Module 1 Quiz

a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles. Precedent forms the basis of much of Common Law. It is also closely related to the doctrine of Stare Decisis, literally the "thing has been decided" and given the facts of the new case, the decision should be the same.

A precedent is the chief executive officer of the United States. the fundamental procedure by which the government exercises its authority. a lawsuit in which a number of persons join together. a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles.

the rules, orders, and decisions of a government agency. Administrative law includes the rules, orders, and decisions of a government agency. Administrative law is the rules, orders, and decisions of governmental agencies and departments in support of laws passed by the legislature. Administrative law plays an important part in the regulatory environment of business

Administrative law includes laws enacted by a legislative body. all laws that affect business operations. the rules, orders, and decisions of a government agency. model laws developed by the National Conference of Commissioners on Uniform State Laws.

Wrongs committed against society for which society demands redress. Criminal statutes proscribe wrongs committed against society for which society demands redress. Simply stated, laws are put in place by legislative bodies to keep the citizens safe and secure in their daily lives. When one of these laws is broken, whether a simple traffic violation or a murder, the government prosecute the defendant, and if guilty, the judge will set the appropriate punishment within the limits defined by the law

Criminal statutes proscribe which of the following? The prosecution of private individuals by other private individuals. The prosecution of public officials by private individuals. The relief available when a person's rights are violated. Wrongs committed against society for which society demands redress

the geographic area in which a court has the power to apply the law. The word jurisdiction is defined as the legal power to make decisions and order actions. In US law this is generally applied to geographic areas at the national, state, or local level.

Each court has a jurisdiction. Jurisdiction is best defined as a judicial proceeding to redress a wrong. a situation giving a person a right to initiate a judicial proceeding. a doctrine that follows established precedents. the geographic area in which a court has the power to apply the law

is incorrect or inapplicable. In a case the court may rule contrary to a precedent of the court decides the precedent is incorrect or inapplicable. Precedents are applied when the facts of the case are similar to or exactly the same as a prior case. The judge may decide that the precedents cited do not meet that standard or were simply incorrect.

In a case the court may rule contrary to a precedent if the court decides that the precedent is not in line with the judge's personal values. would lead to unintended consequences. is incorrect or inapplicable. would not bring about the result the judge prefers.

obtain a remedy to compensate the injured party. In a civil case, the object is to compensate the injured party. In most civil cases today, compensation is in the form of monetary damages. Damages can be awarded for the actual loss/injury or can also include an additional amount as a penalty.

In a civil case, the object is to resolve a dispute to the satisfaction of all concerned parties. obtain a remedy to compensate the injured party. take coercive action against a violating party. punish a wrongdoer to deter others from similar actions

punish a wrongdoer to deter others from similar actions. In a criminal case, the object is to punish a wrongdoer to deter others from similar actions. Criminal laws are in place to keep citizens safe and secure in their daily lives. While rehabilitation was the aim of criminal sentences in the past, punishment is now the remedy seen as the most effective deterrent.

In a criminal case, the object is to obtain a remedy to compensate the injured party. punish a wrongdoer to deter others from similar actions. take coercive action against a violating party. resolve a dispute to the satisfaction of all concerned parties.

Privacy This may violate Kaya's right to privacy. While there is no explicit mention of a right to privacy in the US Constitution, courts have implied and inferred a right to privacy in the Fourth Amendment's prohibition of unreasonable search and seizure.

Jamal, a law enforcement official, monitors Kaya's Internet activities—e-mail and website visits—to gain access to her personal financial data and student information. This may violate Kaya's right to privileges and immunities. free exercise. privacy. free speech

statutory law. Laws enacted by legislative bodies at any level of government are referred to as statutory law. Statutory law, or statutes, are laws enacted by legislative bodies. This is in contrast to common law, a body of law that has evolved over time through a series of court cases.

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as the supreme law of the land. statutory law. uniform law. the basis of all law in the United States.

the supremacy clause. Most likely, the state law violates the supremacy clause. The supremacy clause of the US Constitution gives precedence to federal law over state laws and state constitutions.

NatGas Corporation obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacts a law that bans gas pipelines in that area. Most likely, the state law violates the due process clause. the supremacy clause. no provision in the US Constitution. the commerce clause.

limits and powers. The US Constitution sets forth the government's limits and powers. Articles I through VI define the powers and responsibilities of the US Government. The 27 Amendments, especially the Bill of Rights (Amendments 1 - 10) define the limits to the power of the government.

The US Constitution sets forth the government's -limits and powers. -limits, but not powers. -neither limits nor powers. -powers, but not limits.

commercial transactions. The Uniform Commercial Code provides a set of rules governing commercial transactions. The Uniform Commercial Code was created in 1952 and adopted by all 50 states and the District of Columbia to facilitate commerce between the states in a uniform but flexible manner.

The Uniform Commercial Code provides a set of rules governing administrative processes. state legislative adoptions. commercial transactions. congressional procedures.

civil law. The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is civil law. From the text, "Typically, in a civil case, a private party sues another private party who has failed to comply with a duty." The government can also sue a private citizen or a firm for failing to comply with a duty. This is a common outcome in corporate cases where guilt is ascribed to the corporation itself rather than a named individual

The classification of law that concerns the rights and duties that exist between persons and between citizens and their government is civil law. legal positivism. natural law. criminal law.

the commerce clause. The federal government has the power to regulate commercial activities among the states under the commerce clause. The commerce clause was first applied in the 1824 case Gibbons vs. Ogden which involved two rival ferryboat companies crossing the Hudson River in New York City. Gibbons was granted a license by the federal government to operate his boat however New York State gave exclusive rights to Ogden. The Marshall Court ruled in favor of Gibbons and using the Supremacy clause as justification, settled the dispute.

The federal government has the power to regulate commercial activities among the states under the privileges and immunities clause. the commerce clause. the full faith and credit clause. the First Amendment.

equal protection. A court would likely review this ordinance under the principles of equal protection. The court will want to examine the reasons why certain vendors were or were not granted licenses to operate with a special eye to discrimination on the basis of race, sex, national origin, or religion.

To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of free exercise. interstate commerce. free speech. equal protection

the plaintiff The plaintiff is the suing party. The defendant is the party being sued.

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is the persuasive authority. the case of first impression. the plaintiff. the defendant