AGEC 3713 Exam 1 Questions with Correct Answers| Latest Update Guaranteed Success
What is the definition of "the law?" The body of rules that can be enforced by the authority
of a government (federal, state and local)
What are the principal means by which the government enforces legal obligations?
Declaration of independence and the constitution
How do you summarize the grant of authority to the government to enact, and then enforce,
the law? - The American legal system is founded on the concept that the people have the
right to govern themselves.
- The American people consented to the establishment of a government to maintain order.
- The American people also gave the government the power to enforce its laws.
Define constitutional law. The fundamental law of a government establishing the
government, defining its organization, and prescribing the limits and exercise of its powers.
Define statutory law. The codified laws passed by a governments legislative body.
Define administrative law. The body of agency-made law consisting of administrative rules,
regulations, and enforceable policies.
Define common/case law. The body of law that is derived from judicial precedent
How is constitutional law created? - Has a single occurrence
- Establishment through a constitutional convention.
How is statutory law created? Process is essentially the same at federal and state levels:
, - Bill is proposed by legislator in one house (and at federal level, revenue bills must originate in
the House).
-Bill must be approved by both houses of legislature.
-Bills must then be signed by chief executive, or vetoed. 2/3 majority of both houses required to
override veto.
How is administrative law created? - Regulations are created by delegation of the legislative
power to the administrative agencies.
- Procedure for creating regulations is governed by the Administrative Procedure Act.
How is common/case law created? - To get us started, most jurisdictions adopted the
common law of England.
- Arises from the interpretation of legal principles by courts to the specific situation before the
court
How is constitutional law modified? Process of amendment.
How is statutory law modified? - Unlike constitutional law, statutory law is modified all the
time.
- Process of modification is essentially the same as process of creation
How is administrative law modified? essentially, the same process as creation
How is common/case law modified? - Case law can be explicitly overridden by passage of a
statute or regulation.
- Judges can modify their interpretations of they feel that social policy dictates a new or
modified rule.
What is the definition of "the law?" The body of rules that can be enforced by the authority
of a government (federal, state and local)
What are the principal means by which the government enforces legal obligations?
Declaration of independence and the constitution
How do you summarize the grant of authority to the government to enact, and then enforce,
the law? - The American legal system is founded on the concept that the people have the
right to govern themselves.
- The American people consented to the establishment of a government to maintain order.
- The American people also gave the government the power to enforce its laws.
Define constitutional law. The fundamental law of a government establishing the
government, defining its organization, and prescribing the limits and exercise of its powers.
Define statutory law. The codified laws passed by a governments legislative body.
Define administrative law. The body of agency-made law consisting of administrative rules,
regulations, and enforceable policies.
Define common/case law. The body of law that is derived from judicial precedent
How is constitutional law created? - Has a single occurrence
- Establishment through a constitutional convention.
How is statutory law created? Process is essentially the same at federal and state levels:
, - Bill is proposed by legislator in one house (and at federal level, revenue bills must originate in
the House).
-Bill must be approved by both houses of legislature.
-Bills must then be signed by chief executive, or vetoed. 2/3 majority of both houses required to
override veto.
How is administrative law created? - Regulations are created by delegation of the legislative
power to the administrative agencies.
- Procedure for creating regulations is governed by the Administrative Procedure Act.
How is common/case law created? - To get us started, most jurisdictions adopted the
common law of England.
- Arises from the interpretation of legal principles by courts to the specific situation before the
court
How is constitutional law modified? Process of amendment.
How is statutory law modified? - Unlike constitutional law, statutory law is modified all the
time.
- Process of modification is essentially the same as process of creation
How is administrative law modified? essentially, the same process as creation
How is common/case law modified? - Case law can be explicitly overridden by passage of a
statute or regulation.
- Judges can modify their interpretations of they feel that social policy dictates a new or
modified rule.