2 roles of law correct answers 1. dsipute resolution role
2. regulatory role
resolution role correct answers settle difference between 2+ parties
(mainly covered in a business law class)
Regulatory Role correct answers -Governmental interference with private business
-Directs and standardizes business activities to improve society
Law definition correct answers the collection of rules and regulations that determines how the
government will treat its citizens and how the citizens will treat the government as well as
other citizens and the enforcement thereof
enforcement leads to correct answers stability, predictability, and uniformity (hopefully)
constitutiona law correct answers - "supreme law"
-most important source
Statutory Law correct answers -US congress passes laws (statutes) as per the constitution
- is written down !
-"legislative law"
Executive order correct answers an order made by the president to control the policies of the
executive branch
- affirmative action
- EX: don't ask, don't tell and repeal of it by Obama
Executive Branch correct answers The law-enforcing branch of government.
- executive orders
-president controls agencies and bureaus (sees spending & appoints leaders)
-appoints federal judge
Judiciary correct answers - interpret the law & determines facts if no jury
Stare Decisis Doctrine correct answers follow previously decided cases unless there is a
good, legal reason to change
- sets precedent
- leads to uniformity
Common Law correct answers judge-made law grounded in tradition and previous judicial
decisions, instead of in written law
Marbury v. Madison correct answers This case establishes the Supreme Court's power of
Judicial Review
Judicial review correct answers The power of the courts to declare laws unconstitutional
- can be overruled by constitutional amendment (rare)
, Administrative Law correct answers law created by the regulatory agencies
state court system correct answers varies from state to state
-handles bulk of judicial work
business regulation correct answers power to regulate business to protect the public health
and safety and to promote for public welfare can be federal, state, and municipal
Federal law correct answers the law of the national government
- includes law from constitution, congress, president and federal regulatory agencies
State Law correct answers the law of the states and their localities
- includes law from municipal ordinances, state legislators, state regulatory agencies and
sometimes county governments
Public law correct answers law dealing with the relationship between government and
individuals
Private Law correct answers between individuals; government is not involved
Criminal Law correct answers a system of law concerned with the punishment of those who
commit crimes
- is statutory
Civil Law correct answers designed to compensate individuals for wrongs suffered
- purpose is reimbursement
-is both common and statutory law
Substantive Law correct answers defines rights and duties
-"Meat/Heart of the Law"
Procedural Law correct answers defines the procedural means to enforce rights established by
substantive law
- "How to" of the law
equitable remedies correct answers judicial remedies made by courts
- only available if legal remedies are not sufficient
Texas v. Johnson correct answers A 1989 case where the Supreme Court struck down a law
banning the burning of the American flag on the grounds that such action was symbolic
speech protected by the First Amendment.
United States v. Eichman correct answers Declared Flag Protection Act, which made flag-
burning illegal, unconstitutional, 1990
New State Ice Co. v. Leiberman correct answers Prevents state legislatures from randomly
creating restrictions on new businesses only on the claim that its market affects a public use
federalism correct answers A system in which power is divided between the national and
state governments