Pepperdine BA 358 Brian Link Midterm Terms And
Rules For Chapters 1,4, and 6
Stare Decisis - ANSWER let the decision stand
Common Law - ANSWER Judge Made Law, allows law to evolve naturally
Precident - ANSWER Tendency to decide current cases based off past cases
Federalism - ANSWER A system in which power is divided between multiple levels of
government which mirror each other
Statutes - ANSWER Written laws passed by legislator
Legislative power - ANSWER Authority to create new statutes
Judicial power - ANSWER Authority to interpret law and determine its validity
Executive power - ANSWER Authority to enforce laws
Fundamental rights - ANSWER Guaranteed not given by law
Court orders - ANSWER judges can place binding obligations on other parties
Administrative Law (Regulations) - ANSWER Agencies make rules regulating industries
Treaties - ANSWER Agreements made by two or more sovereign countries
Criminal Law - ANSWER Prohibits behavior that threatens society, can result in prison
Civil Law - ANSWER Regulates rights and duties between parties, can not result in
prison
Civil law burden of proof - ANSWER Preponderance of the evidence or 51% chance
Criminal Law burden of proof - ANSWER Beyond a reasonable doubt
Issue - ANSWER Question being decided by a case
Holding - ANSWER Result of a particular case
Who is the Plaintiff in a civil case? - ANSWER The party who sues
Who is the Plaintiff in a criminal case? - ANSWER The government
jurisprudence - ANSWER The philosophy of law
Sovereign - ANSWER The political power citizens obey, typically government
, Legal positivism - ANSWER Law is what the sovereign says
Natural Law - ANSWER Law must have a moral basis
Legal Realism - ANSWER What is written does not matter, law is based on who is
enforcing law. Judge's biases influences outcome more then actual law.
Tort violation - ANSWER Breech of duty based on civil law
Contract violation - ANSWER Breech of duty based on a legally enforceable agreement
Case law - ANSWER The rules of law announced in court decisions
Bystander obligations - ANSWER You have no duty to assist someone in peril unless you
created the danger
statutory interpretation - ANSWER Courts interpret the law to explain how statutes
should be applied to specific cases
Plain meaning rule - ANSWER When a statute has normal language with well known and
agreed upon definitions the statute is applied as written
Legislative history and intent - ANSWER If language is unclear the court will examine
committee hearings, reports etc in order to determine the intent behind the law
Public Policy - ANSWER If legislative history is unclear courts will interpret statutes in
the interest of the public good and through prior judicial decisions
On what issues does congress create statutes? - ANSWER New issues, unpopular
judicial interpretations, criminal law
What field of law is created entirely by statute? - ANSWER Criminal law
Executive agencies - ANSWER Federal agencies that are part of the executive branch
and who's heads can be removed by the president
Independent agencies - ANSWER Federal agencies who's heads can not be removed by
the president
Enabling Legislation - ANSWER A statute that describes a problem and creates a new
federal agency to regulate it
What does it mean for an agency to promulgate a rule? - ANSWER To create a new rule
What are interpretive rules made by agencies, do they change the law? - ANSWER
Interpretations of existing statutes, they do not change the law
What is the difference between the informal and formal rules making processes of
agencies? - ANSWER Informal rules have a public comment period, Formal rules require
Rules For Chapters 1,4, and 6
Stare Decisis - ANSWER let the decision stand
Common Law - ANSWER Judge Made Law, allows law to evolve naturally
Precident - ANSWER Tendency to decide current cases based off past cases
Federalism - ANSWER A system in which power is divided between multiple levels of
government which mirror each other
Statutes - ANSWER Written laws passed by legislator
Legislative power - ANSWER Authority to create new statutes
Judicial power - ANSWER Authority to interpret law and determine its validity
Executive power - ANSWER Authority to enforce laws
Fundamental rights - ANSWER Guaranteed not given by law
Court orders - ANSWER judges can place binding obligations on other parties
Administrative Law (Regulations) - ANSWER Agencies make rules regulating industries
Treaties - ANSWER Agreements made by two or more sovereign countries
Criminal Law - ANSWER Prohibits behavior that threatens society, can result in prison
Civil Law - ANSWER Regulates rights and duties between parties, can not result in
prison
Civil law burden of proof - ANSWER Preponderance of the evidence or 51% chance
Criminal Law burden of proof - ANSWER Beyond a reasonable doubt
Issue - ANSWER Question being decided by a case
Holding - ANSWER Result of a particular case
Who is the Plaintiff in a civil case? - ANSWER The party who sues
Who is the Plaintiff in a criminal case? - ANSWER The government
jurisprudence - ANSWER The philosophy of law
Sovereign - ANSWER The political power citizens obey, typically government
, Legal positivism - ANSWER Law is what the sovereign says
Natural Law - ANSWER Law must have a moral basis
Legal Realism - ANSWER What is written does not matter, law is based on who is
enforcing law. Judge's biases influences outcome more then actual law.
Tort violation - ANSWER Breech of duty based on civil law
Contract violation - ANSWER Breech of duty based on a legally enforceable agreement
Case law - ANSWER The rules of law announced in court decisions
Bystander obligations - ANSWER You have no duty to assist someone in peril unless you
created the danger
statutory interpretation - ANSWER Courts interpret the law to explain how statutes
should be applied to specific cases
Plain meaning rule - ANSWER When a statute has normal language with well known and
agreed upon definitions the statute is applied as written
Legislative history and intent - ANSWER If language is unclear the court will examine
committee hearings, reports etc in order to determine the intent behind the law
Public Policy - ANSWER If legislative history is unclear courts will interpret statutes in
the interest of the public good and through prior judicial decisions
On what issues does congress create statutes? - ANSWER New issues, unpopular
judicial interpretations, criminal law
What field of law is created entirely by statute? - ANSWER Criminal law
Executive agencies - ANSWER Federal agencies that are part of the executive branch
and who's heads can be removed by the president
Independent agencies - ANSWER Federal agencies who's heads can not be removed by
the president
Enabling Legislation - ANSWER A statute that describes a problem and creates a new
federal agency to regulate it
What does it mean for an agency to promulgate a rule? - ANSWER To create a new rule
What are interpretive rules made by agencies, do they change the law? - ANSWER
Interpretations of existing statutes, they do not change the law
What is the difference between the informal and formal rules making processes of
agencies? - ANSWER Informal rules have a public comment period, Formal rules require
