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PSCI 1101 - The Judiciary exam with complete solutions.
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PSCI 1101 - The Judiciary exam with complete solutions.
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PSCI 1101 - The Judiciary exam withcomplete solutions
What is the rule of precedent ? - ANSWER-A court case that furnishes an example or
authority for deciding subsequent cases involving identical or similar facts and legal
issues
•Aka Stare Decisis ("to stand on decided cases")
What is Statre Decisis and how is it related to precedent ?
**Precedent can be used interchangeably with Stare. - ANSWER-EX:
For example, if the Supreme Court of Georgia holds that a state law requiring
candidates for state office to pass drug tests is unconstitutional, that decision will control
the outcome of future cases on that issue brought before the state courts in Georgia.
What is a departure from precedent ? why does it happen give and example ? -
ANSWER-Sometimes the court will depart from the rule of precedent if it decided that
the precedent is simply incorrect or that technological or social changes have rendered
the precede inapplicable.
EX: Brown v. Board of Education
separate educational facilities for African Americans had been upheld as constitutional
in many earlier cases under the "separate-but-equal" doctrine
What is the primary sources of law - ANSWER-source of law that establishes the law.
EX: Primary sources of law include constitutions, statutes, administrative agency rules
and regulations, and decisions rendered by the courts.
What is Constitutional law? given an example - ANSWER-•The U.S. government and
each of the fifty states have separate written constitutions that set forth the general
organization, powers, and limits of their respective governments.
•Constitutional law consists of the rights and duties set forth in these constitutions
EX: The U.S. Constitution is the supreme law of the land.
, What is Statutory Law ? give an example - ANSWER-Body of law enacted by
legislatures.
•Federal statutes—laws enacted by the U.S. Congress—apply to all of the states.
State statutes—laws enacted by state legislatures—apply only within the state that
enacted the laws.
EX: Colorado weed law
abortion law
What is Administrative Law? give an example - ANSWER-•Rules, regulations, orders,
and decisions of administrative agencies.
At the federal level, Congress creates executive agencies, such as the Food and Drug
Administration or the Environmental Protection Agency, to perform specific functions.
EX: or example, almost all of a business's operations are subject to government
regulation. These include the firm's capital structure and financing, its hiring and firing
practices, its relations with employees and unions, and the way it manufactures and
markets its products.
What is a Case Law ? give an example - ANSWER-•Rules of law announced in court
decisions
•Even though a legislature passes a law to govern a certain area, how that law is
interpreted and applied depends on the courts. The importance of case law, or judge-
made law, is one of the distinguishing characteristics of the common law tradition.
What is Civil Law ? Give an example ? - ANSWER-Civil law spells out the duties that
individuals in society owe to other persons or to their governments, excluding the duty
not to commit crimes.
EX: Typically, in a civil case, a private party sues another private party
What is criminal law ? Give an example - ANSWER-defines and governs actions that
constitute crimes. Generally, criminal law has to do with wrongful actions committed
against society for which society demands redress.
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