JOMC 486 Quiz #1 with 100% Correct Answers

JOMC 486 Quiz #1 with 100% Correct Answers What are the major sources of American law in addition to statues? (Name 4) -Answer-- constitutions -common law -administrative regulations -executive orders What is the main responsibility of Congress and state legislatures? -Answer-to enact laws/statues The U.S. constitution and the laws passed in accordance with it are the supreme law of the law and take precedence over any ________ constitutions or laws. -Answer-state For Congress or a state legislature to pass a law, it must comply with procedures set forth in the relevant ______________. -Answer-constitution Simply complying with the procedural requirements DOES/DOES NOT guarantee that a statue is constitutional. -Answer-does not The job of deciding whether a statue is constitutional or not rests with the _________ branches of the state and federal governments. -Answer-judicial Define Judicial Review. -Answer-The process by which the judicial branches of state and federal governments decide whether statues (or administrative regulations or executive orders) are constitutional. The U.S. Constitution DOES/DOES NOT specifically authorize the judicial branch to pass on the constitutionality of laws. -Answer-does not The authors of the Constitution expected the ________ to pass on the constitutionality of the laws Congress passed. -Answer-courts A __________ challenge means that the complaining party is arguing the language of the statue, on its face, makes it unconstitutional. -Answer-facial An _______________ challenge contends that even if the statue can be constitutionally applied in some cases, it was not constitutional to apply it to the complaining party in this particular instance. -Answer-as-applied T/F. Courts at all levels try to avoid finding statues unconstitutional. -Answer-True Common law is sometimes considered _______-made law -Answer-judge Common law IS/IS NOT written down like statues are. -Answer-is not Judges discover what the common law is by examining _________ cases and then deriving from those earlier cases legal principles they can use to decide the case before them. -Answer-previous Earlier cases that judges use and look at are called ____________. -Answer- precedents Describe stare decisis. -Answer-When a judge looks at a precedent and decides the case before them(the current case) in the same way that the earlier case was decided. T/F. If the new case differs in an important way from the precedent, the judge may distinguish the two and render a different decision from that of the precedent. -Answer- true If customs and practices have changed sufficiently from the day when the precedent was established, judges may _________ the earlier case. -Answer-overrule Administrative regulations are created by administrative agencies established by the legislature to handle specific issues. Give an example of an administrative agency that Congress created. -Answer-the Federal Trade Commission The Federal Trade Commission handles matters related to antitrust and deceptive _________. -Answer-advertising Congress gave the FTC the power to issue regulations regarding the matters within their jurisdiction. So, the FTC can issue regulations regarding deceptive ____________. -Answer-advertising Presidents and others do not have the power to write laws; only _________ can do that. -Answer-legislatures But, presidents and others may have discretion over how ____ shall be implemented. - Answer-laws T/F. Executive orders are usually instructions from the president, governor, or mayor... to subordinates ....on how to carry out their duties. -Answer-true An executive order of classification tells workers of the ______ government what information should be classified and how it should be handled. -Answer-federal The executive order of classification itself doesn't affect ordinary citizens, but __________ has passed laws criminalizing the unlawful receipt and disclosure of classified information by people outside the government. -Answer-congress Both federal and state courts consist of 3 levels. Name the 3 levels. -Answer-1. trial courts 2. intermediate appellate courts 3. a highest appellate court T/F. Federal and state courts operate independently. -Answer-true When a case involves the violation of a federal law or a civil claim under federal law, it will go to a ________ court. -Answer-federal Many media law cases wind up in federal courts under the "diversity of citizenship" doctrine because media regularly reaches across _______ lines. -Answer-state At the lowest level are trial courts. In the federal system, they are called ______ courts. -Answer-district Federal district courts are courts of first impression or original jurisdiction. Judges or jurors hear __________ and decide civil and criminal cases. -Answer-evidence Every state has at least one judicial district. Those are broken down into district court judgeships, and the number of judges assigned to those districts _______ state by state. -Answer-varies In Nebraska, trial courts are called _______ courts. -Answer-district Nebraska has ___ judicial districts and ___ district court judgeships. -Answer-12; 55 In both federal and state systems, these district courts are the _________ courts having the authority to hear and decide almost any kind of case. -Answer-lowest Both systems have other courts, with more _________ jurisdictions, that hear less important cases or special types of cases. -Answer-limited