Chapter 1 Smartbook

A charge of homicide would be a violation of ________ law

Criminal

_______ law sets a structure and rules for pursuing _______ rights.

Procedural, substantive

A generic definition of law would include: _______. (Pick all correct answers)

a body of rules or actions prescribed by a controlling authority having legal force

________ law is the source of law that authorizes the exercise of authority by executive branch agencies and independent government agencies

administrative

Statutory law is created by a legislative body and approved or disapproved by the _______ branch of government.

executive

Over the course of three millennia, the purpose of law evolved to ensure _______ and _______. (Choose two best answers)

fairness consistency

Some countries, such as Japan use a(n) _______ law system that requires courts to adhere to a strict interpretation of a legislatively established code and little use of _______.

civil precedent

Historically, recorded law was initially a(n) ________ made by a powerful tribal chieftain to perpetuate his domination

collection of rules

In the United States, examples of primary sources of law would include: _______.

constitutional law statutory law common law

The _______ sets and enforces regulations on some industries and the courts are highly _______ agency decisions and enforcement.

deferential to EPA

________ law is the source of law that authorizes the exercise of authority by executive branch agencies and independent government agencies.

Administrative

________ law is essentially court-made law that has not specifically been passed by the legislature.

Common

_______ means that constitutional law is supreme over other sources of law such as state statutes.

Preemption

If a party to a contract breaks her promise to the other party she might be liable for ________ contract

Breach of

_______ and justice would be applied in a court of equity.

Fairness

Besides English, much of the language of American law is a combination of ______ and ______ roots. (Choose two correct answers)

Latin French

_______ is a body of _______ of action prescribed by a controlling ______ and having binding legal _______. (Choose the answer with words in the right order)

Law, rules, authority, force

_______ that causes a personal injury would be an example of civil law.

Negligence

_______ is the application of law from previous cases to current cases with substantially similar circumstances.

Precedent

A measure of judicial action intended to compensate an injured party in a civil lawsuit is known as a _______.

Remedy

_______ law provide individuals with rights and create certain duties.

Substantive

_______ law is the foundation for all other law in the United States and is the _______ law of the land.

Supreme Constitutional

If a party to a contract breaks her promise to the other party she might be liable for ________ contract.

breach of

The law is a catalyst for commerce because it promotes _______ among merchants and consumers and giving some degree of ________ that can be considered in business planning and commercial transactions.

good faith dealing Reliability

Early English courts were classified under the king's authority as either courts of _______, or courts of _______.

law equity

Legal terms are sometimes referred to as ______ or _______. (Choose two correct answers)

legalese jargon

Constitutional law is different from other sources of law primarily in terms of _______ and _______.

permanence preemption

The principle of _______ requires all lower courts, such as trial courts, to follow the case precedent, meaning that any similar case from that point in time onward would be decided according to the _______.

precedent stare decisis

Administrative law would be an example of a _______ source of law.

primary

Constitutional law: (1) established _______, (2) granted _______ powers to the federal government; and (3) provided _______ protections for U.S. citizens from wrongful government actions.

procedural specific federalism

The law sets out a system for _______ among the parties by providing a basis for deciding their legal interests and rights.

resolving disputes

The most common forms of equitable relief include: ___________.

restraining orders injunctions specific performance

The remedy for breach of contract may depend on the classification of contracts as _______ law with ________ rights in dispute. (Choose two correct answers)

substantive civil