CLEMSON LAW 3220 TEST 1 QUESTIONS
WITH CORRECT ANSWERS 2026-2027
What are the three key functions of the legal system? - CORRECT ANSWER -
1) influencing behavior
2) conflict behavior
3) social stability and change
may be viewed asEa collection of rules or principles that limit and direct human behavior -
CORRECT ANSWER -law
damages designed to punish; keep them from doing it again - CORRECT ANSWER -
punitive damages
What is the fundamental law of the land? - CORRECT ANSWER -U.S. Constitution
What establishes the legislative, executive and judicial branches of government? -
CORRECT ANSWER -U.S. Constitution
What branch of government writes the law? - CORRECT ANSWER -legislative branch
who creates statutory law? - CORRECT ANSWER -legislature
What does statutory law consist of? - CORRECT ANSWER -
federal laws, state laws, and municipal laws
Who creates a statute? - CORRECT ANSWER -Congress
,Who makes regulations? - CORRECT ANSWER -agencies
Where did common law originate from? - CORRECT ANSWER -the English
who interprets decisions and applies the laws? - CORRECT ANSWER -judiciary
systematic way to change law - CORRECT ANSWER -common law
legal principle from cases is called... - CORRECT ANSWER -precedent
"looking backEthrough precedents" or the use of this precedent is called... - CORRECT ANSWER -
Stare Decisis
if there is a new issues the judge does what? - CORRECT ANSWER -makes a new law
true or false: common law varies by state - CORRECT ANSWER -true
What is the first question when we talk about a case? - CORRECT ANSWER -why is it in the book?
Davis v. Baugh Industrial Contractors, Inc. is an example of how... - CORRECT ANSWER -
common law changes
What was held in the Davis v. Baugh Industrial Contractors, Inc. case? - CORRECT ANSWER -
reversed and remanded. court rejected previous common law rule and accepted a more modern
approach.
, whatEis the process of the judiciary system? - CORRECT ANSWER -
trial court > courtEof appeals > supreme court
the President can create law through... - CORRECT ANSWER -executive orders
executive orders are limited to... - CORRECT ANSWER -federal agencies
what are the 3 classifications of law? - CORRECT ANSWER -1) public/private
2) civil/criminal
3) substantive/procedural
what type of law isElegal relationships between members of society and the government? -
CORRECT ANSWER -public law
what type of law isElegal relationships among members of society? - CORRECT ANSWER -
private law
what type of law states that the guilty can be fined, imprisoned, or both? - CORRECT ANSWER -
criminal law
"beyond reasonable doubt" is a legal requirement for which type of law? - CORRECT ANSWER -
criminal law
whatEtype of law isEwhen the wrongdoer pays money, butEno jail time? - CORRECT ANSWER -
civil law
"preponderance of the evidence" is alsoEknown as... - CORRECT ANSWER -civil burden of proof
WITH CORRECT ANSWERS 2026-2027
What are the three key functions of the legal system? - CORRECT ANSWER -
1) influencing behavior
2) conflict behavior
3) social stability and change
may be viewed asEa collection of rules or principles that limit and direct human behavior -
CORRECT ANSWER -law
damages designed to punish; keep them from doing it again - CORRECT ANSWER -
punitive damages
What is the fundamental law of the land? - CORRECT ANSWER -U.S. Constitution
What establishes the legislative, executive and judicial branches of government? -
CORRECT ANSWER -U.S. Constitution
What branch of government writes the law? - CORRECT ANSWER -legislative branch
who creates statutory law? - CORRECT ANSWER -legislature
What does statutory law consist of? - CORRECT ANSWER -
federal laws, state laws, and municipal laws
Who creates a statute? - CORRECT ANSWER -Congress
,Who makes regulations? - CORRECT ANSWER -agencies
Where did common law originate from? - CORRECT ANSWER -the English
who interprets decisions and applies the laws? - CORRECT ANSWER -judiciary
systematic way to change law - CORRECT ANSWER -common law
legal principle from cases is called... - CORRECT ANSWER -precedent
"looking backEthrough precedents" or the use of this precedent is called... - CORRECT ANSWER -
Stare Decisis
if there is a new issues the judge does what? - CORRECT ANSWER -makes a new law
true or false: common law varies by state - CORRECT ANSWER -true
What is the first question when we talk about a case? - CORRECT ANSWER -why is it in the book?
Davis v. Baugh Industrial Contractors, Inc. is an example of how... - CORRECT ANSWER -
common law changes
What was held in the Davis v. Baugh Industrial Contractors, Inc. case? - CORRECT ANSWER -
reversed and remanded. court rejected previous common law rule and accepted a more modern
approach.
, whatEis the process of the judiciary system? - CORRECT ANSWER -
trial court > courtEof appeals > supreme court
the President can create law through... - CORRECT ANSWER -executive orders
executive orders are limited to... - CORRECT ANSWER -federal agencies
what are the 3 classifications of law? - CORRECT ANSWER -1) public/private
2) civil/criminal
3) substantive/procedural
what type of law isElegal relationships between members of society and the government? -
CORRECT ANSWER -public law
what type of law isElegal relationships among members of society? - CORRECT ANSWER -
private law
what type of law states that the guilty can be fined, imprisoned, or both? - CORRECT ANSWER -
criminal law
"beyond reasonable doubt" is a legal requirement for which type of law? - CORRECT ANSWER -
criminal law
whatEtype of law isEwhen the wrongdoer pays money, butEno jail time? - CORRECT ANSWER -
civil law
"preponderance of the evidence" is alsoEknown as... - CORRECT ANSWER -civil burden of proof
