What is the definition of law? - Answers A body of rules of action or conduct prescribed by controlling
authority and having binding legal force.
What are the functions of law? - Answers Keeping the peace, shaping moral standards, promoting
social justice, maintaining the status quo, facilitating orderly change, facilitating planning, providing a
basis for compromise, and maximizing individual freedom.
What does the flexibility of law refer to? - Answers The evolution and change of U.S. law in response
to societal norms, technology, and commerce.
What is jurisprudence? - Answers The philosophy or science of the law.
What is the Natural Law School of thought? - Answers A school of thought that believes law is based
on what is 'correct'.
What does the Historical School of thought emphasize? - Answers Law as an aggregate of social
traditions and customs.
What is the Command School of thought? - Answers A perspective that views law as a set of rules
developed, communicated, and enforced by the ruling party.
What is the Critical Legal Studies School? - Answers A school that argues legal rules are unnecessary
and serve as obstacles for the powerful to maintain the status quo.
What is the Law and Economics School also known as? - Answers The Chicago School.
What is the significance of English Common Law? - Answers Developed by judges, it established
precedents for later cases.
What are equity courts? - Answers Courts established to address unfair results and provide remedies
beyond those available in law courts.
What is the role of the U.S. Constitution in law? - Answers It establishes the structure of the federal
government and declares any conflicting law unconstitutional.
What are federal statutes? - Answers Written laws enacted by Congress that regulate conduct and
are organized into code books.
What are ordinances? - Answers Laws enacted by local government bodies such as cities and
municipalities.
What are executive orders? - Answers Orders issued by the executive branch of government,
including the president and state governors.
What is the priority of law in the U.S.? - Answers The U.S. Constitution and treaties take precedence
over all other laws.
What is the doctrine of stare decisis? - Answers The principle that lower courts must follow the
precedent established by higher courts.
What does critical legal thinking involve? - Answers Investigating, analyzing, evaluating, and
interpreting information to solve legal issues.
What is the Socratic method? - Answers A process of inquiry and debate through a series of questions
and answers.
What does the I R A C method stand for? - Answers Issue, Rule, Application, Conclusion.
What is the role of judicial decisions? - Answers They provide written opinions explaining the legal
reasoning used to decide cases.
How does the law apply in the information age? - Answers Existing laws are applied to new digital
environments, often before new laws are enacted.
What is the significance of treaties in law? - Answers They are compacts made between nations and
become part of the supreme law of the land.
What are state statutes? - Answers Laws enacted by state legislatures and organized in code books.
What are regulations and orders of administrative agencies? - Answers Rules established by agencies
empowered by Congress or state legislatures to govern specific areas.
What is the role of merchant courts? - Answers Established to administer the law of merchants based
on common trade practices.
What is the purpose of the legislative branch? - Answers To make the law.
What is the role of the executive branch? - Answers To enforce the law.
What is the function of the judicial branch? - Answers To interpret and determine the validity of the
law.
What is the definition of ethics? - Answers A set of moral principles or values that governs the
conduct of an individual or a group.
, How are law and ethics related? - Answers Law and ethics are intertwined; both demand similar
responses to problems, although law may permit acts that are ethically wrong.
What is ethical fundamentalism? - Answers A theory of ethics where a person looks to an outside
source for ethical rules or commands.
What is a criticism of ethical fundamentalism? - Answers It does not allow individuals to determine
right and wrong for themselves.
What does utilitarianism dictate? - Answers People must choose the action that provides the greatest
good to society.
What is a criticism of utilitarianism? - Answers Estimating the 'good' from different actions is difficult,
and it treats morality as an impersonal mathematical calculation.
What is Kantian ethics also known as? - Answers Duty ethics.
What are the principles of Kantian ethics? - Answers Consistency and reversibility.
What is Rawl's social justice theory focused on? - Answers Fairness as the essence of justice and the
social contract among individuals to obey necessary moral rules.
What is a criticism of Rawl's social justice theory? - Answers Establishing a blind 'original position' for
choosing moral principles is impossible in the real world.
What does ethical relativism hold? - Answers Individuals must decide what is ethical based on their
own feelings about right and wrong.
What is a criticism of ethical relativism? - Answers An action thought to be unethical may not be
considered unethical if the perpetrator believes it is ethical.
What is the belief behind the social responsibility of business? - Answers Corporations should act
with awareness of the consequences and impact of their decisions on others.
What is the traditional view of social responsibility regarding profit? - Answers Businesses should
strive to maximize profits for shareholders, with other constituencies being less important.
What does the moral minimum theory state? - Answers A corporation's duty is to make a profit while
avoiding harm to others.
What is the stakeholder interest theory? - Answers A corporation must consider the effects of its
actions on stakeholders other than shareholders.
What does corporate citizenship entail? - Answers Businesses have a responsibility to 'do good' and
promote social goals like individual members of society.
What is the Sarbanes-Oxley Act of 2002? - Answers A law that makes certain conduct illegal and
establishes criminal penalties for violations, encouraging ethical behavior in public companies.
What does Section 406 of the Sarbanes-Oxley Act require? - Answers It requires public companies to
disclose whether they have adopted a code of ethics for senior financial officers.
What is a public benefit corporation? - Answers A for-profit corporation with missions beyond profit,
generating benefits for society.
What are public benefit corporations often referred to as? - Answers B corporations or B corps.
What is the primary purpose of public benefit corporations? - Answers To create general-public
benefits while also being for-profit.
How are attorneys typically compensated? - Answers Attorneys are compensated through various
methods, including hourly rates, flat fees, and contingency fees.
What is the pretrial litigation process? - Answers The pretrial litigation process includes the steps
taken before a trial, such as filing a complaint, serving summons, and conducting discovery.
Define 'complaint' in the context of legal proceedings. - Answers A complaint is a formal legal
document that initiates a lawsuit, outlining the plaintiff's claims against the defendant.
What is a summons? - Answers A summons is a legal document issued by a court that notifies a
defendant of a lawsuit and compels them to respond.
What does the term 'answer' refer to in legal proceedings? - Answers An answer is a formal written
response by a defendant to a complaint, addressing the allegations made by the plaintiff.
What is a class action lawsuit? - Answers A class action lawsuit is a legal action where a group of
people collectively bring a claim to court, typically involving common issues.
What are the requirements for bringing a class action lawsuit? - Answers Requirements include
numerosity, commonality, typicality, and adequacy of representation among the class members.
What is the discovery process in litigation? - Answers The discovery process involves the exchange of
information between parties, including depositions, interrogatories, and document requests.
What are pretrial motions? - Answers Pretrial motions are requests made to the court before the trial
begins, often to dismiss a case or exclude certain evidence.