What is the law? correct answers A body of rules and conduct prescribed by controlling authority and having binding legal effect
Law is prescribed by whom? correct answers Separation of Powers
What is the separation of powers? correct answers Three branches of government, whose rights are der...
MGMT 200: Quiz 1 || 100% SOLVED SOLUTIONS.
What is the law? correct answers A body of rules and conduct prescribed by controlling
authority and having binding legal effect
Law is prescribed by whom? correct answers Separation of Powers
What is the separation of powers? correct answers Three branches of government, whose
rights are derived from the Constitution
What are the three branches of government, the rights of each branch? correct answers
Executive: President has treaty power
Legislative: Congress can legislate in certain areas
Judiciary: can create law through court decisions
Who determines whether a law has "binding legal effect"? correct answers Judicial Review
Examples of law changing and adjusting with changing social norms correct answers -
affirmative action
- role of women
- Plessy v. Ferguson
- intellectual property law
- international law
- environmental law
- internet
corporate and financial meltdowns
Common Law correct answers - English
- equity before the law
- respect for established rights
- impartial administration of justice
History of Common Law correct answers - William the Conqueror combined Norman civil
law (influenced by France and Ancient Rome) with law of England
King's Court correct answers - civil and criminal legal matters
- dealt monetary damages
- known as the Court of Law
Chancellor Court correct answers - Court of Equity
- Judges determine solutions
- e.g. give possessions back
English Source of US Law correct answers - Common Law characteristics
- King/Chancellor Court combined
- Precedents established for future judgments
Federalism correct answers Union of states under federal government
What is the foundation of all US laws? correct answers the Constitution
,What are the different sources of law? correct answers - Constitution
- Executive Orders
- Treaties
- People's Initiatives
- Legislative
- Law by Courts
Stare Decisis correct answers - mandate that inferior courts follow decision of superior courts
- only a higher court can overrule a lower court
- horizontal courts MAY CONSIDER earlier precedent, but horizontal decisions NOT
BINDING
- provides stability and predictability to legal system
Marbury v. Madison correct answers The Supreme Court has the right to determine the
meaning of the Constitution.
The Court has the power to conduct judicial review of Congress.
Alternate references for term common law correct answers - Case Law (judge made law)
- Unwritten Law (inherited traditions and rules)
- a system inherited from England
Stare Decisis Application Test correct answers - Jurisdiction Issues
- Similarity of Facts
- Currency
--- Changes in cultural values
--- Changes in scientific knowledge
An example of stare decisis being overturned due to change in cultural values correct answers
- Brown v. Board of Education overturned in Plessy v. Fergusson
- Citizens United v. Federal Election Commission overruled Austin v. Michigan Chamber of
Commerce
How to Apply Stare Decisis correct answers 1. Facts identical to those of previous decided
case (Argue the Law.)
2. If the facts are not the same, and the underlying rationale doesn't apply, distinguish the
cases and limit rule of old case (Argue the Facts.)
3. If the facts are different, but the underlying rationale makes sense, extend rule of old case
(Argue the Policy.)
4. If the facts are identical, but underlying rationale doesn't apply, overrule the previous
precedent (Argue the Change Based on New Sciences or Values.)
How to Cite a Case to the Court (Cite a case where...) correct answers 1. ... the trial court
sided with opponent and was reversed by appellate court.
2. ... the trial court sided with you and was affirmed by appellate court.
, 3. ... where dicta helps
4. ... trial court sided with opponent, but the facts were different
Plessy v. Ferguson correct answers - Upheld segregation in public facilities "separate but
equal"
Brown v. Board of Education correct answers - Overruled Plessy v. Ferguson
- No more "separate but equal" in state-run education
Citizens United v. Federal Election Commission correct answers - 1st Am. prohibits
government restricting independent political contributions by organizations
- Overruled Austin v. Michigan Chamber of Commerce
Federal Law correct answers - national in origin
- consistent w/ Constitution
- supreme over state law
- exclusive in international affairs
- comes from legislative, executive, judicial branch
State Law correct answers - Ordinary affairs of citizens (contract, tort, criminal law)
- local laws (counties, cities)
Civil Law correct answers body of law, both federal and state that pertains to civil or private
rights enforced by civil actions. (Contracts, torts, etc.)
- concerns rights and duties b/w parties
--- action brought by one person for damages caused by other
Criminal Law correct answers - body of statutory law that declares what conduct is criminal
and prescribes penalties for its commission
- concerns crime and punishment
--- action brought by state/fed gov
Public Law correct answers - body of law directly concerned with public rights and
obligations
- constitutional, administrative, criminal, international
Private law correct answers - body of law regulating rights and duties existing b/w private
persons/corporations. Rights/duties created by affected parties
- contracts
International law correct answers - governing relations b/w sovereign nations
- can be criminal
- trade, travel, violence
- limited enforcement mechanisms
Domestic law correct answers law of a particular sovereign nation
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