top-rated free essay

Chapter One Review

By howard1986 Apr 14, 2013 599 Words
Chapter 1 Review
Legal Environment

1.Describe the 4 primary sources of law:
a.Constitutional- Federal Supreme law of the land. Gives us our rights, outlines powers of government and delegates powers to different branches of government. b.Statutes- Federal and State Laws. Uniform Laws: codified laws written down. The Uniform Commercial Code (UCC) facilitates commerce and governs trade in state, out of state, and on Indian reservations. c.Administrative rules and regulations- Federal regulation of agencies. EX: OSHA, EPA, FDA, etc. Put in place by executive order. d.Common Law- Local law and heritage laws that are written down. Based off historical law or traditions.

2.What is the Hierarchy among sources of American Law? (remember there are 7) a.Constitutional Law
b.Federal Statutes
c.Federal Administration and Regulation
d.State Constitutional Law
e.State Statutes
f.State Based Regulations
g.Common Law or Traditional Law

3.Define Stare Decisis. Why is it such an important doctrine for law? It means to stand on decided cases. It is a judge made law and each decision becomes precedent. Courts are obliged to follow binding precedents within their jurisdiction. In first impression cases a court may refer to public policy, or widely held social values to make a decision.

4.What are the basic steps in legal reasoning?
Issue- What are the key facts and issues?
Rule- What rules of law apply to the case?
Application- How do the rules of law apply to the particular facts and circumstances of this case? Conclusion- What conclusion should be drawn?

5.Describe the following forms of legal reasoning:
a.Deductive Reasoning- a logical relationship involving a premise and a conclusion. b.Linear Reasoning- proceeding from one point to another, with the final point being the conclusion. c.Reasoning by Analogy- to compare facts in the case to facts in a previous case, and if they are similar, to apply the same rule of law. 6.Define the following classifications of law:

a.Substantive Law- defines and creates the rights and obligations of persons and governments. Consists of all laws that define, describe, regulate and create legal rights and obligations. b.Procedural Law- laws that outline the methods of enforcing the rights established by substantive law c.Civil Law- spells out the rights and duties that exist between persons and between persons and their governments, and the relief available when a person’s rights are violated. d.Criminal Law- concerned with wrongs committed against the public as a whole. Defined and prohibited by local, state or federal government statutes. e.Cyber Law- the body of law that governs transactions conducted via the internet.

7.Case Terminology:
a.Judgment- the final order or decision resulting from a legal action. b.Opinion- a statement by the court expressing the reasons for its decision in the case. c.Unanimous Opinion- a court opinion in which all of the judges or justices of the court agree to the court’s decision. d.Per Curiam Opinion- by the whole court; a court opinion written by the court as a whole instead of being authored by a judge or justice. e.Majority Opinion- a court’s written opinion, outlining the views of the majority of the judges or justices deciding the case. f.Plurality Opinion- the controlling opinion when no majority opinion exists. g.Concurring Opinion- a written opinion outlining the views of a judge or justice to make or emphasize a point that was not made or emphasized in the majority opinion. h.Dissenting Opinion- a written opinion by a judge or justice who disagrees with the majority opinion.

Cite This Document

Related Documents

  • Chapter One

    ...my life to lose. Oh well. I’m surprised to see myself still alive. I look around, and yay. Instead of a cubic marble room, I’m in a cubic jade room. Nice improvement. I look around, once again looking to an answer to my new puzzle. At the top of the ceiling, I see a bright blue block, bulging out like a button. But from my height, it’s w...

    Read More
  • Chapter One

    ...ALCOHOL ABUSE, SELF ESTEEM AND TEENAGE PREGNANCY AMONG ADOLESCENTS CHAPTER ONE INTRODUCTION Background of the study Teenage pregnancy is the pregnancy that occurs under twenty years of age. In Uganda, the teenage pregnancy rate stands at 31% according to the Uganda Demographic Health Survey of 2006(UDHS, 2006). Regarded as the most troubling...

    Read More
  • a good one

    ...Name Class Date Ecosystems and Communities Chapter Test A (removed questions on Freshwater and Marine Ecosystems) Multiple Choice Write the letter that best answers the question or completes the statement on the line provided. _____ 1. How does an area’s weather differ from the area’s climate? a. Weather involves...

    Read More
  • Howard Zinn Chapter One

    ...Columbus has always been portrayed as an enlightened, peaceful explorer who “discovered” a new world, and became friends with the native people. Howard Zinn’s view on Columbus’s encounter with the natives is an entirely different perspective. Zinn describes Columbus as a man who is willing to torture and kill others to be able to accompl...

    Read More
  • Chapter one quiz

    ...Chapter 1 – A World of Art Multiple Choice Questions with Slides 1. (Slide: Christo and Jeanne-Claude’s Umbrellas, Japan and United States) (figs. 1-2; pp. 9-10) The Umbrella Project is a typical artwork by the collaborative team: a) Robert Smithson and Nancy Holt b) Christo and Jeanne-Claude c) Herbert and Dorothy Vogel d) Ron...

    Read More
  • Social Media Chapter One

    ...when the sources of books in the library are few. Not all the time, researchers get lot of information in the library. Platforms like Myspace, Facebook, and Linkedin have created online communities where people can share as much or as little personal information as they desire with other members. The result is an enormous amount of information...

    Read More
  • Chapter 22 Review

    ...Chapter 22 page 598 1. What is the commonly accepted age of Earth? a) 4.6 Billion years 2. Which of the following was not a source of heat for the early Earth? a) hydrothermal energy 3. What are small asteroids called? a) meteoroids 4. What is the process by which a planet becomes internally zoned when heavy materials toward its center ...

    Read More
  • Chapter 2 CM Review

    ...nonverbal messages? a. Nonverbal messages account for most of the total meaning of a message. b. People will focus more on the verbal message. c. People tend to ignore the nonverbal cues. d. People are more sensitive to messages expressed through words than through actions. 6. Listening for feelings normally takes place in a one...

    Read More

Discover the Best Free Essays on StudyMode

Conquer writer's block once and for all.

High Quality Essays

Our library contains thousands of carefully selected free research papers and essays.

Popular Topics

No matter the topic you're researching, chances are we have it covered.