MIE 305 Test 1 Questions And Answers 100% Verified

MIE 305 Test 1 Questions And Answers 100% Verified What is law? - answerthe system of rules which a particular country or community recognizes as regulating the actions of its memberss and which it may enforce by the impostition of penalties What is civil law? - answerno criminal charges, suing, divorcing, all about using the judicial legal power of state through the courts to resolve private disputes Private Law - answerTorts, contracts, property Public law - answerCriminal Law Constitutional Law Administrative Law Defendant - answerthe person being charged with a civil wrong doing Plaintiff - answerthe party that is seeking damages in a civil case In a criminal case there is a - answerprosecutor and a defendent the american system is both - answerwritten law and customary law T or F constitutional law has to be written - answerFalse; it does not have to be written How did the english common law system develop - answerhenry 2 tries to standardize the law. Judges begin to develop among themselves common rules for dealing with certain types of cases Precendent/ Stare decisis (stand by things decided) - answerThe doctrine of stare decisis means that courts look to past, similar issues to guide their decisions. Settles the matter in a way that is consistent with previous cases. "Like cases should be alike" T or F a precedent can be overturned - answerTrue Ratio decidendi - answerthe reason for deciding why did the court decide the way it did Civil law systems - answeralso called Code law a system of law based on legislation or codes, as in the European system of codified law the law of private disputes Common law - answera system of law based on precedent and customs What we use in the US the goals of a legal system should be to - answerpromote order, allow justice to be attained, cultivate a sense of reasonableness our law comes from what four basic sources (hierarchy of laws) - answerconstitutions, legislation, administrative law, and common law rules Legislation - answera law or set of laws statutes - answerwritten codified laws passed by a legislative body regulations - answeralso known as administraive law; regulates the operation and procedures of government agencies. case law - answerbased on precedents rather than constitutions or statues Law courts - answerhard to get into, formal, the sole remedy these courts could provide were money damages courts of equity (chancery courts) - answer- court founded on justice and fair play - if an individual could not obtain an adequate remedy in a court of law because of strict technicalities, they petitioned the king for relief Marbury v. Madison - answerThis case establishes the Supreme Court's power of Judicial Review