BUSI 404: Law Exam 1 (With complete
solutions 100%)
Functions of law - ANSWER-1. Establish order/peace keeping
2. Establish standards/morals
3. Protection of the state
4. Protection of property
5. Stability
6. Settle dispute
Definition of law - ANSWER-a rule of civil conduct prescribed by the supreme
power in a state, commanding what is right, and prohibiting what is wrong.
Barringer's: A prediction of the way a court will decide a legal question
Basic Systems of Law - ANSWER-1. Civil/Roman
2. Common
3. Islamic
Civil/Roman Law - ANSWER-1. Written codes
2. Justinian/Napoleonic
3. Comprehensive
4. Search for the truth
Where is Civil/Roman law used? - ANSWER-France, Scotland, Canada
(Quebec)
Other notes of civil/roman law - ANSWER-- court investigates crimes (not
brought before them), inquisitorial
- write down everything, not done based on precedence
- based on Roman law
Common Law - ANSWER-1. Unwritten principles
2. Adversary System
, 3. Judge-made law (case law)
4. "stare decisis"
Stare decisis - ANSWER-Let the decision stand
Where is common law used? - ANSWER-US, Great Britain, Australia
Islamic Law - ANSWER-Sharia law, applied in the Middle East
Procedural Law - ANSWER-The procedures for court and deciding the outcome
of a case (service of process, filing, etc)
Substantive Law - ANSWER-Right and duties among the parties
Rights - ANSWER-the capacity of a person, with the aid of the law, to require
another person or persons to perform, or to refrain from performing, a certain act
Duties - ANSWER-the obligation the law imposes upon a person to perform, or to
refrain from performing, a certain act
Public Law - ANSWER-- involves government investigations
- government rights and power related to communities or groups
Private law - ANSWER-relationship between individuals and non-governmental
groups
Civil Law - ANSWER-- everything that is not criminal law (different than
Civil/Roman), designed to compensate
- need to be convinced over 50%
1. Equity
2. At Law
Criminal Law - ANSWER-- crime against the entire community, designed to
punish
- state brings forward the lawsuit (district attorney)
- statutory (based on precedence)
solutions 100%)
Functions of law - ANSWER-1. Establish order/peace keeping
2. Establish standards/morals
3. Protection of the state
4. Protection of property
5. Stability
6. Settle dispute
Definition of law - ANSWER-a rule of civil conduct prescribed by the supreme
power in a state, commanding what is right, and prohibiting what is wrong.
Barringer's: A prediction of the way a court will decide a legal question
Basic Systems of Law - ANSWER-1. Civil/Roman
2. Common
3. Islamic
Civil/Roman Law - ANSWER-1. Written codes
2. Justinian/Napoleonic
3. Comprehensive
4. Search for the truth
Where is Civil/Roman law used? - ANSWER-France, Scotland, Canada
(Quebec)
Other notes of civil/roman law - ANSWER-- court investigates crimes (not
brought before them), inquisitorial
- write down everything, not done based on precedence
- based on Roman law
Common Law - ANSWER-1. Unwritten principles
2. Adversary System
, 3. Judge-made law (case law)
4. "stare decisis"
Stare decisis - ANSWER-Let the decision stand
Where is common law used? - ANSWER-US, Great Britain, Australia
Islamic Law - ANSWER-Sharia law, applied in the Middle East
Procedural Law - ANSWER-The procedures for court and deciding the outcome
of a case (service of process, filing, etc)
Substantive Law - ANSWER-Right and duties among the parties
Rights - ANSWER-the capacity of a person, with the aid of the law, to require
another person or persons to perform, or to refrain from performing, a certain act
Duties - ANSWER-the obligation the law imposes upon a person to perform, or to
refrain from performing, a certain act
Public Law - ANSWER-- involves government investigations
- government rights and power related to communities or groups
Private law - ANSWER-relationship between individuals and non-governmental
groups
Civil Law - ANSWER-- everything that is not criminal law (different than
Civil/Roman), designed to compensate
- need to be convinced over 50%
1. Equity
2. At Law
Criminal Law - ANSWER-- crime against the entire community, designed to
punish
- state brings forward the lawsuit (district attorney)
- statutory (based on precedence)