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LOMA 311 EXAM {388} QUESTIONS WITH VERIFIED ANSWERS
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LOMA 311 EXAM {388} QUESTIONS WITHVERIFIED ANSWERS
The Constitution - ANSWER establishes fundamental principles that dictate the
powers and obligations of the government and the rights of citizens.
Statutes - ANSWER Laws passed by the legislative branch of government.
Typically declares, commands, or prohibits something
Administrative Regulations - ANSWER Rules or orders issued by agencies under
the executive branch of government (explain how to follow legislation). The
Executive Branch is made up of various departments known as Administrative
Agencies, which are in charge of implementing specific areas of the law.
Legislative Branch - ANSWER one or more legislative bodies that pass laws to
regulate jurisdiction.
The Executive Branch - ANSWER is made up of several agencies or ministries that
administer, enforce, and carry out the jurisdiction's laws.
Judicial Branch - ANSWER comprises systems of courts that apply and interpret
laws.
Parliamentary Democracies - ANSWER: The legislative branch (parliament) has
ultimate authority to make all laws - other countries, no USA
Federal System - ANSWER A federal government and several lower-level
governments share power.
,Code - ANSWER All laws passed by each legislative body are gathered and
structured into a set of laws.
Administrative Law is made up of regulations, which are rules or orders issued by
administrative agencies with the same force and effect as statutes.
Substantive laws establish, define, and control legal rights and duties.
Procedural Laws - ANSWER specify the means used to enforce substantive laws.
Case types over which each court has authority.
Jurisdiction - ANSWER Geographical Area of Legal Authority
Common Law System - ANSWER: Based on English common law. Common
Laws address issues based on local conventions. The courts established and
followed an unwritten collection of broad legal concepts and regulations.
1. The court considers written law (statutes and regulations).
2. If no statutes or regulations apply, adopt the doctrine of stare decisis by
following precedents.
3. If no precedents apply, then use general principles of common law.
Doctrine of Stare Decisis - ANSWER: When a court determines that a specific
legal principle applies to a specific set of facts, that principle is applied to all future
cases in which the facts are substantially the same. A precedent refers to a previous
case's decision. The precedent remains in effect unless a court overturns it or a
statute is adopted that alters the legal theory that underpins the precedent.
Civil Law System - ANSWER Based on the Roman legal system, laws are codified
into written codes passed by the legislature. Civil Code-general legal concepts that
govern interpersonal connections formed by birth, adoption, marriage, death,
contracts, and personal liability. Decisions are made using the jurisdiction's codes
for applicable norms of law. If no code covers the matter at hand, the court decides
the question under the general principles of law established in the appropriate code.
1. The court looks to the applicable code.
,2. If there is no code, the court will apply the general principles of law outlined in
the appropriate code
3. The court will be influenced by its own earlier decisions as well as the decisions
of higher courts on similar topics.
Mixed Legal Systems - ANSWER incorporates aspects from more than one
fundamental form of legal system. This applies to the vast majority of countries.
Customary Law System - ANSWER Members of a community have acknowledged
local customs as binding on them.
The State Court System - ANSWER contains a variety of trial courts. Each is
presided over by a judge. Have two appellate courts: the Supreme Court, which has
the jurisdiction to review lower appellate court rulings, and the Court of Appeals.
The federal court system comprises three tiers.
1. District courts exist in all states and territories. Act as trial courts with the
authority to consider just certain sorts of cases as outlined in the Constitution and
different federal legislation.
2. Circuit Courts of Appeal: thirteen. Hear instances in which a district court ruling
is appealed by someone during the trial.
The Supreme Court - ANSWER only handles appeals from lower courts and cases
involving state or international officials. Usually involve a subject of national
interest, the US Constitution, or lower courts have reached conflicting conclusions.
Federal courts have authority over all cases involving ambassadors, public
ministers, and consuls.
• Case involving admiralty and maritime jurisdiction
, • Controversies involving the United States
• Conflicts involving two or more states
• Conflicts between a state and people of another state
• Controversies among people of various states
• Disputes between inhabitants of the same state claiming territories under gifts
from separate states
• Conflicts between a state and its international counterparts, citizens, or subjects.
Ethics is a set of accepted standards of behavior and moral judgment that
incorporates elements of honesty, integrity, and fair treatment. Acting ethically
entails maintaining promises to consumers, functioning responsibly, treating
customers and employees fairly, and keeping confidential information private.
Corporate culture refers to the values, beliefs, goals, and behavioral patterns that an
organization's employees share.
Civil laws are concerned with private, non-governmental rights and remedies.
Public law refers to areas of law that influence the public interest and control
relationships between government and non-government entities.
Private law refers to areas of law that largely involve disputes between
non-governmental parties.
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