Clemson Law 3220 TEST 1
What was held in the Davis v. Baugh Industrial Contractors, Inc. case? - Correct
Answer-reversed and remanded. court rejected previous common law rule and
accepted a more modern approach.
what is the process of the judiciary system? - Correct Answer-trial court > court of
appeals > supreme court
the President can create law through... - Correct Answer-executive orders
executive orders are limited to... - Correct Answer-federal agencies
what are the 3 classifications of law? - Correct Answer-1) public/private
2) civil/criminal
3) substantive/procedural
what type of law is legal relationships between members of society and the
government? - Correct Answer-public law
What branch of government writes the law? - Correct Answer-legislative branch
who creates statutory law? - Correct Answer-legislature
What does statutory law consist of? - Correct Answer-federal laws, state laws, and
municipal laws
Who creates a statute? - Correct Answer-Congress
Who makes regulations? - Correct Answer-agencies
Where did common law originate from? - Correct Answer-the English
who interprets decisions and applies the laws? - Correct Answer-judiciary
What are the three key functions of the legal system? - Correct Answer-1) influencing
behavior
2) conflict behavior
3)social stability and change
may be viewed as a collection of rules or principles that limit and direct human behavior
- Correct Answer-law
, damages designed to punish; keep them from doing it again - Correct Answer-punitive
damages
What is the fundamental law of the land? - Correct Answer-U.S. Constitution
What establishes the legislative, executive and judicial branches of government? -
Correct Answer-U.S. Constitution
systematic way to change law - Correct Answer-common law
legal principle from cases is called... - Correct Answer-precedent
"looking back through precedents" or the use of this precedent is called... - Correct
Answer-Stare Decisis
if there is a new issues the judge does what? - Correct Answer-makes a new law
true or false: common law varies by state - Correct Answer-true
What is the first question when we talk about a case? - Correct Answer-why is it in the
book?
Davis v. Baugh Industrial Contractors, Inc. is an example of how... - Correct Answer-
common law changes
what type of law is legal relationships among members of society? - Correct Answer-
private law
what type of law states that the guilty can be fined, imprisoned, or both? - Correct
Answer-criminal law
"beyond reasonable doubt" is a legal requirement for which type of law? - Correct
Answer-criminal law
what type of law is when the wrongdoer pays money, but no jail time? - Correct Answer-
civil law
"preponderance of the evidence" is also known as... - Correct Answer-civil burden of
proof
civil burden of proof is what percentage? - Correct Answer->50%
"beyond reasonable doubt" is known as... - Correct Answer-criminal burden of proof
criminal burden of proof is what percentage? - Correct Answer-90-95%
What was held in the Davis v. Baugh Industrial Contractors, Inc. case? - Correct
Answer-reversed and remanded. court rejected previous common law rule and
accepted a more modern approach.
what is the process of the judiciary system? - Correct Answer-trial court > court of
appeals > supreme court
the President can create law through... - Correct Answer-executive orders
executive orders are limited to... - Correct Answer-federal agencies
what are the 3 classifications of law? - Correct Answer-1) public/private
2) civil/criminal
3) substantive/procedural
what type of law is legal relationships between members of society and the
government? - Correct Answer-public law
What branch of government writes the law? - Correct Answer-legislative branch
who creates statutory law? - Correct Answer-legislature
What does statutory law consist of? - Correct Answer-federal laws, state laws, and
municipal laws
Who creates a statute? - Correct Answer-Congress
Who makes regulations? - Correct Answer-agencies
Where did common law originate from? - Correct Answer-the English
who interprets decisions and applies the laws? - Correct Answer-judiciary
What are the three key functions of the legal system? - Correct Answer-1) influencing
behavior
2) conflict behavior
3)social stability and change
may be viewed as a collection of rules or principles that limit and direct human behavior
- Correct Answer-law
, damages designed to punish; keep them from doing it again - Correct Answer-punitive
damages
What is the fundamental law of the land? - Correct Answer-U.S. Constitution
What establishes the legislative, executive and judicial branches of government? -
Correct Answer-U.S. Constitution
systematic way to change law - Correct Answer-common law
legal principle from cases is called... - Correct Answer-precedent
"looking back through precedents" or the use of this precedent is called... - Correct
Answer-Stare Decisis
if there is a new issues the judge does what? - Correct Answer-makes a new law
true or false: common law varies by state - Correct Answer-true
What is the first question when we talk about a case? - Correct Answer-why is it in the
book?
Davis v. Baugh Industrial Contractors, Inc. is an example of how... - Correct Answer-
common law changes
what type of law is legal relationships among members of society? - Correct Answer-
private law
what type of law states that the guilty can be fined, imprisoned, or both? - Correct
Answer-criminal law
"beyond reasonable doubt" is a legal requirement for which type of law? - Correct
Answer-criminal law
what type of law is when the wrongdoer pays money, but no jail time? - Correct Answer-
civil law
"preponderance of the evidence" is also known as... - Correct Answer-civil burden of
proof
civil burden of proof is what percentage? - Correct Answer->50%
"beyond reasonable doubt" is known as... - Correct Answer-criminal burden of proof
criminal burden of proof is what percentage? - Correct Answer-90-95%
