NAU ACC 205 FINAL EXAM QUESTIONS
WITH CORRECT ANSWERS, EXAM OF
LAW
law - ANSWER-A body of enforceable rules governing relationships among individuals
and between individuals and their society.
Liability - ANSWER-The state of being legally responsible (liable) for something, such
as a debt or obligation.
Constitutional law - ANSWER-Law that is based on the U.S. Constitution and the
constitutions of the various states.
statutory law - ANSWER-The body of law enacted by legislative bodies (as opposed to
constitutional law, administrative law, or case law).
uniform laws - ANSWER-A model law created by the National Conference of
Commissioners on Uniform State Laws and/or the American Law Institute for the states
to consider adopting. If a state adopts the law, it becomes statutory law in that state.
Each state has the option of adopting or rejecting all or part of a uniform law.
ordinances - ANSWER-A law passed by a local governing unit, such as a city or a
county.
administrative agency - ANSWER-A federal or state government agency created by the
legislature to perform a specific function, such as to make and enforce rules pertaining
to the environment.
executive agencies - ANSWER-An administrative agency within the executive branch of
government. At the federal level, executive agencies are those within the cabinet
departments.
independent regulatory agencies - ANSWER-An administrative agency that is not
considered part of the government's executive branch and is not subject to the authority
of the president. Independent agency officials cannot be removed without cause.
case law - ANSWER-The rules of law announced in court decisions. Case law interprets
statutes, regulations, constitutional provisions, and other case law.
remedies - ANSWER-The relief given to an innocent party to enforce a right or
compensate for the violation of a right.
,common law - ANSWER-The body of law developed from custom or judicial decisions in
English and U.S. courts, not attributable to a legislature.
courts of law - ANSWER-A court in which the only remedies that can be granted are
things of value, such as money damages. In the early English king's courts, courts of
law were distinct from courts of equity.
remedies at law - ANSWER-A remedy available in a court of law. Money damages are
awarded as a remedy at law.
damages - ANSWER-A monetary award sought as a remedy for a breach of contract or
a tortious act.
courts of equity - ANSWER-A court that decides controversies and administers justice
according to the rules, principles, and precedents of equity.
remedies in equity - ANSWER-A remedy allowed by courts in situations where remedies
at law are not appropriate. Remedies in equity include injunction, specific performance,
rescission and restitution, and reformation.
breaches - ANSWER-To violate a law, by an act or an omission, or to break a legal
obligation that one owes to another person or to society.
laches - ANSWER-The equitable doctrine that bars a party's right to legal action if the
party has neglected for an unreasonable length of time to act on his or her rights.
equitable maxims - ANSWER-General propositions or principles of law that have to do
with fairness (equity).
defendant - ANSWER-One against whom a lawsuit is brought, or the accused person in
a criminal proceeding.
defense - ANSWER-Reasons that a defendant offers in an action or suit as to why the
plaintiff should not obtain what he or she is seeking.
plaintiff - ANSWER-A party that initiates a lawsuit.
respondent - ANSWER-In equity practice, the party who answers a complaint or other
proceeding.
statutes of limitations - ANSWER-A federal or state statute setting the maximum time
period during which a certain action can be brought or certain rights enforced.
petitioner - ANSWER-In equity practice, a party that initiates a lawsuit.
,precedent - ANSWER-A court decision that furnishes an example or authority for
deciding subsequent cases involving identical or similar facts.
stare decisis - ANSWER-(pronounced stahr-ee dih-si-sis) A common law doctrine under
which judges are obligated to follow the precedents established in prior decisions within
their jurisdictions.
reporters - ANSWER-A publication in which court cases are published, or reported.
persuasive authorities - ANSWER-Any legal authority or source of law that a court may
look to for guidance but need not follow when making its decision.
binding authority - ANSWER-Any source of law that a court must follow when deciding a
case.
legal reasoning - ANSWER-(1) The process of evaluating how various laws apply to a
given situation. (2) The process by which a judge harmonizes his or her opinion with the
judicial decisions in previous cases.
alleges - ANSWER-To state, recite, assert, or charge.
cases on point - ANSWER-A previous case involving factual circumstances and issues
that are similar to those in the case before the court.
jurisprudence - ANSWER-The science or philosophy of law.
natural law - ANSWER-The oldest school of legal thought, based on the belief that the
legal system should reflect universal ("higher") moral and ethical principles that are
inherent in human nature.
legal positivism - ANSWER-A school of legal thought centered on the assumption that
there is no law higher than the laws created by a national government. Laws must be
obeyed, even if they are unjust, to prevent anarchy.
historical school - ANSWER-A school of legal thought that looks to the past to
determine what the principles of contemporary law should be.
Legal realism - ANSWER-A school of legal thought that holds that the law is only one
factor to be considered when deciding cases and that social and economic
circumstances should also be taken into account.
sociological school - ANSWER-A school of legal thought that views the law as a tool for
promoting justice in society.
Substantive law - ANSWER-Law that defines, describes, regulates, and creates legal
rights and obligations.
, Procedural law - ANSWER-Law that establishes the methods of enforcing the rights
established by substantive law.
Civil law - ANSWER-The branch of law dealing with the definition and enforcement of all
private or public rights, as opposed to criminal matters.
Criminal law - ANSWER-The branch of law that defines and punishes wrongful actions
committed against the public.
cyberlaw - ANSWER-An informal term used to refer to all laws governing electronic
communications and transactions, particularly those conducted via the Internet.
citation - ANSWER-A reference to a publication in which a legal authority—such as a
statute or a court decision—or other source can be found.
appellant - ANSWER-The party who takes an appeal from one court to another.
appellee - ANSWER-The party against whom an appeal is taken—that is, the party who
opposes setting aside or reversing the judgment.
opinions - ANSWER-A statement by a court expressing the reasons for its decision in a
case.
concurring opinion - ANSWER-A court opinion by one or more judges or justices who
agree with the majority but want to make or emphasize a point that was not made or
emphasized in the majority's opinion.
majority opinion - ANSWER-A court opinion that represents the views of the majority
(more than half) of the judges or justices deciding the case.
dissenting opinion - ANSWER-A court opinion that presents the views of one or more
judges or justices who disagree with the majority's decision.
plurality opinion - ANSWER-A court opinion that is joined by the largest number of the
judges or justices hearing the case, but fewer than half of the total number.
per curiam opinion - ANSWER-By the whole court; a court opinion written by the court
as a whole instead of being authored by a judge or justice.
federal form of government - ANSWER-A system of government in which the states
form a union and the sovereign power is divided between a central government and the
member states.
WITH CORRECT ANSWERS, EXAM OF
LAW
law - ANSWER-A body of enforceable rules governing relationships among individuals
and between individuals and their society.
Liability - ANSWER-The state of being legally responsible (liable) for something, such
as a debt or obligation.
Constitutional law - ANSWER-Law that is based on the U.S. Constitution and the
constitutions of the various states.
statutory law - ANSWER-The body of law enacted by legislative bodies (as opposed to
constitutional law, administrative law, or case law).
uniform laws - ANSWER-A model law created by the National Conference of
Commissioners on Uniform State Laws and/or the American Law Institute for the states
to consider adopting. If a state adopts the law, it becomes statutory law in that state.
Each state has the option of adopting or rejecting all or part of a uniform law.
ordinances - ANSWER-A law passed by a local governing unit, such as a city or a
county.
administrative agency - ANSWER-A federal or state government agency created by the
legislature to perform a specific function, such as to make and enforce rules pertaining
to the environment.
executive agencies - ANSWER-An administrative agency within the executive branch of
government. At the federal level, executive agencies are those within the cabinet
departments.
independent regulatory agencies - ANSWER-An administrative agency that is not
considered part of the government's executive branch and is not subject to the authority
of the president. Independent agency officials cannot be removed without cause.
case law - ANSWER-The rules of law announced in court decisions. Case law interprets
statutes, regulations, constitutional provisions, and other case law.
remedies - ANSWER-The relief given to an innocent party to enforce a right or
compensate for the violation of a right.
,common law - ANSWER-The body of law developed from custom or judicial decisions in
English and U.S. courts, not attributable to a legislature.
courts of law - ANSWER-A court in which the only remedies that can be granted are
things of value, such as money damages. In the early English king's courts, courts of
law were distinct from courts of equity.
remedies at law - ANSWER-A remedy available in a court of law. Money damages are
awarded as a remedy at law.
damages - ANSWER-A monetary award sought as a remedy for a breach of contract or
a tortious act.
courts of equity - ANSWER-A court that decides controversies and administers justice
according to the rules, principles, and precedents of equity.
remedies in equity - ANSWER-A remedy allowed by courts in situations where remedies
at law are not appropriate. Remedies in equity include injunction, specific performance,
rescission and restitution, and reformation.
breaches - ANSWER-To violate a law, by an act or an omission, or to break a legal
obligation that one owes to another person or to society.
laches - ANSWER-The equitable doctrine that bars a party's right to legal action if the
party has neglected for an unreasonable length of time to act on his or her rights.
equitable maxims - ANSWER-General propositions or principles of law that have to do
with fairness (equity).
defendant - ANSWER-One against whom a lawsuit is brought, or the accused person in
a criminal proceeding.
defense - ANSWER-Reasons that a defendant offers in an action or suit as to why the
plaintiff should not obtain what he or she is seeking.
plaintiff - ANSWER-A party that initiates a lawsuit.
respondent - ANSWER-In equity practice, the party who answers a complaint or other
proceeding.
statutes of limitations - ANSWER-A federal or state statute setting the maximum time
period during which a certain action can be brought or certain rights enforced.
petitioner - ANSWER-In equity practice, a party that initiates a lawsuit.
,precedent - ANSWER-A court decision that furnishes an example or authority for
deciding subsequent cases involving identical or similar facts.
stare decisis - ANSWER-(pronounced stahr-ee dih-si-sis) A common law doctrine under
which judges are obligated to follow the precedents established in prior decisions within
their jurisdictions.
reporters - ANSWER-A publication in which court cases are published, or reported.
persuasive authorities - ANSWER-Any legal authority or source of law that a court may
look to for guidance but need not follow when making its decision.
binding authority - ANSWER-Any source of law that a court must follow when deciding a
case.
legal reasoning - ANSWER-(1) The process of evaluating how various laws apply to a
given situation. (2) The process by which a judge harmonizes his or her opinion with the
judicial decisions in previous cases.
alleges - ANSWER-To state, recite, assert, or charge.
cases on point - ANSWER-A previous case involving factual circumstances and issues
that are similar to those in the case before the court.
jurisprudence - ANSWER-The science or philosophy of law.
natural law - ANSWER-The oldest school of legal thought, based on the belief that the
legal system should reflect universal ("higher") moral and ethical principles that are
inherent in human nature.
legal positivism - ANSWER-A school of legal thought centered on the assumption that
there is no law higher than the laws created by a national government. Laws must be
obeyed, even if they are unjust, to prevent anarchy.
historical school - ANSWER-A school of legal thought that looks to the past to
determine what the principles of contemporary law should be.
Legal realism - ANSWER-A school of legal thought that holds that the law is only one
factor to be considered when deciding cases and that social and economic
circumstances should also be taken into account.
sociological school - ANSWER-A school of legal thought that views the law as a tool for
promoting justice in society.
Substantive law - ANSWER-Law that defines, describes, regulates, and creates legal
rights and obligations.
, Procedural law - ANSWER-Law that establishes the methods of enforcing the rights
established by substantive law.
Civil law - ANSWER-The branch of law dealing with the definition and enforcement of all
private or public rights, as opposed to criminal matters.
Criminal law - ANSWER-The branch of law that defines and punishes wrongful actions
committed against the public.
cyberlaw - ANSWER-An informal term used to refer to all laws governing electronic
communications and transactions, particularly those conducted via the Internet.
citation - ANSWER-A reference to a publication in which a legal authority—such as a
statute or a court decision—or other source can be found.
appellant - ANSWER-The party who takes an appeal from one court to another.
appellee - ANSWER-The party against whom an appeal is taken—that is, the party who
opposes setting aside or reversing the judgment.
opinions - ANSWER-A statement by a court expressing the reasons for its decision in a
case.
concurring opinion - ANSWER-A court opinion by one or more judges or justices who
agree with the majority but want to make or emphasize a point that was not made or
emphasized in the majority's opinion.
majority opinion - ANSWER-A court opinion that represents the views of the majority
(more than half) of the judges or justices deciding the case.
dissenting opinion - ANSWER-A court opinion that presents the views of one or more
judges or justices who disagree with the majority's decision.
plurality opinion - ANSWER-A court opinion that is joined by the largest number of the
judges or justices hearing the case, but fewer than half of the total number.
per curiam opinion - ANSWER-By the whole court; a court opinion written by the court
as a whole instead of being authored by a judge or justice.
federal form of government - ANSWER-A system of government in which the states
form a union and the sovereign power is divided between a central government and the
member states.
