BLAW 2301 Betanzos Exam 1 (Ch. 1, 2 & 4-9) Key
Terms With Complete Solutions
What is a Law? - ANSWER The system of rules which a particular country or
community recognizes as regulating the actions of its members and which it may
enforce by the imposition of penalties.
Is Everything in Law Black and White? - ANSWER Nope. There is tension in the
law, there is always the need for stability and/or change, and that is why there is
a reason for the existence of judiciary entities.
What is the role of the US Constitution? - ANSWER It establishes Congress, the
Presidency, and Courts (branches of government), it gives to states powers not
given to Federal government, and it guarantees basic rights to all citizens.
What do State Constitutions do? - ANSWER They create state executive,
legislative & judicial systems.
What are statutes? - ANSWER A written law passed by a legislative body, either
on a federal or state level.
What is Common Law? - ANSWER A body of unwritten laws based on legal
precedents established by the courts. Common law influences the decision-
making process in unusual cases where the outcome cannot be determined
based on existing statutes or written rules of law.
What is the Doctrine of Stare Decisis? - ANSWER a Latin term meaning "to stand
by that which is decided. Basically, it is a legal doctrine that obligates courts to
follow historical cases when making a ruling on a similar case. ... Simply put, it
binds courts to follow legal precedents set by previous decisions.
What is Administrative Law? - ANSWER Law created by agencies; the body of
law that regulates the operation and procedures of government agencies
(usually in the executive branch).
What are court orders? - ANSWER A direction issued by a court or a judge
requiring a person to do or not do something.
What is equity? - ANSWER The principle that courts may issue rulings such as
injunctions to provide an equitable remedy.
, What is the difference between Criminal Law and Civil Law? - ANSWER Criminal
Law: Dangerous behavior outlawed by society, government prosecutes
accused, guilt is determined, and punishment or fine is imposed. Civil Law:
Regulates rights and duties between parties, victim, not government brings suit,
guilt not determined, compensation, or equitable relief, is ordered.
What is a plaintiff and what is a defendant? - ANSWER Plaintiff: a person who
brings a case against another in a court of law. Defendant: an individual,
company, or institution sued or accused in a court of law.
Why is the law important? - ANSWER We depend upon the law to give us a stable
nation and economy, a fair society, a safe place to live and work. ...But while law
is a vital tool for crafting the society we want, there are no easy answers about
how to create it.
What are ethics? - ANSWER Moral principles that govern a person's behavior or
the conducting of an activity.
Is it possible for an ethical action to be illegal, and for a legal action to be
unethical? - ANSWER Yes! Ex of an ethical action being illegal: Assisted Suicide
for someone in Terminal Condition. Ex of a legal action that is unethical: Martin
Shkreli raising prices on exclusive medicine.
Why should we as a society be ethical? - ANSWER Society as a whole benefits by
encouraging economic competition; no one wants to compete with unfair
competitors, people feel better when they behave ethically, and unethical
behavior can be costly. What is the cost of a lost reputation?
What are the four theories of ethics? - ANSWER 1.) Utilitarian Ethics -
Utilitarianism is a family of consequentialist ethical theories that promotes
actions that maximize happiness and well-being for the majority of a population.
2.) Deontological Ethics - a type of ethics that judges actions based on whether
they follow certain rules. It is sometimes described as "duty" or "obligation" or
"rule" -based ethics, because rules "bind you to your duty".
3.) Rawlsian Justice - dictates that society should be structured so that the
greatest possible amount of liberty is given to its members, limited only by the
notion that the liberty of any one member shall not infringe upon that of any
other member.
4.) Moral Universalism vs. Relativism - The argument on whether or not there are
universal moral codes or they are arbitrarily constructed based on culture.
What are a few catalysts for ethical traps? - ANSWER Money, Competition,
Rationalization, The lack of objectivity towards ourselves, Conflicts of Interest,
Conformity, "Following Orders", Euphemisms & Refraining, Being lost in a
crowd, Short-term perspective, and Blind Spots.
Terms With Complete Solutions
What is a Law? - ANSWER The system of rules which a particular country or
community recognizes as regulating the actions of its members and which it may
enforce by the imposition of penalties.
Is Everything in Law Black and White? - ANSWER Nope. There is tension in the
law, there is always the need for stability and/or change, and that is why there is
a reason for the existence of judiciary entities.
What is the role of the US Constitution? - ANSWER It establishes Congress, the
Presidency, and Courts (branches of government), it gives to states powers not
given to Federal government, and it guarantees basic rights to all citizens.
What do State Constitutions do? - ANSWER They create state executive,
legislative & judicial systems.
What are statutes? - ANSWER A written law passed by a legislative body, either
on a federal or state level.
What is Common Law? - ANSWER A body of unwritten laws based on legal
precedents established by the courts. Common law influences the decision-
making process in unusual cases where the outcome cannot be determined
based on existing statutes or written rules of law.
What is the Doctrine of Stare Decisis? - ANSWER a Latin term meaning "to stand
by that which is decided. Basically, it is a legal doctrine that obligates courts to
follow historical cases when making a ruling on a similar case. ... Simply put, it
binds courts to follow legal precedents set by previous decisions.
What is Administrative Law? - ANSWER Law created by agencies; the body of
law that regulates the operation and procedures of government agencies
(usually in the executive branch).
What are court orders? - ANSWER A direction issued by a court or a judge
requiring a person to do or not do something.
What is equity? - ANSWER The principle that courts may issue rulings such as
injunctions to provide an equitable remedy.
, What is the difference between Criminal Law and Civil Law? - ANSWER Criminal
Law: Dangerous behavior outlawed by society, government prosecutes
accused, guilt is determined, and punishment or fine is imposed. Civil Law:
Regulates rights and duties between parties, victim, not government brings suit,
guilt not determined, compensation, or equitable relief, is ordered.
What is a plaintiff and what is a defendant? - ANSWER Plaintiff: a person who
brings a case against another in a court of law. Defendant: an individual,
company, or institution sued or accused in a court of law.
Why is the law important? - ANSWER We depend upon the law to give us a stable
nation and economy, a fair society, a safe place to live and work. ...But while law
is a vital tool for crafting the society we want, there are no easy answers about
how to create it.
What are ethics? - ANSWER Moral principles that govern a person's behavior or
the conducting of an activity.
Is it possible for an ethical action to be illegal, and for a legal action to be
unethical? - ANSWER Yes! Ex of an ethical action being illegal: Assisted Suicide
for someone in Terminal Condition. Ex of a legal action that is unethical: Martin
Shkreli raising prices on exclusive medicine.
Why should we as a society be ethical? - ANSWER Society as a whole benefits by
encouraging economic competition; no one wants to compete with unfair
competitors, people feel better when they behave ethically, and unethical
behavior can be costly. What is the cost of a lost reputation?
What are the four theories of ethics? - ANSWER 1.) Utilitarian Ethics -
Utilitarianism is a family of consequentialist ethical theories that promotes
actions that maximize happiness and well-being for the majority of a population.
2.) Deontological Ethics - a type of ethics that judges actions based on whether
they follow certain rules. It is sometimes described as "duty" or "obligation" or
"rule" -based ethics, because rules "bind you to your duty".
3.) Rawlsian Justice - dictates that society should be structured so that the
greatest possible amount of liberty is given to its members, limited only by the
notion that the liberty of any one member shall not infringe upon that of any
other member.
4.) Moral Universalism vs. Relativism - The argument on whether or not there are
universal moral codes or they are arbitrarily constructed based on culture.
What are a few catalysts for ethical traps? - ANSWER Money, Competition,
Rationalization, The lack of objectivity towards ourselves, Conflicts of Interest,
Conformity, "Following Orders", Euphemisms & Refraining, Being lost in a
crowd, Short-term perspective, and Blind Spots.
