BLAW 2301 Betanzos Exam 1 (Ch. 1, 2
& 4-9) Key Terms Questions and
Answers.
What is a Law? - Answer The system of rules which a particular country or community
recognizes as regulating the actions of its members and which it may enforce by the imposition
of penalties.
Is Everything in Law Black and White? - Answer Nope. There is tension in the law, there is
always the need for stability and/or change, and that is why there is a reason for the existence
of judiciary entities.
What is the role of the US Constitution? - Answer It establishes Congress, the Presidency,
and Courts (branches of government), it gives to states powers not given to Federal
government, and it guarantees basic rights to all citizens.
What do State Constitutions do? - Answer They create state executive, legislative & judicial
systems.
What are statutes? - Answer A written law passed by a legislative body, either on a federal or
state level.
What is Common Law? - Answer A body of unwritten laws based on legal precedents
established by the courts. Common law influences the decision-making process in unusual cases
where the outcome cannot be determined based on existing statutes or written rules of law.
What is the Doctrine of Stare Decisis? - Answer a Latin term meaning "to stand by that which
is decided. Basically, it is a legal doctrine that obligates courts to follow historical cases when
making a ruling on a similar case. ... Simply put, it binds courts to follow legal precedents set by
previous decisions.
What is Administrative Law? - Answer Law created by agencies; the body of law that
regulates the operation and procedures of government agencies (usually in the executive
branch).
What are court orders? - Answer A direction issued by a court or a judge requiring a person
, What is the difference between Criminal Law and Civil Law? - Answer Criminal Law:
Dangerous behavior outlawed by society, government prosecutes accused, guilt is determined,
and punishment or fine is imposed. Civil Law: Regulates rights and duties between parties,
victim, not government brings suit, guilt not determined, compensation, or equitable relief, is
ordered.
What is a plaintiff and what is a defendant? - Answer Plaintiff: a person who brings a case
against another in a court of law. Defendant: an individual, company, or institution sued or
accused in a court of law.
Why is the law important? - Answer We depend upon the law to give us a stable nation and
economy, a fair society, a safe place to live and work. ...But while law is a vital tool for crafting
the society we want, there are no easy answers about how to create it.
What are ethics? - Answer Moral principles that govern a person's behavior or the
conducting of an activity.
Is it possible for an ethical action to be illegal, and for a legal action to be unethical? - Answer
Yes! Ex of an ethical action being illegal: Assisted Suicide for someone in Terminal Condition. Ex
of a legal action that is unethical: Martin Shkreli raising prices on exclusive medicine.
Why should we as a society be ethical? - Answer Society as a whole benefits by encouraging
economic competition; no one wants to compete with unfair competitors, people feel better
when they behave ethically, and unethical behavior can be costly. What is the cost of a lost
reputation?
What are the four theories of ethics? - Answer 1.) Utilitarian Ethics - Utilitarianism is a family
of consequentialist ethical theories that promotes actions that maximize happiness and well-
being for the majority of a population.
2.) Deontological Ethics - a type of ethics that judges actions based on whether they follow
certain rules. It is sometimes described as "duty" or "obligation" or "rule" -based ethics,
because rules "bind you to your duty".
3.) Rawlsian Justice - dictates that society should be structured so that the greatest possible
amount of liberty is given to its members, limited only by the notion that the liberty of any one
member shall not infringe upon that of any other member.
4.) Moral Universalism vs. Relativism - The argument on whether or not there are universal
moral codes or they are arbitrarily constructed based on culture.
& 4-9) Key Terms Questions and
Answers.
What is a Law? - Answer The system of rules which a particular country or community
recognizes as regulating the actions of its members and which it may enforce by the imposition
of penalties.
Is Everything in Law Black and White? - Answer Nope. There is tension in the law, there is
always the need for stability and/or change, and that is why there is a reason for the existence
of judiciary entities.
What is the role of the US Constitution? - Answer It establishes Congress, the Presidency,
and Courts (branches of government), it gives to states powers not given to Federal
government, and it guarantees basic rights to all citizens.
What do State Constitutions do? - Answer They create state executive, legislative & judicial
systems.
What are statutes? - Answer A written law passed by a legislative body, either on a federal or
state level.
What is Common Law? - Answer A body of unwritten laws based on legal precedents
established by the courts. Common law influences the decision-making process in unusual cases
where the outcome cannot be determined based on existing statutes or written rules of law.
What is the Doctrine of Stare Decisis? - Answer a Latin term meaning "to stand by that which
is decided. Basically, it is a legal doctrine that obligates courts to follow historical cases when
making a ruling on a similar case. ... Simply put, it binds courts to follow legal precedents set by
previous decisions.
What is Administrative Law? - Answer Law created by agencies; the body of law that
regulates the operation and procedures of government agencies (usually in the executive
branch).
What are court orders? - Answer A direction issued by a court or a judge requiring a person
, What is the difference between Criminal Law and Civil Law? - Answer Criminal Law:
Dangerous behavior outlawed by society, government prosecutes accused, guilt is determined,
and punishment or fine is imposed. Civil Law: Regulates rights and duties between parties,
victim, not government brings suit, guilt not determined, compensation, or equitable relief, is
ordered.
What is a plaintiff and what is a defendant? - Answer Plaintiff: a person who brings a case
against another in a court of law. Defendant: an individual, company, or institution sued or
accused in a court of law.
Why is the law important? - Answer We depend upon the law to give us a stable nation and
economy, a fair society, a safe place to live and work. ...But while law is a vital tool for crafting
the society we want, there are no easy answers about how to create it.
What are ethics? - Answer Moral principles that govern a person's behavior or the
conducting of an activity.
Is it possible for an ethical action to be illegal, and for a legal action to be unethical? - Answer
Yes! Ex of an ethical action being illegal: Assisted Suicide for someone in Terminal Condition. Ex
of a legal action that is unethical: Martin Shkreli raising prices on exclusive medicine.
Why should we as a society be ethical? - Answer Society as a whole benefits by encouraging
economic competition; no one wants to compete with unfair competitors, people feel better
when they behave ethically, and unethical behavior can be costly. What is the cost of a lost
reputation?
What are the four theories of ethics? - Answer 1.) Utilitarian Ethics - Utilitarianism is a family
of consequentialist ethical theories that promotes actions that maximize happiness and well-
being for the majority of a population.
2.) Deontological Ethics - a type of ethics that judges actions based on whether they follow
certain rules. It is sometimes described as "duty" or "obligation" or "rule" -based ethics,
because rules "bind you to your duty".
3.) Rawlsian Justice - dictates that society should be structured so that the greatest possible
amount of liberty is given to its members, limited only by the notion that the liberty of any one
member shall not infringe upon that of any other member.
4.) Moral Universalism vs. Relativism - The argument on whether or not there are universal
moral codes or they are arbitrarily constructed based on culture.
