WITH VERIFIRED ANSWERS
\.Functions of Law - ANSWERS✔-1. keep the peace
2. enforce rules to maintain order
3. facilitate planning
4. promote social justice
5. prevent undesirable behavior
6. settle private and public disputes
7. provide clear rules on how institutions (like governments) should be run
\.Risk Management - ANSWERS✔-An evaluation of risks and how to minimize
those risks
\.jurisprudence - ANSWERS✔-the study and theory of law
\.Natural Law - ANSWERS✔--argues that laws exist because they are pre-existent
or handed down by a supreme being
-Contends that all persons have inalienable, natural rights
,\.Legal Positivism - ANSWERS✔-argues that laws are human creations that reflect
the reality of human existence in that moment
\.Common Law - ANSWERS✔-the compilation of hundreds of years of judges'
decisions on the outcome of cases
\.Civil Law - ANSWERS✔-focuses on disputes between private parties or groups
\.3 Constitutional Tests For Equal Protection - ANSWERS✔-1. strict scrutiny test (if
the law goes against someone due to their race/class/religion, most strict)
2. intermediate scrutiny test (used in equal protection challenges to gender
classifications)
3. rational basis test (Under this test, a law will be declared constitutional so long
as it is rationally related to a legitimate government interest, least strict)
\.Administrative Law - ANSWERS✔--Regulates aspects of how business is
conducted and attempts to mitigate some of the harms created by business
-The rules and regulations created by administrative agencies to carry out the
mandate of such agencies
\.When agencies make rules, the rules fall into one of three categories -
ANSWERS✔-1. Procedural rules
2. Interpretive rules
3. Legislative rules
,\.Procedural rules - ANSWERS✔-Regulate how the industry is to be run internally
\.Interpretive rules - ANSWERS✔-describe how the agency-made rules will be
interpreted and applied
\.Legislative rules - ANSWERS✔-govern activities that the agency has authority
over
\.Subpoena - ANSWERS✔-requires the person to appear before an agency tribunal
or board and provide needed information
\.Subpoena duces tecum - ANSWERS✔-a subpoena that requires the person to
also bring specified documents or other evidence when they appear
\.Aministrative Law - ANSWERS✔-Regulates aspects of how business is conducted
and attempts to mitigate some of the harms created by business
\.Administrative law judge - ANSWERS✔-judge who hears the evidence from both
the agency and the entity being accused
\.An administrative agency is prohibited from doing all but which of the following?
Extending beyond its authority
Violating judicial decisions
Exercising legislative power
, Making arbitrary laws - ANSWERS✔-Exercising legislative power
\.The first article of the Constitution focuses on ________.
The Supremacy Rule
The judicial branch
The executive branch
State supremacy
The legislative branch - ANSWERS✔-The legislative branch
\.One of the three constitutional tests for equal protection is ________.
The strict scrutiny test
The lemon test
The advanced scrutiny test
The irrational test
None of the above - ANSWERS✔-The strict scrutiny test
\.Legal positivism argues that laws ________.
Have always existed
Exist because they are handed down by a supreme being
Reflect the fantasy of human existence at that moment
Represent the optimistic side of society