NCSU MIE 305 EXAM 1 | QUESTIONS
AND VERIFIED ANSWERS | TOP RATED
VERSION FOR 2026-2027 |RATED A + |
NEW AND REVISED
What are alternatives to common law in use in world legal systems? -
ANSWER- A civil-law or code-law system is one where all the legal
rules are in one or more comprehensive legislative enactments
Who or what was instrumental in Common law's development? -
ANSWER- Henry II
How did the Common Law come to be, and how was it spread across
England? - ANSWER- Henry II streamlined the court system and
standardized it throughout the land, requiring great deference be paid to
the decisions of the curia regis and developing a system of "ridings" and
"circuits". Judges would learn from each other the intended
interpretation of rulings from the curia regis, and as they shared their
own case decisions with each other, a general consensus among judges
of what the common law rule should be in a certain case with a certain
set of facts developed
What is judicial review, and why was Marbury v. Madison important to
that concept? - ANSWER- The power of the judiciary to review the
actions of the other branches of government and to set them aside as null
and void if they are in violation of the Constitution. In this case, they
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literally created for the court a power that the founding fathers had not
enumerated (spelled out) in the Constitution.
What are the four sources of law, and how do they fit hierarchically? -
ANSWER- (1) constitutions; (2) legislation; (3) administrative agencies;
and (4) common law rules.
What is the significance of Llewelyn and Hoebel's The Cheyenne Way?
- ANSWER- They used a rich oral history to transmit the rules from
generation to generation, there was no need to write the rules down or
put them in reference books anywhere.
Do legal systems have to be written? - ANSWER- For code law yes, for
civil and common law no.
What are the objectives of a legal system? - ANSWER- 1. Promote order
in society.
2. The ability for individuals and entities to achieve justice
3. Cultivate a sense of reasonableness.
criminal law - ANSWER- Legally enforceable rules that forbid certain
conduct as being detrimental to the welfare of the state or the people
generally, and provides punishment for their violation.
What is Vago's conflict perspectives? - ANSWER- It considers society
as consisting of individuals and groups characterized by conflict and
dissension and held together by coercion
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What are Vago's purposes and functions of law? - ANSWER- Maintain
order, dispute resolution, social change
What is Vago's consensus perspectives? - ANSWER- It considers law as
a neutral framework for maintaining social integration. Law is an
attempt to satisfy, to reconcile, to harmonize, to adjust these overlapping
and often conflicting claims and demands
private law - ANSWER- The body of law that pertains to the
relationships between individuals in an organized society. It
encompasses the subjects of contracts, torts, and property.
law merchant - ANSWER- Various rules of commerce and trade used by
business people to deal with one another beginning in the Middle Ages
and enforced by merchant guilds.
What is the importance of a Business Law course in a
business/management curriculum, and/or the importance of knowing
something about it to a businessperson? - ANSWER- The law is
important to modern business. The history of business reveals the
prominence of law. Educators today emphasize the role of law in
preparing tomorrow's business leaders.
How can business people use the law to a strategic advantage? -
ANSWER- Knowing legal rights and duties enhances one's ability to