Chapter 1 BLAW
Criminal law
A classification of law involving the rights and responsibilities an individual has with respect to the public as a whole.
Historical school or tradition
A school of jurisprudence that uses traditions as the model for future laws and behavior.
Legal Positivism
A school of jurisprudence which holds that because society requires authority, a legal and authoritarian energy should exist
Legal Realism
A school of jurisprudence which holds that context must be considered as well as law.
Identification with the vulnerable
A school of jurisprudence which holds that society should be fair.
Which of the following is true regarding treaties at the federal level?
A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate.
Treaty
Binding agreement between two states or international organizations. (NAFTA and the GATT).
Susan is told by Betty that Bob stole her business law book from her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob had Susan arrested for slapping him. Susan sues Bob for damages in the amount of the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. Bob is anxious to see Susan punished for slapping him. Which of the following is true regarding action Bob can take?
Bob's privately retained lawyer may not prosecute Susan because that is the government's job, but the privately retained lawyer can bring a civil action against Susan.
Private law
Businessperson owning a tech store and is delinquent in paying rent to landlord)
Natural law
Concept suggests that individuals should have the freedom to disobey a law enacted by majorities of people if their individual conscience goes against the law and they believe the law is wrong
Assume the Securities and Exchange Commission prosecutes someone for insider trading. That prosecution is an example of ______ law.
Criminal
Which of the following applies to situations in which someone commits an act against the public as a unit?
Criminal law
Cost-benefit analysis
Economic school of jurisprudence in which all costs and benefits of a law are given monetary values. Those laws with the highest ratios of benefits to costs are then preferable to those with lower ratios. (looking at all of the positive/negative externalities).
A decision from the New Jersey Supreme Court is binding on the New York trial court.
False
Constitutions are complete in the sense of covering the detailed rules that affect government and business relations.
False
Crimes are prosecuted by individuals.
False
If a pet store dumps waste from its business behind its building, it is a violation of a international law.
False
Private law involves disputes between private individuals and their government.
False
Stare decisis is a legal principle that rulings made by lower courts are binding on higher courts in the same jurisdiction.
False
Statutory law is another name for common law.
False
The Executive Branch creates statutory laws.
False
The term "stare decisis" means "reversing the decision."
False
Civil law
Involves the remedies available when someone's rights are violated.
The following is not a primary source of law
Law school textbook
Uniform laws
Laws created to account for the variability of laws among states
Assume a judge writes that she is deciding to enforce a law in question but that her decision does not mean that she sees the law as the morally correct rule. The judge would have leanings in the direction of ______.
Legal Positivism
While cutting class and driving off campus to check on her new dress for the upcoming formal, Molly, a busy college student, is busy talking on her cell phone with her friend Sharon in an attempt to talk Sharon into going to the dance with Molly's brother who has a big crush on Sharon. Unfortunately for Molly, there is a statute in her state outlawing talking on a cell phone while operating a motor vehicle. Molly crashes into the side of Sam's new convertible when she looks down to pick up a can of soda she just dropped onto her new jeans. A police officer just down the street comes over to investigate. Molly explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Sam comes along. He is furious regarding the significant dent in his new car. Molly says she has insurance and that she will cover the whole incident. Sam says that is insufficient. The officer is annoyed because it is his lunch break. He tells Molly that she must obey the law, and proceeds to write several citations to her. The officer's reference to the need for Molly to obey duly authorized law is a reference to which of the following?
Legal positivism
Alice loves all animals and is starting a new grooming business for dogs. She believes that animals are very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Alice thinks some local regulations make no sense. For example, there is a local ordinance that all dogs must be kept on a leash at all times when not in a fenced area. Although Alice lives on a large lot with plenty of room for dogs to run free, she plans to obey the leash regulation and all others. She is aware, however, that members of the community have had success in changing local regulations by petitioning city council. Alice plans to proceed in that manner to attempt a change in the leash law. Alice's idea that dogs have basic rights, and her plan to exceed laws involving cleanliness and health standards is rooted in which of the following?
Natural Law
Legal positivism
Natural law in many ways, is the opposite of _______.
The following is not a primary source of law
Restatements of the law
Public law
Store dumps waste behind its building in violation of local, state, or federal environmental regulations
Restatements of law
Summaries of common law rules in a particular area of law
Connie, the president of a company that makes paper, has a new interest in the environment. She recently went to a seminar on environmental dangers and has decided to take steps to clean things up. She started at home and was also convicted to change things at work. Connie had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. On her mission to clean things up, Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics. Connie, however, decides to go forward with her plan to clean things up under the theory that she wants to treat others in the same manner that she wants to be treated. Under Connie's theory, if she did not understand the importance of the environmental improvements, she would want them to be thrust upon her. Connie's idea is best referred to as ______.
The Golden Rule
Legislative acts passed by the U.S. Congress can be found in ______.
The U.S. code
Statutes
The assortment of rules and regulations put forth by legislatures.
Precedent
The use of past decisions to guide future decisions
Case law
These interpretations are law unless revoked by a new statutory law.
Uniform laws
These laws serve to standardize the otherwise different state laws.
devil's advocate
To present a counter argument; better decisions are made when we see 2 viewpoints
A binding precedent is a judicial decision that a court must follow.
True
A decision of a state supreme court is binding on the trial court located in the same state.
True
A main purpose of stare decisis is to create greater predictability for businesses and individuals.
True
Crimes are prosecuted not by individuals but by the state or federal government
True
No market transactions occur without legal guidelines.
True
Public law involves disputes between private individuals or groups and their government.
True
The Legislative Branch creates statutory laws.
True
U.S. Presidents claim the power to issue executive orders on the basis of the constitutional power to "take care that the laws be faithfully executed."
True
When courts rely on precedent, they are obeying stare decisis ("standing by their decision")
True
The UCC is
Uniform Commercial Code
The ______ is a significant body of law to business activities including sales, banking, and warranty.
Uniform Commercial Code
Uniform laws
Uniform Commercial Code (UCC)
Business law; enforceable
_______ rules of conduct that govern commercial relationships.
Legal Realism
a farmer losing all of his crops for the rest of the season due to the expansion of railroads, he loses all of his wealth and will usually sue the railroad. Because of the economic and social conditions at the time judges will always rule in favor of the railroads; favoring practicality
Restatements of law
do not carry the weight of law but can be used to guide interpretations of particular cases; a secondary source of law
Legal Realism
includes factors such as economic conditions and social conditions
Legal Positivism
not running a red light even when no one is looking; slowing down when seeing a police officer
Identification with the vulnerable
particular attention to the poor, ill, and elderly
Who can issue executive orders?
the president and state governors
Is there a difference between civil law and civil legal system?
yes
What are the purposes of law?
1. providing order so that people can depend of a promise or an expectation of obligations 2. Serving as a moral guise by indicating minimal expectations of citizens and organizations 3. Serving as an alternative to fighting 4. Facilitating a sense that change is possible, but only after a rational consideration of options 5. Encouraging social justice 6. Guaranteeing personal freedoms
Case law
Also called common law
Uniform laws
Also called model laws
Which of the following prepares Restatements?
American Law Institute
Which of the following involves remedies available to an individual when his or her rights are violated?
Civil Law
Which type of law involves the rights and responsibilities involved in relationships between persons, and between persons and their government?
Civil law
An alternative name for case law is _____________________________. These interpretations are law unless they are revoked later by new statutory law.
Common law
Public law
Disputes between private individuals or groups and their government.
Private law
Disputes between private individuals or groups; everyone who is not part of the government
Case law
The collection of legal interpretations made by judges.
Administrative law
The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes.
Assume an issue is decided by a state supreme court. On what cases is that decision binding?
The decision being appealed from and future cases in the state, but not past cases.
Constitutional law
The general limits and powers of the federal and state governments as stated in their written Constitutions.
Alice loves all animals and is starting a new grooming business for dogs. She believes that animals are very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Alice thinks some local regulations make no sense. For example, there is a local ordinance that all dogs must be kept on a leash at all times when not in a fenced area. Although Alice lives on a large lot with plenty of room for dogs to run free, she plans to obey the leash regulation and all others. She is aware, however, that members of the community have had success in changing local regulations by petitioning city council. Alice plans to proceed in that manner to attempt a change in the leash law. Alice's plan to seek change through following what others have done in the past by petitioning city council is rooted in which of the following?
The historical school
Natural law
The idea that people have basic human rights. (Nelson Mandela, Martin Luther King Jr. proposing Jim Crow laws, Ghandi)
Natural law
The idea that there are certain ethical laws and principles that are morally right and "above" the laws devised by humans.
Executive Orders
The president and state governors can issue directives requiring that officials in the executive branch perform their functions in a particular manner. (EO 13496)
Civil law
The rights and responsibilities found in relationships between persons and between persons and their government.
Law; enforced
The rules of conduct in any organized society that are ______ by the governing authority of the community.
Law
The rules of conduct in any organized society that are enforced by the governing authority of the community
Historical school or tradition
also called tradition or custom; if it's not broke don't fix it
Business law
buyers and sellers interact in market exchanges within the rules that indicate the boundaries of legal business behavior.