AMERICAN JUDICIAL SYSTEM EXAM
1 QUESTIONS AND ANSWERS
4 defining qualities of the law - Correct Answers -1. Accepted rules through social
norms
2. Negative consequences for violation
3. Authority to impose sanctions
4. Regularity of enforcement
Three systems of law - Correct Answers -Civil Law
Islamic Law
Common Law
Civil Law - Correct Answers -Roman Origins, "Napoleonic Law", based entirely on
codified statutes and legislation which judges apply to factual situations of law
Sources of law: codes, statutes and legislation
Modern Examples: France, Greece, Italy and Germany
Islamic Law - Correct Answers -Religious origins, "Sharia Law", religious law formed by
Islamic tradition, the Quran and Hadith
Sources of law: Quran, Religious Texts and Case Law
Modern Examples: Saudi Arabia, Iran, Oman and Sudan
Common Law - Correct Answers -British Origins, "Judge-made Law", based on judges
decisions which often supplement the interpretation of statutory laws
Sources of law: Cases Law, Statutes and Legislations
Modern Examples: US, Australia, UK, India
Precedent - Correct Answers -the interpretation of the law that is reached based on the
decisions of judges that have
served before hand. It can be developed to create new interpretations, reapplied in the
same
context, or overturned in an effort to change/develop what the law means.
Stare Decisis - Correct Answers -"let the judgment stand" - judges are required to
respect precedent and law that has been established in cases before
, Sources of Law in the United States - Correct Answers -Constitutions, Legislative Acts,
Quasi-Judicial Decisions/Administrative Regulations, Executive Orders/Rulings, Judicial
Decisions, International Treaties/Laws
Statutory Law vs. Common Law - Correct Answers -Statutory is Legislative Law while
Common Law is Case Law
Civil vs. Criminal vs. Equity Law - Correct Answers -Civil is violations between
individuals
Criminal is violations against the government
Equity is when you issue a specific remedy to prevent wrong
Civil Cases (Law of Torts) - Correct Answers -cases are filed by individuals and the
claimant must produce evidence that shows liability. Both parties are able to appeal.
Criminal Cases - Correct Answers -cases are filed by government entities and evidence
must be proved beyond "reasonable doubt." Only the defendant may appeal the case.
Public Law vs. Private Law - Correct Answers -Public Obligations are obligations of an
individual to the state
Private Obligations are obligations of individuals to one another (contract
Purposes of Law - Correct Answers --provide order and predictability
-resolve disputes
-protect individuals
-provide for general welfare of society
Martin Shapiro's definition of a Court - Correct Answers -1. An independent judge 2.
Applying pre-existing norms after 3. Adversarial proceedings to achieve 4. A
dichotomous decision
Role of Courts - Correct Answers --resolve disputes
-make policy
-check on government (separation of powers)
Key characteristics of the judicial process - Correct Answers --cannot initiate action
-specific remedy
-evidence
-adversarial nature
-limits contacts with other parties
-temporal focus on past action
-rationale for decision
The role of the courts according to Federalist 78 - Correct Answers --judiciary has no
influence over the sword nor purse
-neither force nor will, merely judgement
1 QUESTIONS AND ANSWERS
4 defining qualities of the law - Correct Answers -1. Accepted rules through social
norms
2. Negative consequences for violation
3. Authority to impose sanctions
4. Regularity of enforcement
Three systems of law - Correct Answers -Civil Law
Islamic Law
Common Law
Civil Law - Correct Answers -Roman Origins, "Napoleonic Law", based entirely on
codified statutes and legislation which judges apply to factual situations of law
Sources of law: codes, statutes and legislation
Modern Examples: France, Greece, Italy and Germany
Islamic Law - Correct Answers -Religious origins, "Sharia Law", religious law formed by
Islamic tradition, the Quran and Hadith
Sources of law: Quran, Religious Texts and Case Law
Modern Examples: Saudi Arabia, Iran, Oman and Sudan
Common Law - Correct Answers -British Origins, "Judge-made Law", based on judges
decisions which often supplement the interpretation of statutory laws
Sources of law: Cases Law, Statutes and Legislations
Modern Examples: US, Australia, UK, India
Precedent - Correct Answers -the interpretation of the law that is reached based on the
decisions of judges that have
served before hand. It can be developed to create new interpretations, reapplied in the
same
context, or overturned in an effort to change/develop what the law means.
Stare Decisis - Correct Answers -"let the judgment stand" - judges are required to
respect precedent and law that has been established in cases before
, Sources of Law in the United States - Correct Answers -Constitutions, Legislative Acts,
Quasi-Judicial Decisions/Administrative Regulations, Executive Orders/Rulings, Judicial
Decisions, International Treaties/Laws
Statutory Law vs. Common Law - Correct Answers -Statutory is Legislative Law while
Common Law is Case Law
Civil vs. Criminal vs. Equity Law - Correct Answers -Civil is violations between
individuals
Criminal is violations against the government
Equity is when you issue a specific remedy to prevent wrong
Civil Cases (Law of Torts) - Correct Answers -cases are filed by individuals and the
claimant must produce evidence that shows liability. Both parties are able to appeal.
Criminal Cases - Correct Answers -cases are filed by government entities and evidence
must be proved beyond "reasonable doubt." Only the defendant may appeal the case.
Public Law vs. Private Law - Correct Answers -Public Obligations are obligations of an
individual to the state
Private Obligations are obligations of individuals to one another (contract
Purposes of Law - Correct Answers --provide order and predictability
-resolve disputes
-protect individuals
-provide for general welfare of society
Martin Shapiro's definition of a Court - Correct Answers -1. An independent judge 2.
Applying pre-existing norms after 3. Adversarial proceedings to achieve 4. A
dichotomous decision
Role of Courts - Correct Answers --resolve disputes
-make policy
-check on government (separation of powers)
Key characteristics of the judicial process - Correct Answers --cannot initiate action
-specific remedy
-evidence
-adversarial nature
-limits contacts with other parties
-temporal focus on past action
-rationale for decision
The role of the courts according to Federalist 78 - Correct Answers --judiciary has no
influence over the sword nor purse
-neither force nor will, merely judgement
