MC 401 Test 1 - Bragg || with 100% Correct Answers.
The First Amendment correct answers Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition the government for a
redress of grievances.
Common Law correct answers judges decide cases, may be codified. Offers stability and
flexibility
(class ex: author of Girl w/ Dragon Tattoo was Sweedish)
Caveat Emptor correct answers let the buyer beware
Precedent Questions correct answers 1. When 2 cases are the same for precedent purposes
2. Why should the earlier decision affect the later one?
Problems with Judge-made Law correct answers lack of accountability
inconsistent in rulings
stare decisis correct answers let the decision stand
decisions based on precedents correct answers 1. uniformly applied law
2. assumed the correctness of precedent
4 Judicial precedent options correct answers 1. accept/follow
2. modify/update to fit new facts
3. distinguish (separate)
4. overrule
, Equity Law correct answers an action is fair and just
ex: divorce or bankruptcy
1. discretionary
2. not bound by precedent
3. not always monetary
Statutory law correct answers specific and precise
-bills are enacted and become statutes
Federal level: US code, city and county ordinances, laws made by state legislature, acts of
congress
-criminal laws are statutory laws
Administrative Law correct answers Regulates federal and state government agencies
-passes laws and regulations
-interprets those laws and regulations
-enforces compliance
ex: FDA, FCC, FEC, FTC, SEC, EPA
Executive Actions or Orders correct answers executive government officers make laws with
executive orders or proclamations
-based on existing statutory powers
-no action by congress or legislatures
ex: Homeland Security
executive restraints correct answers powers limited by the constitution or charter that established
the office
-can be overturned by the legislature or court if the executive has exceeded their power
The First Amendment correct answers Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition the government for a
redress of grievances.
Common Law correct answers judges decide cases, may be codified. Offers stability and
flexibility
(class ex: author of Girl w/ Dragon Tattoo was Sweedish)
Caveat Emptor correct answers let the buyer beware
Precedent Questions correct answers 1. When 2 cases are the same for precedent purposes
2. Why should the earlier decision affect the later one?
Problems with Judge-made Law correct answers lack of accountability
inconsistent in rulings
stare decisis correct answers let the decision stand
decisions based on precedents correct answers 1. uniformly applied law
2. assumed the correctness of precedent
4 Judicial precedent options correct answers 1. accept/follow
2. modify/update to fit new facts
3. distinguish (separate)
4. overrule
, Equity Law correct answers an action is fair and just
ex: divorce or bankruptcy
1. discretionary
2. not bound by precedent
3. not always monetary
Statutory law correct answers specific and precise
-bills are enacted and become statutes
Federal level: US code, city and county ordinances, laws made by state legislature, acts of
congress
-criminal laws are statutory laws
Administrative Law correct answers Regulates federal and state government agencies
-passes laws and regulations
-interprets those laws and regulations
-enforces compliance
ex: FDA, FCC, FEC, FTC, SEC, EPA
Executive Actions or Orders correct answers executive government officers make laws with
executive orders or proclamations
-based on existing statutory powers
-no action by congress or legislatures
ex: Homeland Security
executive restraints correct answers powers limited by the constitution or charter that established
the office
-can be overturned by the legislature or court if the executive has exceeded their power
