1What is the generally accepted "generic" definition of law
a body of rules of action or conduct perscribed by controlling authority; must be legally binding
2What are the primary sources of American law
constitutional law, statutory law, common law, administrative law
3What is jurisprudence
The science and philosohy of law
4What is the role of in-house council in a company?
To supervise outside lawyers and ensure compliance with laws.
5What is the uniform commercial code (UCC)?
A set of rules and principles intended to increase reliability and predictability in business transactions. (secondary source of law)
6What is the doctrine of stare decisis?
principle that similar cases with similar facts should have similar judicial outcomes
7What is the differance between substantiative and procedural law?
substantive laws- provide citizens with rights and duties
procedural laws- provide structure and set rules to pursuing substantive laws
8What is the difference between civil and criminal law?
Civil Laws- compensate parties for losses as a result of anothers conduct
Criminal Laws- protect society by penalizing violators
9What is the difference between public and private law?
Public Laws- derrived from government agency
Private Law- binding between two parties without statutes or regulations
10What is equitable releif? Whats an example?
Legal remedy that a court grants when monetary damages are not enough to fix a situation. Ex. Restraining order or Injuntion
11What is the primary focus of the model laws created by the National Conference of Commissioners on Uniform State Laws?
Commerce
12What is the primary function of administrative agencies?
forming, implementing, and enforcing regulations intended to administer a federal law
13Which act imposes specific procedural structures and due process requirements on administrative agencies?
Administrative procedures act (APA)
14What is the role of Administrative Law Judges (ALJs)
they are attorneys employed by the agency to ajudicate disputes
15What are the sources of administrative law?
The constitution, administrative procedures, statutes, common law
16What is the purpose of the Regulatory Flexibility Act (RFA)
it allows small businesses to particiate in the rulemaking process when the effects could potentially hurt them financially
17What is the arbitrary and capricious standard and what is it used for?
ensures agency actions are reasonable, supported by evidence, and not irrational or inconsistent.
18Which act requires agencies to announce their meetings at least one week in advance and open them to the public?
The Government in the Sunshine Act
19What is the primary publication used to communicate proposed agency rules and final regulations?
The Federal Register
20What is the Chevron test used for?
used to determine if courts should defer to an administrative agency's interpretation of ambiguous laws it administers.
21What is the purpose of citizen suits in administrative law?
22What are the two primary courts in the American judicial system?
State court- adjudicates cases regaurding the states statutes, common law, and constitution
Federal Court- concerned with national law and federal constitution
23What are the 2 primary roles of the courts?
Adjudicating cases, judicial review
24What are the state and federal courts known as collectively (1 word)
the judiciary
25What are the trial courts in the federal system called?
US District courts
26what are the federal appellate courts called?
US courts of appeal
27What is subject matter jurisdiction?
refers to a court's authority to hear cases of a specific type (e.g., criminal, civil, federal).
28What is personal jurisdiction?
refers to a court's authority over the specific parties involved in a case, based on their connections to the forum.
29What is diversity jurisdiction? What does diversity mean in this context?
refers to a federal court's authority to hear civil cases where the parties are from different U.S. states or one party is a foreign entity, and the amount in controversy exceeds $75,000. diversity means they are from different jurisdictions.
30What is the difference between a trial court and appellate court?
Trial courts- hear cases for the first time and render judgments based on evidence and witness testimony.
Appelate Courts- review decisions from trial courts to determine if legal errors were made
31What is the highest appellate court in most states called?
State Supreme Court
32Which party initiates a lawsuit?
plaintiff
33Which act imposes specific procedural structures and due process requirements on administrative agencies? Which party initiates it?
- The administrative procedures act (APA)
- the agency initiates it