BLAW 2301 Betanzos Exam 1 (Ch. 1, 2 & 4-9) Key Terms Questions and Answers
What is a Law?
The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.
Is Everything in Law Black and ...
What is a Law? - answer The system of rules which a particular country or
community recognizes as regulating the actions of its members and which it may
enforce by the imposition of penalties.
Is Everything in Law Black and White? - answer Nope. There is tension in the law,
there is always the need for stability and/or change, and that is why there is a reason for
the existence of judiciary entities.
What is the role of the US Constitution? - answer It establishes Congress, the
Presidency, and Courts (branches of government), it gives to states powers not given to
Federal government, and it guarantees basic rights to all citizens.
What do State Constitutions do? - answer They create state executive, legislative &
judicial systems.
What are statutes? - answer A written law passed by a legislative body, either on a
federal or state level.
What is Common Law? - answer A body of unwritten laws based on legal precedents
established by the courts. Common law influences the decision-making process in
unusual cases where the outcome cannot be determined based on existing statutes or
written rules of law.
What is the Doctrine of Stare Decisis? - answer a Latin term meaning "to stand by
that which is decided. Basically, it is a legal doctrine that obligates courts to follow
historical cases when making a ruling on a similar case. ... Simply put, it binds courts to
follow legal precedents set by previous decisions.
What is Administrative Law? - answer Law created by agencies; the body of law that
regulates the operation and procedures of government agencies (usually in the
executive branch).
What are court orders? - answer A direction issued by a court or a judge requiring a
person to do or not do something.
What is equity? - answer The principle that courts may issue rulings such as
injunctions to provide an equitable remedy.
, What is the difference between Criminal Law and Civil Law? - answer Criminal Law:
Dangerous behavior outlawed by society, government prosecutes accused, guilt is
determined, and punishment or fine is imposed. Civil Law: Regulates rights and duties
between parties, victim, not government brings suit, guilt not determined, compensation,
or equitable relief, is ordered.
What is a plaintiff and what is a defendant? - answer Plaintiff: a person who brings a
case against another in a court of law. Defendant: an individual, company, or institution
sued or accused in a court of law.
Why is the law important? - answer We depend upon the law to give us a stable
nation and economy, a fair society, a safe place to live and work. ...But while law is a
vital tool for crafting the society we want, there are no easy answers about how to
create it.
What are ethics? - answer Moral principles that govern a person's behavior or the
conducting of an activity.
Is it possible for an ethical action to be illegal, and for a legal action to be unethical? -
answer Yes! Ex of an ethical action being illegal: Assisted Suicide for someone in
Terminal Condition. Ex of a legal action that is unethical: Martin Shkreli raising prices on
exclusive medicine.
Why should we as a society be ethical? - answer Society as a whole benefits by
encouraging economic competition; no one wants to compete with unfair competitors,
people feel better when they behave ethically, and unethical behavior can be costly.
What is the cost of a lost reputation?
What are the four theories of ethics? - answer 1.) Utilitarian Ethics - Utilitarianism is a
family of consequentialist ethical theories that promotes actions that maximize
happiness and well-being for the majority of a population.
2.) Deontological Ethics - a type of ethics that judges actions based on whether they
follow certain rules. It is sometimes described as "duty" or "obligation" or "rule" -based
ethics, because rules "bind you to your duty".
3.) Rawlsian Justice - dictates that society should be structured so that the greatest
possible amount of liberty is given to its members, limited only by the notion that the
liberty of any one member shall not infringe upon that of any other member.
4.) Moral Universalism vs. Relativism - The argument on whether or not there are
universal moral codes or they are arbitrarily constructed based on culture.
What are a few catalysts for ethical traps? - answer Money, Competition,
Rationalization, The lack of objectivity towards ourselves, Conflicts of Interest,
Conformity, "Following Orders", Euphemisms & Refraining, Being lost in a crowd, Short-
term perspective, and Blind Spots.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Pogba119. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $11.49. You're not tied to anything after your purchase.
