Court of the US determines the constitutionality of all laws.

Back 26

True

Front 27

def. Common law

Back 27

body of law developed by the courts that serves as a precedent for determination of later controversies

Front 28

Common law is also called __ law or __ law.

Back 28

Case, judge-made

Front 29

What is the latin translation for stare decisis?

Back 29

To stand by the decisions

Front 30

def. Stare decisis

Back 30

courts adhere to and rely on rules of law that they or superior courts relied on and applied in prior similar decisions.

Front 31

t/f Stare decisis allows sufficient flexibility for the common law to change.

Back 31

True

Front 32

def. Treaty

Back 32

an agreement between or among independent nations.

Front 33

__ law is the branch of public law that is created by administrative agencies in the form of rules, regulations, orders and decisions to carry out the regulatory powers and duties of those agencies.

Back 33

Administrative

Front 34

t/f Administrative laws deal with the controversies arising among individuals and these administrative public officials and agencies.

Back 34

True

Front 35

def. Equity

Back 35

body of law based on principles distinct from common law and providing remedies not available at law

Front 36

def. Executive orders

Back 36

laws issued by the president or by the governor of a state

Front 37

Sources of law categories (4)

Back 37

Constitutional, judicial, legislative, administrative

Front 38

Origin of Common

Back 38

judicial branch, through stare decisis

Statutory law

Front 39

Origin of statutory law

Back 39

legislative branch, through a formal lawmaking process

Front 40

Form of common law

Back 40

diffuse,in patterns of decided cases

Front 41

Form of statutory law

Back 41

Unified, in expressed language of codified text

Front 42

t/f Common law is reactive - i.e initiated by actual cases

Back 42

True

Front 43

t/f Statutory law is proactive - i.e. initiated by addressing any constitutionally permitted issue

Back 43

True

Front 44

What is the mutability of common and statutory law?

Back 44

For common laws, mutability is infrequent and happens through overruling. For statutory laws, mutability is common and happens through repeal.