ENR 4400 Law And Legal Process
Midterm 1 Exam Latest Update
What is John Austin's definition of law - Answer A command which obliges a person or
persons, and obliges generally to acts or forbearances of a class or a course of conduct
What is Oliver Holme's definition of law - Answer A prediction of what courts will do
What is the concept of breakfast law - Answer Outcome of a court case depends on
what judge had for breakfast (random)
What is Stuchka's legal philosophy law definition - Answer Law is a system (or order) of
social relationships which corresponds to the interests of the dominant class and is
safeguarded by the organized force of that class
What is the concept of lunch law - Answer Law depends on who the judges and
legislators had lunch with
What is Aristotle's definition of law - Answer What an individual community lays down for
itself
What is positive law - Answer Laws that are recognized and enforced by human
institutions
What is natural law - Answer Law of nature, reason, morality
What are the four difference between natural law and positive law - Answer Level of
importance (natural law concerns more important things than positive law), how they
are changed (positive law has a process to change usually written in law, natural law
changes as culture shifts), responsibility for inability to act, and enforcement
How is positive law enforced - Answer Regulations, statutes, common law (case law)
How is natural law enforced - Answer Feelings of guilt, social norms, and religious
punishment
What are four commonalities between natural law and positive law - Answer Prohibitions
against violence, at least a minimal amount of property rights, sanctions against
non-compliance, and provisions for compromise (self-defense) and exchange
What are characteristics of law - Answer always evolving, where decisions and policies
come into action in a community, serves the interest of the community not the powerful
Describe the natural, positive, and scientific law for air pollution - Answer the natural
law is every human has the right to breathe clean air, the positive law is the Clean Air
Act requires EPA to regulate emission of pollutants that "endanger public health and
welfare", the scientific law is the ozone is created by chemical reactions between oxides
,of nitrogen and volatile organic compounds (VOCs) and the combination in the presence
of sunlight form ozone which is harmful to humans
What are the ideals of political authroity - Answer It possesses expertise that renders it
better able to establish how individuals should act, it possesses a steadier and more
unbiased will, deciding for oneself causes anxiety and is costly so following authoritative
rule reduces both, it often is in a better position to achieve what the individual has
reason to want but is in no position to achieve
Where did we draw our laws from - Answer Code of Hammurabi, Justinian Code,
Anglo-Saxon law
What does law do for us - Answer Resolve disputes and provides a remedy, maintain
order, framework within which common expectations of daily activities or accidents can
be met, government functioning, protect citizens against excessive or unfair
government power, protect society against excessive or unfair power, decencies of life
How is law limited - Answer Social conditioning, popular habits, attitudes, ideals, human
frailties in emergencies, risk in administration, internal disputes, knowledge
What must occur for legal legitimacy - Answer Dual concepts of consensus and
rationality
What makes up the law - Answer Statutes, rules or regulations, case law/ common law
What are statutes - Answer Written, created, and put into force by the legislature
What are rules/ regulations - Answer Created by administrative agencies
What is case law/ common law - Answer Made of court decisions (federal, state, or
local), written by elected or appointed judges, interprets statutes rules and common law
What is a trial court - Answer Single judge decides any legal issues, judge or jury
decides factual issues and how they apply to law, decisions issued after trial presenting
evidence (Judge issues ruling)
What is an appellate court - Answer Panel of judges, reviews what was done by the trial
court (or lower appellate court), decision issued after written briefs and oral arguments
by lawyers (no witnesses or new facts admitted into evidence), never a jury
What is the first component of case citation - Answer Case name
What is the order of a case name in a trial court - Answer Plaintiff versus defendant
What is the order of a case name in an appellate court - Answer appellee versus
appellant
What is a plaintiff - Answer Party who brings the case, person who has been harmed and
is seeking redress
, What is a defendant - Answer Party who is being prosecuted or sued
Who can be a party (named plaintiff or defendant) - Answer Any government entity,
corporation, individual, often is more than one plaintiff and defendant
What comes after the case name in case citation - Answer Official reporter, where the
case can be found, if it says U.S. it's a case in the U.S. supreme court
What comes after the official reporter in case citation - Answer The year the court
issued the decision
What is a decision in a court case - Answer Final ruling of a court, either on a major
issue or aspect of the case or the case as a whole
What are the main components of a decision - Answer Caption, syllabus (sometimes),
decision, concurrence (sometimes if on appeal), dissent (sometimes if on appeal)
What does concurrence mean - Answer Agree with the outcome in an appeal case, but
not the reasoning
What does dissent mean - Answer Doesn't agree with outcome in appeal case
What acronym is used to summarize a court decision - Answer IRAC= issue, rule,
analysis, conclusion
What is the issue in a court decision - Answer The question the court ruling or issuing a
decision on
What is the rule in a court decision - Answer The existing statute, administrative rule, or
case law the court is applying
What is the analysis in a court decision - Answer How the court applies the rule to the
facts of the case to address the issue
What is the conclusion in a court decision - Answer The Court's final decision on the
issue and the outcome for the parties
What is the definition of property - Answer That which belongs exclusively to one, an
aggregate of rights in a thing which are guaranteed and protected by the government,
the right to possess a thing, use it, and to exclude everyone else from interfering with it
What is the definition of property rights - Answer A generic term which refers to any
type or right to specific property whether it is personal or real property, tangible or
intangible
What is the function of private property - Answer An instrument of society- property can
be seen as rights between persons in relation to things.
What is the concept of internalizing externalities - Answer concentration of benefits and
costs on owners creates incentives to utilize resources more efficiently
Midterm 1 Exam Latest Update
What is John Austin's definition of law - Answer A command which obliges a person or
persons, and obliges generally to acts or forbearances of a class or a course of conduct
What is Oliver Holme's definition of law - Answer A prediction of what courts will do
What is the concept of breakfast law - Answer Outcome of a court case depends on
what judge had for breakfast (random)
What is Stuchka's legal philosophy law definition - Answer Law is a system (or order) of
social relationships which corresponds to the interests of the dominant class and is
safeguarded by the organized force of that class
What is the concept of lunch law - Answer Law depends on who the judges and
legislators had lunch with
What is Aristotle's definition of law - Answer What an individual community lays down for
itself
What is positive law - Answer Laws that are recognized and enforced by human
institutions
What is natural law - Answer Law of nature, reason, morality
What are the four difference between natural law and positive law - Answer Level of
importance (natural law concerns more important things than positive law), how they
are changed (positive law has a process to change usually written in law, natural law
changes as culture shifts), responsibility for inability to act, and enforcement
How is positive law enforced - Answer Regulations, statutes, common law (case law)
How is natural law enforced - Answer Feelings of guilt, social norms, and religious
punishment
What are four commonalities between natural law and positive law - Answer Prohibitions
against violence, at least a minimal amount of property rights, sanctions against
non-compliance, and provisions for compromise (self-defense) and exchange
What are characteristics of law - Answer always evolving, where decisions and policies
come into action in a community, serves the interest of the community not the powerful
Describe the natural, positive, and scientific law for air pollution - Answer the natural
law is every human has the right to breathe clean air, the positive law is the Clean Air
Act requires EPA to regulate emission of pollutants that "endanger public health and
welfare", the scientific law is the ozone is created by chemical reactions between oxides
,of nitrogen and volatile organic compounds (VOCs) and the combination in the presence
of sunlight form ozone which is harmful to humans
What are the ideals of political authroity - Answer It possesses expertise that renders it
better able to establish how individuals should act, it possesses a steadier and more
unbiased will, deciding for oneself causes anxiety and is costly so following authoritative
rule reduces both, it often is in a better position to achieve what the individual has
reason to want but is in no position to achieve
Where did we draw our laws from - Answer Code of Hammurabi, Justinian Code,
Anglo-Saxon law
What does law do for us - Answer Resolve disputes and provides a remedy, maintain
order, framework within which common expectations of daily activities or accidents can
be met, government functioning, protect citizens against excessive or unfair
government power, protect society against excessive or unfair power, decencies of life
How is law limited - Answer Social conditioning, popular habits, attitudes, ideals, human
frailties in emergencies, risk in administration, internal disputes, knowledge
What must occur for legal legitimacy - Answer Dual concepts of consensus and
rationality
What makes up the law - Answer Statutes, rules or regulations, case law/ common law
What are statutes - Answer Written, created, and put into force by the legislature
What are rules/ regulations - Answer Created by administrative agencies
What is case law/ common law - Answer Made of court decisions (federal, state, or
local), written by elected or appointed judges, interprets statutes rules and common law
What is a trial court - Answer Single judge decides any legal issues, judge or jury
decides factual issues and how they apply to law, decisions issued after trial presenting
evidence (Judge issues ruling)
What is an appellate court - Answer Panel of judges, reviews what was done by the trial
court (or lower appellate court), decision issued after written briefs and oral arguments
by lawyers (no witnesses or new facts admitted into evidence), never a jury
What is the first component of case citation - Answer Case name
What is the order of a case name in a trial court - Answer Plaintiff versus defendant
What is the order of a case name in an appellate court - Answer appellee versus
appellant
What is a plaintiff - Answer Party who brings the case, person who has been harmed and
is seeking redress
, What is a defendant - Answer Party who is being prosecuted or sued
Who can be a party (named plaintiff or defendant) - Answer Any government entity,
corporation, individual, often is more than one plaintiff and defendant
What comes after the case name in case citation - Answer Official reporter, where the
case can be found, if it says U.S. it's a case in the U.S. supreme court
What comes after the official reporter in case citation - Answer The year the court
issued the decision
What is a decision in a court case - Answer Final ruling of a court, either on a major
issue or aspect of the case or the case as a whole
What are the main components of a decision - Answer Caption, syllabus (sometimes),
decision, concurrence (sometimes if on appeal), dissent (sometimes if on appeal)
What does concurrence mean - Answer Agree with the outcome in an appeal case, but
not the reasoning
What does dissent mean - Answer Doesn't agree with outcome in appeal case
What acronym is used to summarize a court decision - Answer IRAC= issue, rule,
analysis, conclusion
What is the issue in a court decision - Answer The question the court ruling or issuing a
decision on
What is the rule in a court decision - Answer The existing statute, administrative rule, or
case law the court is applying
What is the analysis in a court decision - Answer How the court applies the rule to the
facts of the case to address the issue
What is the conclusion in a court decision - Answer The Court's final decision on the
issue and the outcome for the parties
What is the definition of property - Answer That which belongs exclusively to one, an
aggregate of rights in a thing which are guaranteed and protected by the government,
the right to possess a thing, use it, and to exclude everyone else from interfering with it
What is the definition of property rights - Answer A generic term which refers to any
type or right to specific property whether it is personal or real property, tangible or
intangible
What is the function of private property - Answer An instrument of society- property can
be seen as rights between persons in relation to things.
What is the concept of internalizing externalities - Answer concentration of benefits and
costs on owners creates incentives to utilize resources more efficiently
