AGEC 3713 EXAM 1 QUESTIONS WITH
ACCURATE ANSWERS
What is the definition of "the law?" - ANSWER The body of rules that can be enforced by
the authority of a government (federal, state and local)
What are the principal means by which the government enforces legal obligations? -
ANSWER Declaration of independence and the constitution
How do you summarize the grant of authority to the government to enact, and then
enforce, the law? - ANSWER - The American legal system is founded on the concept that
the people have the right to govern themselves.
- The American people consented to the establishment of a government to maintain
order.
- The American people also gave the government the power to enforce its laws.
Define constitutional law. - ANSWER The fundamental law of a government establishing
the government, defining its organization, and prescribing the limits and exercise of its
powers.
Define statutory law. - ANSWER The codified laws passed by a governments legislative
body.
Define administrative law. - ANSWER The body of agency-made law consisting of
administrative rules, regulations, and enforceable policies.
Define common/case law. - ANSWER The body of law that is derived from judicial
precedent
How is constitutional law created? - ANSWER - Has a single occurrence
- Establishment through a constitutional convention.
How is statutory law created? - ANSWER Process is essentially the same at federal and
state levels:
- Bill is proposed by legislator in one house (and at federal level, revenue bills must
originate in the House).
-Bill must be approved by both houses of legislature.
-Bills must then be signed by chief executive, or vetoed. 2/3 majority of both houses
required to override veto.
, How is administrative law created? - ANSWER - Regulations are created by delegation
of the legislative power to the administrative agencies.
- Procedure for creating regulations is governed by the Administrative Procedure Act.
How is common/case law created? - ANSWER - To get us started, most jurisdictions
adopted the common law of England.
- Arises from the interpretation of legal principles by courts to the specific situation
before the court
How is constitutional law modified? - ANSWER Process of amendment.
How is statutory law modified? - ANSWER - Unlike constitutional law, statutory law is
modified all the time.
- Process of modification is essentially the same as process of creation
How is administrative law modified? - ANSWER essentially, the same process as
creation
How is common/case law modified? - ANSWER - Case law can be explicitly overridden
by passage of a statute or regulation.
- Judges can modify their interpretations of they feel that social policy dictates a new or
modified rule.
- A court can be confronted by a situation that dictates the formulation of a new rule.
How you can participate in the modification of constitutional law? - ANSWER - By far the
most difficult type of law in which to directly participate.
- Can use power of initiative at state level
- Can have role in modification of that interpretation through judicial action
What words are used to create a fee simple absolute estate? What is the presumption of
Oklahoma law if you don't specify what kind of estate was intended? - ANSWER - Must
contain words: " to (grantee) and his heirs "
- All presumed transfer a fee simple absolute unless specifically stated otherwise
How you can participate in the modification of administrative law? - ANSWER - Directly
participate by comments on rules
- Suggest rules
- Get on a council/commission/board
How you can participate in the modification of common/case law? - ANSWER - Come up
with a modification of a case law rule through legislation or regulation.
ACCURATE ANSWERS
What is the definition of "the law?" - ANSWER The body of rules that can be enforced by
the authority of a government (federal, state and local)
What are the principal means by which the government enforces legal obligations? -
ANSWER Declaration of independence and the constitution
How do you summarize the grant of authority to the government to enact, and then
enforce, the law? - ANSWER - The American legal system is founded on the concept that
the people have the right to govern themselves.
- The American people consented to the establishment of a government to maintain
order.
- The American people also gave the government the power to enforce its laws.
Define constitutional law. - ANSWER The fundamental law of a government establishing
the government, defining its organization, and prescribing the limits and exercise of its
powers.
Define statutory law. - ANSWER The codified laws passed by a governments legislative
body.
Define administrative law. - ANSWER The body of agency-made law consisting of
administrative rules, regulations, and enforceable policies.
Define common/case law. - ANSWER The body of law that is derived from judicial
precedent
How is constitutional law created? - ANSWER - Has a single occurrence
- Establishment through a constitutional convention.
How is statutory law created? - ANSWER Process is essentially the same at federal and
state levels:
- Bill is proposed by legislator in one house (and at federal level, revenue bills must
originate in the House).
-Bill must be approved by both houses of legislature.
-Bills must then be signed by chief executive, or vetoed. 2/3 majority of both houses
required to override veto.
, How is administrative law created? - ANSWER - Regulations are created by delegation
of the legislative power to the administrative agencies.
- Procedure for creating regulations is governed by the Administrative Procedure Act.
How is common/case law created? - ANSWER - To get us started, most jurisdictions
adopted the common law of England.
- Arises from the interpretation of legal principles by courts to the specific situation
before the court
How is constitutional law modified? - ANSWER Process of amendment.
How is statutory law modified? - ANSWER - Unlike constitutional law, statutory law is
modified all the time.
- Process of modification is essentially the same as process of creation
How is administrative law modified? - ANSWER essentially, the same process as
creation
How is common/case law modified? - ANSWER - Case law can be explicitly overridden
by passage of a statute or regulation.
- Judges can modify their interpretations of they feel that social policy dictates a new or
modified rule.
- A court can be confronted by a situation that dictates the formulation of a new rule.
How you can participate in the modification of constitutional law? - ANSWER - By far the
most difficult type of law in which to directly participate.
- Can use power of initiative at state level
- Can have role in modification of that interpretation through judicial action
What words are used to create a fee simple absolute estate? What is the presumption of
Oklahoma law if you don't specify what kind of estate was intended? - ANSWER - Must
contain words: " to (grantee) and his heirs "
- All presumed transfer a fee simple absolute unless specifically stated otherwise
How you can participate in the modification of administrative law? - ANSWER - Directly
participate by comments on rules
- Suggest rules
- Get on a council/commission/board
How you can participate in the modification of common/case law? - ANSWER - Come up
with a modification of a case law rule through legislation or regulation.
