LOMA 371 COMPREHENSIVE EXAM
QUESTIONS AND CORRECT ANSWERS
STUDY GUIDE
●● Statutes
Answer: Laws enacted by legislative branch of gov't. Typically declare,
command or prohibit something
●● Administrative Regulations
Answer: Rules or orders adopted by agencies with executive branch of
gov't (explain how to follow laws). Executive Branch consists of variety
of depts-Administrative Agencies-responsible for administering specific
aspects of law.
●● Legislative Branch
Answer: one or more legislative bodies that enact laws to govern
jurisdiction
●● Executive Branch
Answer: consists of a number of agencies or ministries that administer,
enforce or carry out the jurisdiction's laws.
●● Judicial Branch
,Answer: consists of systems of courts responsible for applying and
interpreting laws
●● Parliamentary Democracies
Answer: legislative branch (parliament) has ultimate authority of making
all laws - other countries no USA
●● Federal System
Answer: a federal gov't and a number of lower level governments share
powers (USA is a federation of 50 states).
●● Code
Answer: All laws enacted by each legislative body compiled and
organized into a collection of laws.
●● Regulations
Answer: rules or orders issued by administrative agencies and have same
force and effect as statues - make up Administrative Law.
●● Substantive Laws
Answer: create, define and regulate legal rights and duties.
●● Procedural Laws
,Answer: define methods that exist to enforce substantive laws. Types of
case each court has jurisdiction to heat.
●● Jurisdiction
Answer: geographic area of legal authority
●● Common Law System
Answer: Based on the common law of England. Common Laws resolve
disputes in accordance with customs of local area. An unwritten body of
general principles and rules of law developed and followed by the
courts.
1. Court looks at written law (statues & regulations)
2. If not statues/regs apply, then apply doctrine of stare decisis by
following precedents.
3. If no precedents apply, then apply general principles of common law
●● Doctrine of Stare Decisis
Answer: when court finds a specific principle of law applies to a certain
set of facts, the court will apply that principle to all future cases in which
facts are substantially the same. Decision in a prior case is known as a
precedent. Precedent remains in force until court overturns the precedent
or statute is enacted that changes the legal principle that underlies the
precedent.
●● Civil Law System
, Answer: based on Roman legal system which laws are codified into
written codes enacted by legislature. Civil Code-general principles of
law that apply to relationships between people that arise from birth,
adoption, marriage, death, contracts and personal liability. Decisions
made based on jurisdiction's codes for applicable rules of law. If no code
covers subject at issue, court decides issue in accordance with general
principles of law that are set in applicable code.
1. Court looks to applicable code
2. If no code, then court applies general principles of law set out in
applicable code
3. Court will be influenced by own prior decisions and decisions of
higher courts on similar issues.
●● Mixed Legal Systems
Answer: contain elements of more than one basic type of legal system.
This is most countries.
●● Customary Law System
Answer: members of a community have accepted local customs as
binding on community's members.
●● State Court System
Answer: includes variety of trial courts. Each presided over by a judge.
Have two appellate courts: Supreme Court-has authority to review
decisions of lower appellate court, Court of Appeal.
QUESTIONS AND CORRECT ANSWERS
STUDY GUIDE
●● Statutes
Answer: Laws enacted by legislative branch of gov't. Typically declare,
command or prohibit something
●● Administrative Regulations
Answer: Rules or orders adopted by agencies with executive branch of
gov't (explain how to follow laws). Executive Branch consists of variety
of depts-Administrative Agencies-responsible for administering specific
aspects of law.
●● Legislative Branch
Answer: one or more legislative bodies that enact laws to govern
jurisdiction
●● Executive Branch
Answer: consists of a number of agencies or ministries that administer,
enforce or carry out the jurisdiction's laws.
●● Judicial Branch
,Answer: consists of systems of courts responsible for applying and
interpreting laws
●● Parliamentary Democracies
Answer: legislative branch (parliament) has ultimate authority of making
all laws - other countries no USA
●● Federal System
Answer: a federal gov't and a number of lower level governments share
powers (USA is a federation of 50 states).
●● Code
Answer: All laws enacted by each legislative body compiled and
organized into a collection of laws.
●● Regulations
Answer: rules or orders issued by administrative agencies and have same
force and effect as statues - make up Administrative Law.
●● Substantive Laws
Answer: create, define and regulate legal rights and duties.
●● Procedural Laws
,Answer: define methods that exist to enforce substantive laws. Types of
case each court has jurisdiction to heat.
●● Jurisdiction
Answer: geographic area of legal authority
●● Common Law System
Answer: Based on the common law of England. Common Laws resolve
disputes in accordance with customs of local area. An unwritten body of
general principles and rules of law developed and followed by the
courts.
1. Court looks at written law (statues & regulations)
2. If not statues/regs apply, then apply doctrine of stare decisis by
following precedents.
3. If no precedents apply, then apply general principles of common law
●● Doctrine of Stare Decisis
Answer: when court finds a specific principle of law applies to a certain
set of facts, the court will apply that principle to all future cases in which
facts are substantially the same. Decision in a prior case is known as a
precedent. Precedent remains in force until court overturns the precedent
or statute is enacted that changes the legal principle that underlies the
precedent.
●● Civil Law System
, Answer: based on Roman legal system which laws are codified into
written codes enacted by legislature. Civil Code-general principles of
law that apply to relationships between people that arise from birth,
adoption, marriage, death, contracts and personal liability. Decisions
made based on jurisdiction's codes for applicable rules of law. If no code
covers subject at issue, court decides issue in accordance with general
principles of law that are set in applicable code.
1. Court looks to applicable code
2. If no code, then court applies general principles of law set out in
applicable code
3. Court will be influenced by own prior decisions and decisions of
higher courts on similar issues.
●● Mixed Legal Systems
Answer: contain elements of more than one basic type of legal system.
This is most countries.
●● Customary Law System
Answer: members of a community have accepted local customs as
binding on community's members.
●● State Court System
Answer: includes variety of trial courts. Each presided over by a judge.
Have two appellate courts: Supreme Court-has authority to review
decisions of lower appellate court, Court of Appeal.
