Clemson Law 3220 Test 1 Questions and Answers 2023
Graded A+
What are the three key functions of the legal system?
1) influencing behavior
2) conflict behavior
3)social stability and change
may be viewed as a collection of rules or principles that limit and direct human behavior
law
damages designed to punish; keep them from doing it again
punitive damages
What is the fundamental law of the land?
U.S. Constitution
What establishes the legislative, executive and judicial branches of government?
U.S. Constitution
What branch of government writes the law?
legislative branch
who creates statutory law?
legislature
What does statutory law consist of?
federal laws, state laws, and municipal laws
Who creates a statute?
Congress
Who makes regulations?
agencies
Where did common law originate from?
the English
who interprets decisions and applies the laws?
judiciary
systematic way to change law
common law
legal principle from cases is called...
precedent
"looking back through precedents" or the use of this precedent is called...
Stare Decisis
if there is a new issues the judge does what?
makes a new law
true or false: common law varies by state
true
What is the first question when we talk about a case?
why is it in the book?
Davis v. Baugh Industrial Contractors, Inc. is an example of how...
common law changes
What was held in the Davis v. Baugh Industrial Contractors, Inc. case?
, reversed and remanded. court rejected previous common law rule and accepted a more
modern approach.
what is the process of the judiciary system?
trial court > court of appeals > supreme court
the President can create law through...
executive orders
executive orders are limited to...
federal agencies
what are the 3 classifications of law?
1) public/private
2) civil/criminal
3) substantive/procedural
what type of law is legal relationships between members of society and the
government?
public law
what type of law is legal relationships among members of society?
private law
what type of law states that the guilty can be fined, imprisoned, or both?
criminal law
"beyond reasonable doubt" is a legal requirement for which type of law?
criminal law
what type of law is when the wrongdoer pays money, but no jail time?
civil law
"preponderance of the evidence" is also known as...
civil burden of proof
civil burden of proof is what percentage?
>50%
"beyond reasonable doubt" is known as...
criminal burden of proof
criminal burden of proof is what percentage?
90-95%
what type of law defines legal rights and regulates behavior; including criminal, civil and
common law?
substantive
how substantive law is processed through the court or other systems and how it is to be
enforced
procedural
When it comes to federal law, what is the book that has procedural law?
the Federal Rules of Civil Procedure
term that is related to "start of the case"
pleadings
term that is related to "evidence that you have"
discovery
term that is related to "request to court"
motions
term that is related to "dispute"
Graded A+
What are the three key functions of the legal system?
1) influencing behavior
2) conflict behavior
3)social stability and change
may be viewed as a collection of rules or principles that limit and direct human behavior
law
damages designed to punish; keep them from doing it again
punitive damages
What is the fundamental law of the land?
U.S. Constitution
What establishes the legislative, executive and judicial branches of government?
U.S. Constitution
What branch of government writes the law?
legislative branch
who creates statutory law?
legislature
What does statutory law consist of?
federal laws, state laws, and municipal laws
Who creates a statute?
Congress
Who makes regulations?
agencies
Where did common law originate from?
the English
who interprets decisions and applies the laws?
judiciary
systematic way to change law
common law
legal principle from cases is called...
precedent
"looking back through precedents" or the use of this precedent is called...
Stare Decisis
if there is a new issues the judge does what?
makes a new law
true or false: common law varies by state
true
What is the first question when we talk about a case?
why is it in the book?
Davis v. Baugh Industrial Contractors, Inc. is an example of how...
common law changes
What was held in the Davis v. Baugh Industrial Contractors, Inc. case?
, reversed and remanded. court rejected previous common law rule and accepted a more
modern approach.
what is the process of the judiciary system?
trial court > court of appeals > supreme court
the President can create law through...
executive orders
executive orders are limited to...
federal agencies
what are the 3 classifications of law?
1) public/private
2) civil/criminal
3) substantive/procedural
what type of law is legal relationships between members of society and the
government?
public law
what type of law is legal relationships among members of society?
private law
what type of law states that the guilty can be fined, imprisoned, or both?
criminal law
"beyond reasonable doubt" is a legal requirement for which type of law?
criminal law
what type of law is when the wrongdoer pays money, but no jail time?
civil law
"preponderance of the evidence" is also known as...
civil burden of proof
civil burden of proof is what percentage?
>50%
"beyond reasonable doubt" is known as...
criminal burden of proof
criminal burden of proof is what percentage?
90-95%
what type of law defines legal rights and regulates behavior; including criminal, civil and
common law?
substantive
how substantive law is processed through the court or other systems and how it is to be
enforced
procedural
When it comes to federal law, what is the book that has procedural law?
the Federal Rules of Civil Procedure
term that is related to "start of the case"
pleadings
term that is related to "evidence that you have"
discovery
term that is related to "request to court"
motions
term that is related to "dispute"
