BUL 5810 - WOODYARD - FSU - EXAM 1 QUESTIONS
What is a Law? - Answer -A rule of civil conduct prescribed by the supreme power in a
state, commanding what is right, and prohibiting what is wrong.
What are the functions of law? - Answer -To maintain stability in the social, political,
and economic system through dispute resolution, protection of property, and the
preservation of the state, while simultaneously permitting ordered change.
What are legal sanctions? - Answer -Means by which the law enforces the decisions of
the courts.
What is the difference between law and morals? - Answer -They are different but
overlapping; Law provides sanctions, while morals do not.
What is the difference between Law and Justice? - Answer -They are separate and
distinct concepts; Justice is the fair, equitable, and impartial treatment of competing
interests with due regard for the common good.
What is substantive law? - Answer -Law creating rights and duties.
What is procedural law? - Answer -Rules for enforcing substantive law.
What is civil law? - Answer -Law dealing with rights and duties the violation of which
constitutes a wrong against an individual or other legal entity.
What is criminal law? - Answer -Law establishing duties which, if violated, constitute a
wrong against the entire community.
What are the four sources of law? - Answer -Constitutional law, Judicial law, Legislative
law, and Administrative law.
What is Constitutional law? - Answer -Fundamental law of government establishing its
powers and limitations.
Into how many parts is Judicial law divided? - Answer -2 parts: Common law and Equity
What is Common Law? - Answer -The branch of Judicial Law that is developed by the
courts ans serves as precedent for determination of later controversies.
What is Equity? - Answer -The branch of Judicial law that is based upon principles
distinct from common law and providing remedies not available at law.
Into how many parts is Legislative law divided? - Answer -2 parts: Treaties and
Executive Orders
, What is a Treaty? - Answer -Agreements between or among independent nations.
What is an Executive Order? - Answer -Laws issued by the President or by the
Governor of a state.
What is Administrative law? - Answer -Body of law created by Administrative agencies
to carry out their regulatory powers and duties.
What is the supreme law of the land? - Answer -The U.S. Constitution
Administrative agencies are powerful because they have 3 powers of government: -
Answer -1. Power to make rules
2. Power to investigate or enforce
3. Power to decide if you violated rules
What is Stare Decisis? - Answer -The legal principle of determining points in litigation
according to precedent.
What is ethics? - Answer -Study of what is good or right for human beings.
What is Utilitarianism? - Answer -The ethical theory in which moral actions are those
that produce the greatest net pleasure compared with net pain.
What are the 3 different kinds of Utilitarianism? - Answer -1. Act Utilitarianism
2. Rule Utilitarianism
3. Cost-Benefit Analysis
What us Act Utilitarianism? - Answer -The assessment of each separate act according
to whether it maximizes pleasure over pain.
What is Rule Utilitarianism? - Answer -The support of rules that on balance produce the
greatest pleasure for society.
What is a Cost-Benefit Analysis? - Answer -The quantifying of the benefits and costs of
alternatives.
What is Deontology? - Answer -The ethical theory in which actions must be judged by
their motives and means as well as their results.
What is Social Egalitarianism? - Answer -The belief that society should provide all its
members with equal amounts of goods and services regardless of their relative
contributions.
What is Distributive Justice? - Answer -The ethical theory that stresses equality of
opportunity rather than results.
What is a Law? - Answer -A rule of civil conduct prescribed by the supreme power in a
state, commanding what is right, and prohibiting what is wrong.
What are the functions of law? - Answer -To maintain stability in the social, political,
and economic system through dispute resolution, protection of property, and the
preservation of the state, while simultaneously permitting ordered change.
What are legal sanctions? - Answer -Means by which the law enforces the decisions of
the courts.
What is the difference between law and morals? - Answer -They are different but
overlapping; Law provides sanctions, while morals do not.
What is the difference between Law and Justice? - Answer -They are separate and
distinct concepts; Justice is the fair, equitable, and impartial treatment of competing
interests with due regard for the common good.
What is substantive law? - Answer -Law creating rights and duties.
What is procedural law? - Answer -Rules for enforcing substantive law.
What is civil law? - Answer -Law dealing with rights and duties the violation of which
constitutes a wrong against an individual or other legal entity.
What is criminal law? - Answer -Law establishing duties which, if violated, constitute a
wrong against the entire community.
What are the four sources of law? - Answer -Constitutional law, Judicial law, Legislative
law, and Administrative law.
What is Constitutional law? - Answer -Fundamental law of government establishing its
powers and limitations.
Into how many parts is Judicial law divided? - Answer -2 parts: Common law and Equity
What is Common Law? - Answer -The branch of Judicial Law that is developed by the
courts ans serves as precedent for determination of later controversies.
What is Equity? - Answer -The branch of Judicial law that is based upon principles
distinct from common law and providing remedies not available at law.
Into how many parts is Legislative law divided? - Answer -2 parts: Treaties and
Executive Orders
, What is a Treaty? - Answer -Agreements between or among independent nations.
What is an Executive Order? - Answer -Laws issued by the President or by the
Governor of a state.
What is Administrative law? - Answer -Body of law created by Administrative agencies
to carry out their regulatory powers and duties.
What is the supreme law of the land? - Answer -The U.S. Constitution
Administrative agencies are powerful because they have 3 powers of government: -
Answer -1. Power to make rules
2. Power to investigate or enforce
3. Power to decide if you violated rules
What is Stare Decisis? - Answer -The legal principle of determining points in litigation
according to precedent.
What is ethics? - Answer -Study of what is good or right for human beings.
What is Utilitarianism? - Answer -The ethical theory in which moral actions are those
that produce the greatest net pleasure compared with net pain.
What are the 3 different kinds of Utilitarianism? - Answer -1. Act Utilitarianism
2. Rule Utilitarianism
3. Cost-Benefit Analysis
What us Act Utilitarianism? - Answer -The assessment of each separate act according
to whether it maximizes pleasure over pain.
What is Rule Utilitarianism? - Answer -The support of rules that on balance produce the
greatest pleasure for society.
What is a Cost-Benefit Analysis? - Answer -The quantifying of the benefits and costs of
alternatives.
What is Deontology? - Answer -The ethical theory in which actions must be judged by
their motives and means as well as their results.
What is Social Egalitarianism? - Answer -The belief that society should provide all its
members with equal amounts of goods and services regardless of their relative
contributions.
What is Distributive Justice? - Answer -The ethical theory that stresses equality of
opportunity rather than results.