QUESTIONS AND ANSWERS GRADED A+
●● Legal positivism.
Answer: The law is what the sovereign says it is.
●● Natural law.
Answer: An unjust law is no law at all.
●● Legal realism.
Answer: Who enforces the law is more important than what the law
says.
●● Primary sources of law.
Answer: The primary sources of contemporary law include the United
States Constitution, statutes, common law, court orders, administrative
law, and treaties.
●● Common law.
Answer: Evolves in awkward fits and starts due to the contradictory
purposes of predictability and flexibility.
●● Stare decisis.
, Answer: Means 'let the decision stand' and indicates that once a court
has decided a particular issue, it will generally apply the same rule in
future cases.
●● Bystander rule.
Answer: Generally holds that no one has a duty to assist someone in
peril unless the bystander created the danger.
●● Statutory interpretation.
Answer: Courts interpret a statute using the plain meaning rule,
legislative history and intent, and public policy.
●● Legislation process.
Answer: Bills originate in Congressional committees and must pass both
houses and be signed by the president to become a statute.
●● Rulemaking.
Answer: Agencies may promulgate legislative rules with the effect of
statutes or interpretive rules that merely interpret existing statutes.
●● Investigation powers of agencies.
Answer: Agencies have broad investigatory powers and may use
subpoenas and warrantless searches.