LEGL 2700 ROESSING TEST 1 QUESTIONS AND
CORRECT DETAILED ANSWERS |ALREADY GRADED
A+
law - (answers)made up of rules; these rules are laid down by the state and
backed up by law enforcement
Act - (answers)Legislation proposed by a legislative body such as the U.S.
Congress. When enacted, it has a meaning identical to "law," or "statute."
rule of law - (answers)laws that are made are generally and equally applicable;
apply to all or most members of society and they apply to various groups in the
same way
4 Principles of the Rule of Law - (answers)1. All individuals and private entities are
accountable under the law
2. The laws are clear, public, stable and just; are applied evenly; and protect
fundamental rights
3. The process by which the laws are enacted, administered and enforced is
accessible and fair
4. Justice is delivered in a timely manner by competent, ethical, independent and
neutral representatives who serve the public good
property - (answers)something that is owned; ownership
,ownership - (answers)the right to turn to public authorities to help you keep
others from interfering with what you own
public property - (answers)applies to resources owned by the government (roads,
public buildings, public lands, monuments)
private property - (answers)applies to resources owned by an individual
common property - (answers)resources owned by more than one individual
jointly
jurisprudence - (answers)philosophies of law; explains origins of law and
justifications
natural law - (answers)law contains universal moral principles that are observable
in nature and determined through human reason (John Locke)
positive law - (answers)law is simply the commands of the state backed up by
force and punishments; contrary to natural law
historical school of law - (answers)contemporary law should focus on legal
principles that have withstood the test of time in a nation; law reflects the
cultural traditions of a people and recognizes that different nations may have
different traditions
,sociological jurisprudence - (answers)law can and should change to meet new
developments in society
legal realism - (answers)tries to go beyond the words of law to examine what
police, administrators, prosecutors, and judges are actually doing as they enforce,
interpret, and apply laws (speed limits)
Substantive due process - (answers)Judicial interpretation of the Fifth and
Fourteenth Amendments' due process clauses that protect citizens from arbitrary
or invasive state or federal laws.
"No deprivation of life, liberty, or property without due process"
China: Rule of Law and Property Rights are key - (answers)improvements in
transparency, market access, property rights, and equal enforcement are growing
the Chinese markets
common law - (answers)emphasizes the role of judges in determining the
meaning of laws and how they apply (British colonized countries)
equity - (answers)Fairness; "law isn't on my side but Judge, what they did to me is
unfair"
unjust enrichment - (answers)one knowingly benefiting unfairly at another's
expense
, Uniform State Laws - (answers)Pressure for homogenous laws between states for
sales purposes. Statutes drafted by the National Conference of Commissioners for
adoption by the states. Best example is the Uniform Commercial Code (UCC).
International law - (answers)similar concept to uniform state laws in that
countries can adopt same laws for efficiency purposes (law of intl' trade, law of
war/treaties, etc.). U.N. (humanitarian) and WTO (trade). Treaty as a code of law
civil law - (answers)relies more on legislation than judicial decisions to determine
what the law is
precedents - (answers)prior judicial decisions
public law - (answers)includes matters that involve the regulation of society as
opposed to individuals interacting
constitutional law - (answers)(public) involves the interpretation and application
of either the federal or state constitutions
administrative law - (answers)(public) covers the legal principles that apply to
government agencies, bureaus, boards, or commissions
corporate governance law - (answers)concerns the law protecting the owners
from the managers who run their companies
CORRECT DETAILED ANSWERS |ALREADY GRADED
A+
law - (answers)made up of rules; these rules are laid down by the state and
backed up by law enforcement
Act - (answers)Legislation proposed by a legislative body such as the U.S.
Congress. When enacted, it has a meaning identical to "law," or "statute."
rule of law - (answers)laws that are made are generally and equally applicable;
apply to all or most members of society and they apply to various groups in the
same way
4 Principles of the Rule of Law - (answers)1. All individuals and private entities are
accountable under the law
2. The laws are clear, public, stable and just; are applied evenly; and protect
fundamental rights
3. The process by which the laws are enacted, administered and enforced is
accessible and fair
4. Justice is delivered in a timely manner by competent, ethical, independent and
neutral representatives who serve the public good
property - (answers)something that is owned; ownership
,ownership - (answers)the right to turn to public authorities to help you keep
others from interfering with what you own
public property - (answers)applies to resources owned by the government (roads,
public buildings, public lands, monuments)
private property - (answers)applies to resources owned by an individual
common property - (answers)resources owned by more than one individual
jointly
jurisprudence - (answers)philosophies of law; explains origins of law and
justifications
natural law - (answers)law contains universal moral principles that are observable
in nature and determined through human reason (John Locke)
positive law - (answers)law is simply the commands of the state backed up by
force and punishments; contrary to natural law
historical school of law - (answers)contemporary law should focus on legal
principles that have withstood the test of time in a nation; law reflects the
cultural traditions of a people and recognizes that different nations may have
different traditions
,sociological jurisprudence - (answers)law can and should change to meet new
developments in society
legal realism - (answers)tries to go beyond the words of law to examine what
police, administrators, prosecutors, and judges are actually doing as they enforce,
interpret, and apply laws (speed limits)
Substantive due process - (answers)Judicial interpretation of the Fifth and
Fourteenth Amendments' due process clauses that protect citizens from arbitrary
or invasive state or federal laws.
"No deprivation of life, liberty, or property without due process"
China: Rule of Law and Property Rights are key - (answers)improvements in
transparency, market access, property rights, and equal enforcement are growing
the Chinese markets
common law - (answers)emphasizes the role of judges in determining the
meaning of laws and how they apply (British colonized countries)
equity - (answers)Fairness; "law isn't on my side but Judge, what they did to me is
unfair"
unjust enrichment - (answers)one knowingly benefiting unfairly at another's
expense
, Uniform State Laws - (answers)Pressure for homogenous laws between states for
sales purposes. Statutes drafted by the National Conference of Commissioners for
adoption by the states. Best example is the Uniform Commercial Code (UCC).
International law - (answers)similar concept to uniform state laws in that
countries can adopt same laws for efficiency purposes (law of intl' trade, law of
war/treaties, etc.). U.N. (humanitarian) and WTO (trade). Treaty as a code of law
civil law - (answers)relies more on legislation than judicial decisions to determine
what the law is
precedents - (answers)prior judicial decisions
public law - (answers)includes matters that involve the regulation of society as
opposed to individuals interacting
constitutional law - (answers)(public) involves the interpretation and application
of either the federal or state constitutions
administrative law - (answers)(public) covers the legal principles that apply to
government agencies, bureaus, boards, or commissions
corporate governance law - (answers)concerns the law protecting the owners
from the managers who run their companies
