LOMA 311 EXAM {388} QUESTIONS WITH
VERIFIED ANSWERS
The Constitution - ANSWER establishes fundamental principles that dictate the
| | | | | | | | |
powers and obligations of the government and the rights of citizens.
| | | | | | | | | | |
Statutes - ANSWER Laws passed by the legislative branch of government. Typically
| | | | | | | | | | |
declares, commands, or prohibits something
| | | | |
Administrative Regulations - ANSWER Rules or orders issued by agencies under the
| | | | | | | | | | |
executive branch of government (explain how to follow legislation). The Executive
| | | | | | | | | | |
Branch is made up of various departments known as Administrative Agencies,
| | | | | | | | | | |
which are in charge of implementing specific areas of the law.
| | | | | | | | | | |
Legislative Branch - ANSWER one or more legislative bodies that pass laws to
| | | | | | | | | | | |
regulate jurisdiction.
| |
The Executive Branch - ANSWER is made up of several agencies or ministries that
| | | | | | | | | | | | |
administer, enforce, and carry out the jurisdiction's laws.
| | | | | | | |
Judicial Branch - ANSWER comprises systems of courts that apply and interpret
| | | | | | | | | | |
laws.
|
Parliamentary Democracies - ANSWER: The legislative branch (parliament) has
| | | | | | | |
ultimate authority to make all laws - other countries, no USA
| | | | | | | | | | |
Federal System - ANSWER A federal government and several lower-level
| | | | | | | | |
governments share power.
| | |
,Code - ANSWER All laws passed by each legislative body are gathered and
| | | | | | | | | | | |
structured into a set of laws.
| | | | | |
Administrative Law is made up of regulations, which are rules or orders issued by | | | | | | | | | | | | |
administrative agencies with the same force and effect as statutes.
| | | | | | | | | |
Substantive laws establish, define, and control legal rights and duties.| | | | | | | | |
Procedural Laws - ANSWER specify the means used to enforce substantive laws.
| | | | | | | | | | |
Case types over which each court has authority.
| | | | | | | |
Jurisdiction - ANSWER Geographical Area of Legal Authority | | | | | | |
Common Law System - ANSWER: Based on English common law. Common Laws
| | | | | | | | | | |
address issues based on local conventions. The courts established and followed an
| | | | | | | | | | | |
unwritten collection of broad legal concepts and regulations.
| | | | | | | |
1. The court considers written law (statutes and regulations).
| | | | | | |
2. If no statutes or regulations apply, adopt the doctrine of stare decisis by
| | | | | | | | | | | |
following precedents.
| |
3. If no precedents apply, then use general principles of common law.
| | | | | | | | | |
Doctrine of Stare Decisis - ANSWER: When a court determines that a specific legal
| | | | | | | | | | | | |
principle applies to a specific set of facts, that principle is applied to all future cases in
| | | | | | | | | | | | | | | | |
which the facts are substantially the same. A precedent refers to a previous case's
| | | | | | | | | | | | | |
decision. The precedent remains in effect unless a court overturns it or a statute is
| | | | | | | | | | | | | | |
adopted that alters the legal theory that underpins the precedent.
| | | | | | | | | |
Civil Law System - ANSWER Based on the Roman legal system, laws are codified into
| | | | | | | | | | | | | |
written codes passed by the legislature. Civil Code-general legal concepts that govern
| | | | | | | | | | | |
interpersonal connections formed by birth, adoption, marriage, death, contracts, and
| | | | | | | | | |
personal liability. Decisions are made using the jurisdiction's codes for applicable
| | | | | | | | | | |
norms of law. If no code covers the matter at hand, the court decides the question under
| | | | | | | | | | | | | | | | |
the general principles of law established in the appropriate code.
| | | | | | | | | |
1. The court looks to the applicable code.
| | | | | |
,2. If there is no code, the court will apply the general principles of law outlined in the
| | | | | | | | | | | | | | | |
appropriate code
| |
3. The court will be influenced by its own earlier decisions as well as the decisions of
| | | | | | | | | | | | | | |
higher courts on similar topics.
| | | | |
Mixed Legal Systems - ANSWER incorporates aspects from more than one
| | | | | | | | | |
fundamental form of legal system. This applies to the vast majority of countries.
| | | | | | | | | | | | |
Customary Law System - ANSWER Members of a community have acknowledged
| | | | | | | | | |
local customs as binding on them.
| | | | | |
The State Court System - ANSWER contains a variety of trial courts. Each is presided
| | | | | | | | | | | | | |
over by a judge. Have two appellate courts: the Supreme Court, which has the
| | | | | | | | | | | | | |
jurisdiction to review lower appellate court rulings, and the Court of Appeals.
| | | | | | | | | | | |
The federal court system comprises three tiers.
| | | | | |
1. District courts exist in all states and territories. Act as trial courts with the
| | | | | | | | | | | | |
authority to consider just certain sorts of cases as outlined in the Constitution and
| | | | | | | | | | | | | |
different federal legislation.
| | |
2. Circuit Courts of Appeal: thirteen. Hear instances in which a district court ruling is
| | | | | | | | | | | | |
appealed by someone during the trial.
| | | | | |
The Supreme Court - ANSWER only handles appeals from lower courts and cases
| | | | | | | | | | | |
involving state or international officials. Usually involve a subject of national
| | | | | | | | | | |
interest, the US Constitution, or lower courts have reached conflicting conclusions.
| | | | | | | | | | |
Federal courts have authority over all cases involving ambassadors, public ministers,
| | | | | | | | | |
and consuls.
| |
• Case involving admiralty and maritime jurisdiction
| | | | |
, • Controversies involving the United States | | | |
• Conflicts involving two or more states
| | | | |
• Conflicts between a state and people of another state
| | | | | | | |
• Controversies among people of various states | | | | |
• Disputes between inhabitants of the same state claiming territories under gifts
| | | | | | | | | |
from separate states
| |
• Conflicts between a state and its international counterparts, citizens, or subjects.
| | | | | | | | | |
Ethics is a set of accepted standards of behavior and moral judgment that
| | | | | | | | | | | |
incorporates elements of honesty, integrity, and fair treatment. Acting ethically
| | | | | | | | | |
entails maintaining promises to consumers, functioning responsibly, treating
| | | | | | | |
customers and employees fairly, and keeping confidential information private.
| | | | | | | | |
Corporate culture refers to the values, beliefs, goals, and behavioral patterns that an
| | | | | | | | | | | |
organization's employees share.
| | |
Civil laws are concerned with private, non-governmental rights and remedies.
| | | | | | | | |
Public law refers to areas of law that influence the public interest and control
| | | | | | | | | | | | |
relationships between government and non-government entities.
| | | | | |
Private law refers to areas of law that largely involve disputes between
| | | | | | | | | | |
non-governmental parties.
| |
VERIFIED ANSWERS
The Constitution - ANSWER establishes fundamental principles that dictate the
| | | | | | | | |
powers and obligations of the government and the rights of citizens.
| | | | | | | | | | |
Statutes - ANSWER Laws passed by the legislative branch of government. Typically
| | | | | | | | | | |
declares, commands, or prohibits something
| | | | |
Administrative Regulations - ANSWER Rules or orders issued by agencies under the
| | | | | | | | | | |
executive branch of government (explain how to follow legislation). The Executive
| | | | | | | | | | |
Branch is made up of various departments known as Administrative Agencies,
| | | | | | | | | | |
which are in charge of implementing specific areas of the law.
| | | | | | | | | | |
Legislative Branch - ANSWER one or more legislative bodies that pass laws to
| | | | | | | | | | | |
regulate jurisdiction.
| |
The Executive Branch - ANSWER is made up of several agencies or ministries that
| | | | | | | | | | | | |
administer, enforce, and carry out the jurisdiction's laws.
| | | | | | | |
Judicial Branch - ANSWER comprises systems of courts that apply and interpret
| | | | | | | | | | |
laws.
|
Parliamentary Democracies - ANSWER: The legislative branch (parliament) has
| | | | | | | |
ultimate authority to make all laws - other countries, no USA
| | | | | | | | | | |
Federal System - ANSWER A federal government and several lower-level
| | | | | | | | |
governments share power.
| | |
,Code - ANSWER All laws passed by each legislative body are gathered and
| | | | | | | | | | | |
structured into a set of laws.
| | | | | |
Administrative Law is made up of regulations, which are rules or orders issued by | | | | | | | | | | | | |
administrative agencies with the same force and effect as statutes.
| | | | | | | | | |
Substantive laws establish, define, and control legal rights and duties.| | | | | | | | |
Procedural Laws - ANSWER specify the means used to enforce substantive laws.
| | | | | | | | | | |
Case types over which each court has authority.
| | | | | | | |
Jurisdiction - ANSWER Geographical Area of Legal Authority | | | | | | |
Common Law System - ANSWER: Based on English common law. Common Laws
| | | | | | | | | | |
address issues based on local conventions. The courts established and followed an
| | | | | | | | | | | |
unwritten collection of broad legal concepts and regulations.
| | | | | | | |
1. The court considers written law (statutes and regulations).
| | | | | | |
2. If no statutes or regulations apply, adopt the doctrine of stare decisis by
| | | | | | | | | | | |
following precedents.
| |
3. If no precedents apply, then use general principles of common law.
| | | | | | | | | |
Doctrine of Stare Decisis - ANSWER: When a court determines that a specific legal
| | | | | | | | | | | | |
principle applies to a specific set of facts, that principle is applied to all future cases in
| | | | | | | | | | | | | | | | |
which the facts are substantially the same. A precedent refers to a previous case's
| | | | | | | | | | | | | |
decision. The precedent remains in effect unless a court overturns it or a statute is
| | | | | | | | | | | | | | |
adopted that alters the legal theory that underpins the precedent.
| | | | | | | | | |
Civil Law System - ANSWER Based on the Roman legal system, laws are codified into
| | | | | | | | | | | | | |
written codes passed by the legislature. Civil Code-general legal concepts that govern
| | | | | | | | | | | |
interpersonal connections formed by birth, adoption, marriage, death, contracts, and
| | | | | | | | | |
personal liability. Decisions are made using the jurisdiction's codes for applicable
| | | | | | | | | | |
norms of law. If no code covers the matter at hand, the court decides the question under
| | | | | | | | | | | | | | | | |
the general principles of law established in the appropriate code.
| | | | | | | | | |
1. The court looks to the applicable code.
| | | | | |
,2. If there is no code, the court will apply the general principles of law outlined in the
| | | | | | | | | | | | | | | |
appropriate code
| |
3. The court will be influenced by its own earlier decisions as well as the decisions of
| | | | | | | | | | | | | | |
higher courts on similar topics.
| | | | |
Mixed Legal Systems - ANSWER incorporates aspects from more than one
| | | | | | | | | |
fundamental form of legal system. This applies to the vast majority of countries.
| | | | | | | | | | | | |
Customary Law System - ANSWER Members of a community have acknowledged
| | | | | | | | | |
local customs as binding on them.
| | | | | |
The State Court System - ANSWER contains a variety of trial courts. Each is presided
| | | | | | | | | | | | | |
over by a judge. Have two appellate courts: the Supreme Court, which has the
| | | | | | | | | | | | | |
jurisdiction to review lower appellate court rulings, and the Court of Appeals.
| | | | | | | | | | | |
The federal court system comprises three tiers.
| | | | | |
1. District courts exist in all states and territories. Act as trial courts with the
| | | | | | | | | | | | |
authority to consider just certain sorts of cases as outlined in the Constitution and
| | | | | | | | | | | | | |
different federal legislation.
| | |
2. Circuit Courts of Appeal: thirteen. Hear instances in which a district court ruling is
| | | | | | | | | | | | |
appealed by someone during the trial.
| | | | | |
The Supreme Court - ANSWER only handles appeals from lower courts and cases
| | | | | | | | | | | |
involving state or international officials. Usually involve a subject of national
| | | | | | | | | | |
interest, the US Constitution, or lower courts have reached conflicting conclusions.
| | | | | | | | | | |
Federal courts have authority over all cases involving ambassadors, public ministers,
| | | | | | | | | |
and consuls.
| |
• Case involving admiralty and maritime jurisdiction
| | | | |
, • Controversies involving the United States | | | |
• Conflicts involving two or more states
| | | | |
• Conflicts between a state and people of another state
| | | | | | | |
• Controversies among people of various states | | | | |
• Disputes between inhabitants of the same state claiming territories under gifts
| | | | | | | | | |
from separate states
| |
• Conflicts between a state and its international counterparts, citizens, or subjects.
| | | | | | | | | |
Ethics is a set of accepted standards of behavior and moral judgment that
| | | | | | | | | | | |
incorporates elements of honesty, integrity, and fair treatment. Acting ethically
| | | | | | | | | |
entails maintaining promises to consumers, functioning responsibly, treating
| | | | | | | |
customers and employees fairly, and keeping confidential information private.
| | | | | | | | |
Corporate culture refers to the values, beliefs, goals, and behavioral patterns that an
| | | | | | | | | | | |
organization's employees share.
| | |
Civil laws are concerned with private, non-governmental rights and remedies.
| | | | | | | | |
Public law refers to areas of law that influence the public interest and control
| | | | | | | | | | | | |
relationships between government and non-government entities.
| | | | | |
Private law refers to areas of law that largely involve disputes between
| | | | | | | | | | |
non-governmental parties.
| |
