Chapter 1 Test Review

What are enforceable rules of conduct in a society that reflect the culture and circumstances that create them called? ANSWER: Laws… Enforceable rules of conduct suggests what you can and cannot do, therefore are laws

2. What are laws organized into some form called 2. What are laws organized into some form called? In the US, what groups are these organized into? ANSWER: Code. US Codes include criminal codes, civil codes, business codes and more…

3. What type of legal system is based on the current standards of society or customs of the people? ANSWER: Common Law, which comes from England

What type of legal system is based on laws that are dictated from above or from some central authority figure? ANSWER: Positive Law, which was part of systems with a King, Queen or religious figure in charge of the government

5. What means “The power to decide a case” 5. What means “The power to decide a case”? (Why is this an important legal principle?) ANSWER: Jurisdiction, which gives power to localities or states to determine what laws reflect their own areas and what power the courts have to enforce laws

What was the name of the traveling court in early English Common law What was the name of the traveling court in early English Common law? (Why was this used?) ANSWER: Kings Court (Or Queens Court), which was used to settle disputes as there were no central courts formed yet as people could not travel easily

What legal term means “Basic Fairness” What legal term means “Basic Fairness”? (How is this applied in a common law system?) ANSWER: Equity, which is applied during a persons arrest, civil procedures or courts interpretation of the facts

What are the 2 great systems of law used in the world today What are the 2 great systems of law used in the world today? Where are each from and which is used most? ANSWER: Common Law and Civil Law: Common law from Britain and Civil Law from the Roman Empire. Civil law is stricter, no juries and uses legal interpretation of legal minds. Common law is based on the people.

What are laws created by elected officials called What are laws created by elected officials called? Local versions of this? ANSWER: Statutes, local version is Ordinances

What sets forth the framework of a government and its relationship to the people called? ANSWER: Constitution, which can be at a Federal or State level. Sets rules of conduct for laws

11. What means “between states” and what level of government hears disputes between states? ANSWER: Interstate (Intrastate means within a state). The Federal government hears disputes between states.

What are government bodies created to carry out particular laws called What are government bodies created to carry out particular laws called? (Examples?) ANSWER: Administrative Regulations, which are things like Social Security, the IRS or the DMV

12A. Does a government body have a right to limited judicial powers over the laws they govern? (Explain) ANSWER: Yes, as administrative agencies like the DMV have the right to suspend licenses or the IRS has the right to freeze bank accounts

12B. What levels of government are allowed to create bodies of laws 12B. What levels of government are allowed to create bodies of laws? ANSWER: ALL, including Federal, State, County and local governments. Depends on a vote and if the administrative body is deemed necessary for the locality

What branch of government creates “Case” law and how is this created? ANSWER: Judicial, and its created through court decisions and court appeals

What does it mean when a law is invalidated because is conflicts with a constitution? ANSWER: Its Unconstitutional, because it does not follow the written US Constitution or the State Constitution

14a. What type of laws oversee business issues in the US 14a. What type of laws oversee business issues in the US? Non-Business Issues? ANSWER: UCC- Business and Common Law- Non Business. UCC is the Uniform Commercial Code, which are business codes designed to regulate business activity

14b. What types of laws are considered to be against society 14b. What types of laws are considered to be against society? Why is this the case? ANSWER: Criminal, because all of society pays for criminal acts (Jails, Police, Courts). Its also a way to keep citizens safe

14c. What types of laws are considered to be against a person or business? Why is this the case? ANSWER: Civil (Or Tort), because civil laws are designed to protect a persons property or self from injury.

ANSWER: Tort, as civil or tort laws means the same thing In the United States, what other name is used for a Civil offense? ANSWER: Tort, as civil or tort laws means the same thing

What types of laws in the US have Procedural and Substantive rights for the defendant? ANSWER: ALL, including Criminal, Civil, UCC, Administrative, Constitutional or more..

16b. What is defined as dealing with the methods of enforcing a persons rights and duties? ANSWER: Procedural Laws, which include a defendants rights when arrested, court rights (Objections/Evidence) and right to appeal

What is defined as “defining” a person’s rights and duties? ANSWER: Substantive Laws, which include the “legal” definition of the act which was violated or Crime committed. It follows a written, legal definition of the law itself. Ex) Murder in the 3rd degree would be defined as murder without intent

ANSWER: Procedural Law What type of law is based on using a person’s Miranda rights as part of their defense? ANSWER: Procedural Law

ANSWER: Procedural Law What type of law is based on making legal objections during a trial or offering evidence “Properly” during a trial? ANSWER: Procedural Law

ANSWER: Substantive Law What type of law is based on charging a defendant with the right offense, including the degree ANSWER: Substantive Law

ANSWER: Stare Decisis, which is a Latin term What legal term is defined as the doctrine requiring lower courts to adhere to established case law in their decisions? ANSWER: Stare Decisis, which is a Latin term

What means to issue a court order to stop or allow a person or business from doing something? ANSWER: Injunction, which includes protection orders, stopping a business from tearing down a building or even stopping a person from building on their own property

What is created by appellate courts after a decision is made by the panel of justices? ANSWER: Opinion, which is written by “each” justice at the court appeal at the end of the appeal, no matter what side they choose as correct. Appeals contain no new evidence or testimony.

Who ultimately determines how the law is interpreted in the United States? ANSWER: The People, which is the essence of the Common Law system. (Roman Civil Law puts faith in trained legal minds)

25. What is the difference between the Criminal and the Civil process of law? ANSWER: Criminal means the defendant has the right to remain silent and it usually involves an arrest. Civil means you are “Served” papers that you are being sued and you have a right to answer that lawsuit before the trial starts.

“Test This Friday in Class?” Questions??? “Test This Friday in Class?”