ANSWERS.
Roles of Law (2) correct answers Dispute Resolution & Regulatory
Dispute Resolution Role correct answers settles difference between 2+ parties
Regulatory Role correct answers Gov. directs & standardizes business activity--fed, state,
local
Law correct answers abstract term--collection of rules and regulations that determines how
the gov will treat its citizens, how the citizens will treat the gov & other citizens, AND
enforcement
Enforcement leads to...(3) correct answers stability, predictability, uniformity
Source of Law correct answers Supreme law of US--Constitution, constitutional law
Statutory Law correct answers written down, found in statutes or codes
Executive Creation of Law (4) correct answers Executive Order: pres makes law w/out
congress permission
Appointment of Executive Officials: appoint people to agree with their views
Appointment of Judge: has to be approved by senate, helps president's legacy bc 20-30 years
Power of Veto
Judicial Creation of Law (3) correct answers Common Law: judge made, not written down,
BASED ON PRECEDENT
Interpretation of Statutes/Agency Law: judicial activism ("not what you meant... here's what
you meant") / Passive ("congress meant **** so Im going to interpret it as ***)
Judicial Review
Administrative Law: correct answers Federal & State Bureaucracy have own laws and rules
Federal Law correct answers national gov (treaty with Iran, SC cases, anything to do with
federal gov)
State Law correct answers anything state or local
Public Law correct answers government involved, anything to do with gov action/law
Private law correct answers doesnt involve gov. (divorce, suing)
Ex. OJ
found not guilty for public law, but guilty for the private, civil lawsuit
Civil Law: correct answers Not always easily distinguishable from Criminal
purpose is to reimburse or correct the problem
, Criminal Law correct answers Purpose is to punish
Substantive Law correct answers substance of the law; what they law actually is
Procedural correct answers what happens when you break it
Ex. Miranda warnings, if dont do it can say violation of procedural law
Legal Remedy correct answers monetary (normal; especially in civil case)
Equitable Remedy correct answers used when money does no good ie. court orders
What does the Constitution do? (3) correct answers -establishes branches of gov
-divides power between state and national
-Provides limited nat'l gov
Commerce Clause correct answers Congress has the power to regulate commerce with
foreign nations, among several states, and with indians--enumerated powers
Gibbons v. Ogden (John Marshall--believed in strong national power) correct answers
Steamboat travel btwn NJ & NY on state gave company right to use the Hudson, another
state gave another company the right, sue each other
if involves more than one state, it is a federal issue
Includes two states but does NOT have to include 2 states
NLRB v. Laughlin correct answers expands definition of interstate commerce--activity only
has to have substantial effect on interstate commerce
Wickard v. Filburn correct answers grew illegal wheat, said it affected interstate commerce
bc what if everyone grew their own wheat, would be no interstate commerce---Established
that interstate commerce can be based on aggregate effect of commerce when nationally
significant
McClain v. Real Estate Board of New Orleans correct answers interstate commerce can be
purely local if it "substantially affects interstate commerce"
McCulloch v. Maryland correct answers Maryland taxed banks and sent to U.S. who refused
to pay, Maryland sued, said they have the right to tax the federal government because the
constitution doesnt say that they cant. --nat'l gov can do whatever is necessary & proper to
carry out enumerated powers--have inherent power---GREATLY EXPANDED POWER
Civil War correct answers Lincoln took more power than usual bc it was necessary and
proper
Civil Rights correct answers Country said they had states' rights & dont have to adhere to the
ruling of Brown v. Board