Podcast
Questions and Answers
In a common law system, what is the primary role of judges?
In a common law system, what is the primary role of judges?
- To administer standardized tests to legal professionals.
- To enforce executive orders without judicial review.
- To determine the meaning of laws and how they apply to specific disputes. (correct)
- To draft legislation based on current societal needs.
Which legal principle is most closely associated with common law systems?
Which legal principle is most closely associated with common law systems?
- Voir dire
- Res judicata
- Stare decisis (correct)
- Habeas corpus
Which of the following is a key characteristic of civil law systems?
Which of the following is a key characteristic of civil law systems?
- Reliance on precedential cases is the primary source of legal authority.
- Emphasis is placed on legislation to determine the law. (correct)
- Judges are primarily responsible for creating laws through judicial opinions.
- Trial by jury is mandatory in all major civil disputes.
In a civil law system, what role does judicial precedent play?
In a civil law system, what role does judicial precedent play?
Which of the following countries primarily operates under a common law legal system?
Which of the following countries primarily operates under a common law legal system?
Which type of law deals with the government regulating society?
Which type of law deals with the government regulating society?
What characterizes private law?
What characterizes private law?
Which area of law is typically classified as public law?
Which area of law is typically classified as public law?
Which type of law defines rights, duties, and obligations?
Which type of law defines rights, duties, and obligations?
Which type of law outlines the methods and processes for enforcing rights and duties?
Which type of law outlines the methods and processes for enforcing rights and duties?
If a state legislature passes a law requiring all businesses to provide paid sick leave, would this be considered substantive or procedural law?
If a state legislature passes a law requiring all businesses to provide paid sick leave, would this be considered substantive or procedural law?
If a court establishes the rules for how evidence must be presented in a trial, is this substantive or procedural law?
If a court establishes the rules for how evidence must be presented in a trial, is this substantive or procedural law?
Bill sells a kilo of cocaine to Katrina, who is an undercover DEA agent. The government prosecutes Bill for drug dealing. Under which classification of law does this fall?
Bill sells a kilo of cocaine to Katrina, who is an undercover DEA agent. The government prosecutes Bill for drug dealing. Under which classification of law does this fall?
Bill sells a kilo of cocaine to Katrina, who is an undercover DEA agent. The government prosecutes Bill for drug dealing. The statute that prohibits the sale of drugs falls under which classification of law?
Bill sells a kilo of cocaine to Katrina, who is an undercover DEA agent. The government prosecutes Bill for drug dealing. The statute that prohibits the sale of drugs falls under which classification of law?
Dianne gives Freddie water for his overheated car after he promises to pay her $500; he refuses to pay her the next day. If Dianne sues Freddie for $500, will her lawsuit be governed by public or private law?
Dianne gives Freddie water for his overheated car after he promises to pay her $500; he refuses to pay her the next day. If Dianne sues Freddie for $500, will her lawsuit be governed by public or private law?
Dianne gives Freddie water for his overheated car after he promises to pay her $500; he refuses to pay her the next day. If Dianne sues Freddie for $500 for breach of contract, will her lawsuit involve issues of substantive or procedural law?
Dianne gives Freddie water for his overheated car after he promises to pay her $500; he refuses to pay her the next day. If Dianne sues Freddie for $500 for breach of contract, will her lawsuit involve issues of substantive or procedural law?
Arranged from highest to lowest, what displays the correct hierarchy of sources of law?
Arranged from highest to lowest, what displays the correct hierarchy of sources of law?
What is the purpose of the 14th Amendment's Due Process Clause?
What is the purpose of the 14th Amendment's Due Process Clause?
Which of the following actions would most likely be considered a violation of due process?
Which of the following actions would most likely be considered a violation of due process?
What is a primary goal of criminal sanctions?
What is a primary goal of criminal sanctions?
Which of the following is an example of a criminal sanction?
Which of the following is an example of a criminal sanction?
Which statement best describes the purpose of civil law?
Which statement best describes the purpose of civil law?
What is the purpose of compensatory damages in a breach of contract case?
What is the purpose of compensatory damages in a breach of contract case?
Which of the following is an example of a remedy in civil law?
Which of the following is an example of a remedy in civil law?
Which of the following is NOT a purpose of criminal sanctions?
Which of the following is NOT a purpose of criminal sanctions?
Brenda backs out of her driveway and hits her neighbor, causing the neighbor to have medical bills and miss some work. Which classification of law would apply to the neighbor's legal action to recover for damages?
Brenda backs out of her driveway and hits her neighbor, causing the neighbor to have medical bills and miss some work. Which classification of law would apply to the neighbor's legal action to recover for damages?
Brenda backs out of her driveway and hits her neighbor, causing the neighbor to have medical bills and miss some work. What remedy would most likely be used in this situation?
Brenda backs out of her driveway and hits her neighbor, causing the neighbor to have medical bills and miss some work. What remedy would most likely be used in this situation?
Which of the following accurately describes the concept of 'strict liability' in tort law?
Which of the following accurately describes the concept of 'strict liability' in tort law?
Which of the following statements accurately reflects the relationship between state and federal law in the United States?
Which of the following statements accurately reflects the relationship between state and federal law in the United States?
If Congress passes a law that conflicts with a state constitution, which law prevails?
If Congress passes a law that conflicts with a state constitution, which law prevails?
What is the primary function of state administrative rules and regulations?
What is the primary function of state administrative rules and regulations?
What distinguishes criminal law from civil law in terms of objectives?
What distinguishes criminal law from civil law in terms of objectives?
What is the significance of 'judicial decisions' in a common law system?
What is the significance of 'judicial decisions' in a common law system?
Which of the following is an example of a source of federal law in the United States?
Which of the following is an example of a source of federal law in the United States?
What is the role of a 'government official' in the context of public law?
What is the role of a 'government official' in the context of public law?
What is 'rescission' as a remedy for breach of contract?
What is 'rescission' as a remedy for breach of contract?
What is 'specific performance' as a remedy?
What is 'specific performance' as a remedy?
What is the purpose of 'punitive damages'?
What is the purpose of 'punitive damages'?
Flashcards
Common Law System
Common Law System
Emphasizes the role of judges in interpreting and applying laws.
Common Law
Common Law
The concept that judges' decisions set precedent for future cases.
Stare Decisis
Stare Decisis
Judges must follow prior decisions set by higher courts.
Civil Law System
Civil Law System
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Public Law
Public Law
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Private Law
Private Law
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Substantive Law
Substantive Law
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Procedural Law
Procedural Law
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U.S. Constitution
U.S. Constitution
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Federal Statutes
Federal Statutes
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Administrative Law
Administrative Law
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Enforcement of Laws
Enforcement of Laws
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Due Process
Due Process
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Criminal Law
Criminal Law
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Civil Law
Civil Law
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Compensatory Damages
Compensatory Damages
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Civil Law
Civil Law
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Criminal Law
Criminal Law
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Intentional Tort
Intentional Tort
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Negligence
Negligence
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Study Notes
- Classifications of Law include legal systems, public and private law, civil and criminal law, as well as substantive and procedural law.
Common Law Legal System
- Judges emphasize the meaning of laws and how they apply them.
- Common law legal systems include the United States, Great Britain, and their colonies.
- In the United States, the judicial department determines the meaning of the law.
- Judges in common law systems may determine the meaning of the Constitution and other laws.
- Legislation or acts of the executive branch can be declared void by judges.
- Judges' decisions in individual cases have a precedential effect on future cases.
- Stare Decisis means "Let the decision stand".
- Trial judges are required to follow prior decisions by certain higher courts.
- Common Law provides certainty, predictability, and consistency.
Civil Law Legal System
- Legislation determines what the law is.
- Civil Law is sometimes referred to as "Code" jurisdictions.
- Judges do not have to follow prior judicial decisions and precedents.
- Civil Law exists in Ancient Rome, France, and Louisiana.
- In civil law legal systems, the role of judges is reduced as compared to common law.
- The legislative branch drafts the law and determines its meaning.
- Statutes may be much more detailed.
- Common and Civil Law Systems are not the only legal systems.
- Other legal systems include Socialist law, Sharia Law and Islamic.
Public vs. Private Law
- Public Law involves regulations set by society and the government.
- Private Law involves relationships between individual/businesses and their resources.
- Examples of Public Law include Constitutional, Administrative, and Criminal Law.
- Examples of Private Law include Property, Contract, and Tort Law.
Civil vs. Criminal Law
- Civil Law involves harm caused by private injury, requesting damages or other relief besides punishment.
- Criminal Law involves government officials to prove a wrong committed against society, seeking to punish the wrongdoer.
Substantive vs. Procedural Law
- Substantive Law defines the relationships between people, or between people and the government, establishing rights, duties, and obligations.
- Procedural Law outlines methods and processes, for administering substantive law.
- Procedural Law enforces rights and duties.
Sources of Law
- Federal law includes the U.S. Constitution and statutes passed by Congress.
- State law includes state constitutions and statutes passed by state legislatures, including city and county ordinances.
- Administrative Law constitutes the rules, regulations, and rulemaking performed by state and federal agencies.
- Common Law includes judicial decisions made by state and federal courts.
Hierarchy of Law
- Order of law from highest to lowest:
- U.S. Constitution
- Federal statutes
- Federal administrative rules and regulations
- State constitutions
- State statutes
- State administrative rules and regulations
- Local ordinances
Enforcement of Laws/Sanctions
- Law is enforced by impacting a person's life, freedom, or property/resources.
- The 14th Amendment ensures "No State shall deprive any person of life, liberty or property without due process of law."
Criminal Law
- Criminal law prohibits certain behavior.
- Criminality needs to threaten society for law to outlaw it altogether.
Criminal Sanctions:
- Death
- Imprisonment
- Fines
- Removal from office
- Disqualifications from holding office, voting, or possessing a firearm
Purposes of Criminal Sanctions:
- Punish
- Deter
- Rehabilitate
- Protect
Civil Law
- Civil law regulates the rights and duties between parties.
Breach of Contract
- Remedies
- Compensatory Damages
- Consequential Damages
- Rescission
- Specific Performance
Torts
- Types
- Intentional
- Negligence
- Strict liability
Remedies
- Damages
- Compensatory damages make the plaintiff whole
- Punitive
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