Questions and All Correct Answers.
Sources of Law - Answer US Constitution
State Constitutions
Federal and State Statutes
Ordinances
Administrative Agency Rules and Regulations
Executive Orders
Judicial Decisions by Federal and State Courts
What is Law? - Answer consists of rules that regulate the conduct of individuals, businesses,
and other organizations within society
Law - Answer a body of rules of action or conduct prescribed by controlling authority, and
having binding legal force
Functions of Law - Answer Keeping peace
Shaping moral standards
Promoting social justice
Maintaining status quo
Facilitating orderly change
Facilitating planning
Providing compromise
Maximizing individual freedom
Fairness of the Law - Answer the American legal system is one of the most comprehensive,
fair, and democratic systems of law ever developed and enforced
Standefer v. United States - Answer the Supreme Court affirmed the criminal conviction of a
Gulf Oil Corporation executive for aiding and abetting the bribery of an Internal Revenue Service
agent. The agent was acquitted in a separate trial
Flexibility of the Law - Answer U.S. law evolves and changes along with the norms of society,
technology, and the growth and expansion of commerce in the United States and the rest of the
world
,Plessy v. Ferguson (1986) - Answer the Supreme Court held that the "separate but equal"
state law did not violate the Equal Protection Clause of the Fourteenth Amendment
Brown v. Board of Education (1954) - Answer unanimously, the Supreme Court reversed prior
precedent and held that the separate but equal doctrine violated the Equal Protection Clause of
the Fourteenth Amendment to the Constitution
Roe v. Wade (1973) - Answer gave women the constitutional right to an abortion
Jurisprudence - Answer the philosophy or science of the law
Legal Philosophies - Answer The Natural Law School
The Historical School
The Analytical School
The Sociological School
The Command School
The Critical Legal Studies School
Natural Law School - Answer the law is based on what is "correct"; emphasize a moral theory
of law
EX: U.S Constitution, the Magna Carta, and the United Nations Charter
Moral Theory of Law - Answer law should be based on morality and ethics; choosing between
good and evil
Historical School - Answer the law is an aggregate of social traditions and customs that have
developed over the centuries; it believes that changes in the norms of society will gradually be
reflected in the law; evolutionary process
EX: Precedent Cases
Analytical School - Answer the law is shaped by logic; emphasis is on the logic of the result
rather than on how the result is reached
Sociological School - Answer the law is a means of achieving and advancing certain
sociological goals; unlikely to adhere to past law as precedent
Realists - Answer followers of the Sociological School; believe that the purpose of law is to
shape social behavior
, Command School - Answer the law is a set of rules developed, communicated, and enforced
by the ruling party rather than a reflection of the society's morality, history, logic, or sociology;
law changes when the ruling class changes
Critical Legal Studies School - Answer legal rules are unnecessary and are used as an obstacle
by the powerful to maintain the status quo; subjective decision making by judges would be
permitted
Crits - Answer critical legal theorists who argue that legal disputes should be solved by
applying arbitrary rules that are based on broad notions of what is "fair" in each circumstance
Law and Economics - Answer believes that promoting market efficiency should be the central
concern of legal decision making
Common Law (English Common Law) - Answer law developed by judges who issued their
opinions when deciding a case; divided into cases decided by the law court, equity court, and
merchant court
Law Court - Answer judges were charged with administering the law in a uniform manner in
courts
Court of Chancery (Equity Court) - Answer inquired into the merits of the case
Equitable Remedies - Answer remedies were shaped to fit each situation
Merchant Court - Answer certain rules developed to solve their commercial disputes; based
on common trade practices and usage
Constitution of the United States of America - Answer "living document" the supreme law of
the land; any law that conflicts with the Constitution is unconstitutional and unenforceable;
principles are extremely broad to adjust to evolving social, technological, and economic
conditions; establishes the structure of the federal government
Legislative (Congress) - Answer power to make (enact) the law
Executive (President) - Answer power to enforce the law
Judicial (Courts) - Answer power to interpret and determine the validity of the law