L201 McCrory exam 1 With 120+
Questions and 100% Solved Solutions.
how is the law dynamic? - Answerthe law changes from time to time, person to
person, and place to place; THE LAW IS NOT ABSOLUTE
substantive law vs. procedural law?
a) during every case which one do you have?
b)which one is more important? - Answersubstantive law is the rights duties and
privileges in a case while procedural law is the procedures you follow to enforce
substantive law
a) you have both in a case
b) procedural law is more important
criminal duty vs. civil duty - Answercriminal duty is to the state while civil duty is to an
individual
what are the 6 primary sources of law? - Answer1. US constitution (federal
constitution is supreme to the state law)
2. treaties (2/3 of senate must ratify in order to become a law)
3. statutory law (state legislatures make state statutes while federal legislatures AKA
congress, make federal statutes)
4. Administrative agencies (such as FDA, IRS, EPA, etc. can make things similar to
statutes through delegation bc legislation doesn't really wanna make all the laws) so
basically they make rules and regulations
5. executive orders (the president makes these at the fed level and governors make
them at state level) these must come from legislators because they're statutory law
6. courts
what are the four basic functions of administrative agencies? - Answer1. legislative
function (they act like one)
2. investigative function (did you follow the rules and regulations)
3. enforcement function (enforce their laws)
4. adjudicative function (judges and hearing offices)
what does ALJ stand for and what do they do? - Answeradministrative law judge
-basically administrative agencies have their own judge for their agencies to see if you
followed their own rules
what are the 3 ways courts make laws? - Answer1. statutory interpretation
2. judicial review (not in constitution)
3. common law
, what is judicial review? - Answerthe courts ability to define constitutionality; this was
established in 1803 Marbury vs. Madison
what is statutory interpretation? - Answerthe courts turn to written law and look at the
plain meaning of the law
-it is how the courts interpret and apply legislation
what is legislative history? - Answerhow a bill gets passed thru congress; the history
of a piece of legislation from the beginning to the end
what is statutory purpose? - Answerthe purpose of a statute; there's a purpose
statement in every statute
what is public policy? - Answertrying to decide what the public wants; the judge can
see how he wants to influence society
-ex: in crack baby case the public does not want to see a woman with an addiction go to
jail BUT either side can win
what is common law? - Answerit is the opposite of statutory law; it's a law made up by
judges; they use past cases to determine present (precedence)
How long are federal judges appointed for? - Answerfor life
if there is no statute and no precedent then what does the court do? - Answerthey use
equity meaning you ask the judge to be fair
what are the four schools of jurisprudence? - Answerlegal positivism
natural law
sociological
legal realism
what is legal positivism (jurisprudence) - Answerthe law is the law
what is natural law (jurisprudence) - Answerit says that an unjust law is not a law that
you have to follow
what is sociological (jurisprudence) - Answeryou're looking for social trends (what
society wants)
what is demos prudence - Answeryou're looking at how a judge changes society like
what is best for society?
ex: for crack baby case either would win
what is legal realism? - Answerlooking at how law works in the real world
Questions and 100% Solved Solutions.
how is the law dynamic? - Answerthe law changes from time to time, person to
person, and place to place; THE LAW IS NOT ABSOLUTE
substantive law vs. procedural law?
a) during every case which one do you have?
b)which one is more important? - Answersubstantive law is the rights duties and
privileges in a case while procedural law is the procedures you follow to enforce
substantive law
a) you have both in a case
b) procedural law is more important
criminal duty vs. civil duty - Answercriminal duty is to the state while civil duty is to an
individual
what are the 6 primary sources of law? - Answer1. US constitution (federal
constitution is supreme to the state law)
2. treaties (2/3 of senate must ratify in order to become a law)
3. statutory law (state legislatures make state statutes while federal legislatures AKA
congress, make federal statutes)
4. Administrative agencies (such as FDA, IRS, EPA, etc. can make things similar to
statutes through delegation bc legislation doesn't really wanna make all the laws) so
basically they make rules and regulations
5. executive orders (the president makes these at the fed level and governors make
them at state level) these must come from legislators because they're statutory law
6. courts
what are the four basic functions of administrative agencies? - Answer1. legislative
function (they act like one)
2. investigative function (did you follow the rules and regulations)
3. enforcement function (enforce their laws)
4. adjudicative function (judges and hearing offices)
what does ALJ stand for and what do they do? - Answeradministrative law judge
-basically administrative agencies have their own judge for their agencies to see if you
followed their own rules
what are the 3 ways courts make laws? - Answer1. statutory interpretation
2. judicial review (not in constitution)
3. common law
, what is judicial review? - Answerthe courts ability to define constitutionality; this was
established in 1803 Marbury vs. Madison
what is statutory interpretation? - Answerthe courts turn to written law and look at the
plain meaning of the law
-it is how the courts interpret and apply legislation
what is legislative history? - Answerhow a bill gets passed thru congress; the history
of a piece of legislation from the beginning to the end
what is statutory purpose? - Answerthe purpose of a statute; there's a purpose
statement in every statute
what is public policy? - Answertrying to decide what the public wants; the judge can
see how he wants to influence society
-ex: in crack baby case the public does not want to see a woman with an addiction go to
jail BUT either side can win
what is common law? - Answerit is the opposite of statutory law; it's a law made up by
judges; they use past cases to determine present (precedence)
How long are federal judges appointed for? - Answerfor life
if there is no statute and no precedent then what does the court do? - Answerthey use
equity meaning you ask the judge to be fair
what are the four schools of jurisprudence? - Answerlegal positivism
natural law
sociological
legal realism
what is legal positivism (jurisprudence) - Answerthe law is the law
what is natural law (jurisprudence) - Answerit says that an unjust law is not a law that
you have to follow
what is sociological (jurisprudence) - Answeryou're looking for social trends (what
society wants)
what is demos prudence - Answeryou're looking at how a judge changes society like
what is best for society?
ex: for crack baby case either would win
what is legal realism? - Answerlooking at how law works in the real world
