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Loma 311 module 1 Exam 2025 Questions and Answers

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Loma 311 module 1 Exam 2025 Questions and Answers

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Loma 311 module 1 Exam 2025
Questions and Answers


Constitution - ✔✔One of the primary sources of law. The other three are statutes,
administrative regulations, and treaties and international agreements.




A constitution is a document or group of documents that set out the fundamental
principles that determine the powers and duties of the government and the rights of the
people.

-meant to be relatively permanent and a primary source of law

Branches of Government - ✔✔Legislative, Executive, Judicial




legislative is responsible for an acting laws to govern the applicable jurisdiction




executive consists of a system of administrative agencies that are responsible for
administering, enforcing or caring out the jurisdictions laws.




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,Judicial consists of a system of courts that are responsible for applying and interpreting
the jurisdictions laws in for resolving disputes. Many countries promote alternative
dispute resolution methods. ++++ administrative law looks at regulations

Parliamentary Democracy - ✔✔Other countries use this as the LEGISLATIVE branch of
government and has ULTIMATE authority for making all the laws. Countries within
the British Commonwealth, most European countries, India and Singapore are
examples of this.




generally the EXECUTIVE branch of government is led by a Prime Minister who has the
political party and holds the majority of elected seats

federal system - ✔✔A Federal government and a number of lower level governments
share governmental powers. For example the USA is a Federation of 50 states, the
district of Columbia in several territories.




in a federal system, the federal Constitution is the nations supreme law.




typically each state also has a state constitution that serves as the states fundamental
law. The state laws must be consistent with the federal Constitution

Statutes - ✔✔written laws enacted by legislatures.

generally they declare, command, or prohibit something. These legislative enactments
create the body of law known as statutory law

Congress - ✔✔The legislative branch of the federal government is referred to as
Congress and the two houses are the Senate and the house of representatives




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,U.S. Code - ✔✔All of the federal statutes have been compiled as this

State Codes - ✔✔The laws enacted by a given state are known as the state code.

State insurance code - ✔✔A portion of each state code regulates the insurance industry
within the state and is known as the state insurance code

FIO (Federal Insurance Office) - ✔✔And administrative office within the department of
the treasury that monitors the insurance industry and represents the US and
international insurance matters

Department of Treasury - ✔✔The federal agency that has primary responsibility for
administering federal banking and tax laws

SEC (Securities and Exchange Commission) - ✔✔The federal agency that administers
federal laws governing securities and investment industry

DOJ - ✔✔Department of Justice. The federal agency that is responsible for enforcing
federal criminal laws, representing the US and federal cases, and providing legal advice
to other federal officials and departments

Insurance Department - ✔✔A state administrative agency that is responsible for
enforcing the state insurance code and making certain that insurers conducting business
within the state comply with all state insurance laws

The Office of the Secretary of State - ✔✔A state agency that is responsible for licensing
corporations and businesses

Office of the Attorney General - ✔✔A state agency that is authorized to enforce the
states criminal laws, represent the state and all legal matters, and provide legal advice
to the governor and other state administrative officials




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, Treaty - ✔✔He legally binding agreement entered into by two or more nations that
agree to abide by the terms of the agreement. Also known as conventions or pacts




political treaties establish military alliances, and wars, and subtle boundary disputes.

Commercial treaties deal with trade and tariffs issues

Case Law - ✔✔the rules of law announced in court decisions

Substantive law - ✔✔They create, define, and regulate legal rights and duties.




Examples are how a statute defines fraudulent misrepresentation or the punishment
that a person convinced of insurance fraud may receive

Procedural Law - ✔✔Specify the rules and methods that courts use to enforce
substantive laws.




For example may require that a defendant answer a complaint within 30 days of being
served with the complaint. Also provide a guideline of how cases proceed through a
court system and specify the types of cases that each court has jurisdiction to hear

Jurisdiction - ✔✔Refers to the authority of a court to hear specific cases or in the event
of overlapping authorities, the most appropriate forum to hear the case

Trial courts - ✔✔Also called courts of original jurisdiction because they are the courts
that first hear disputes. ****Substantive laws are laws that create, define and regulate
legal rights and duties.

appellate court - ✔✔These are authorized to review with the decisions of lower courts.




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