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Management |! 271 |! Exam |! 1 |! with |!
precise |! detailed |! solutions
How |! does |! the |! text |! define |! the |! law |! based |! on |! its |! most |! common |! understanding? |! - |! Correct |! answer |! ✔The |! law |! is |! most |! commonly |! understood |! to |! refer |! to |! a |! body |! of |! rules, |! which |! are |! meant |! to |! serve |! as |! guides |! for |! good |! behavior. What |! is |! the |! field |! of |! jurisprudence? |! Be |! able |! to |! list |! and |! identify |! the |! four |! philosophies |! of |! law |! referenced |! in |! the |! text. |! - |! Correct |! answer |! ✔The |! field |! of |! jurisprudence |! concerns |! the |! philosophy |! of |! law |! and |! what |! derives |! and |! consist |! (procedures |! involved) |! within |! certain |! laws. The |! four |! philosophies |! of |! law |! referenced |! are; |! Natural, |! Positive, |! Sociological |! Theory, |! and |! Critical |! Legal |! Studies. What |! is |! the |! source |! of |! law |! under |! Natural |! Law |! Theory? |! - |! Correct |! answer |! ✔The |! source |! of |! law |! for |! natural |! law |! theory |! dates |! back |! to |! the |! time |! of |! the |! Roman |! jurists. What |! "already |! exist" |! under |! the |! theory |! of |! Natural |! Law? |! - |! Correct |! answer |! ✔Having |! their |! source |! in |! law |! of |! God |! the |! right |! rules |! of |! law |! "already |! exist". What |! remains |! for |! humans |! to |! do |! using |! their |! rational |! intelligence |! under |! the |! Natural |! Law |! theory? |! - |! Correct |! answer |! ✔The |! only |! thing |! that |! remains |! for |! humans |! is |! discovering |! these |! natural |! laws |! under |! this |! theory.
What |! does |! Positive |! Law |! posit? |! - |! Correct |! answer |! ✔That |! there |! is |! a |! widely |! acknowledged |! starting |! principle, |! perhaps, |! the |! golden |! rule. What |! does |! the |! Sociological |! Theory |! of |! law |! recognize |! and |! what |! does |! it |! assert? |! - |! Correct |! answer |! ✔This |! theory |! recognizes |! that |! people |! in |! society |! have |! changing, |! and |! frequently |! conflicting |! interest |! overtime. |! This |! theory |! asserts |! that |! laws |! should |! take |! into |! account |! contemporary |! community |! standards |! and |! mores. Under |! the |! Sociological |! theory, |! what |! should |! the |! law |! (attempt) |! to |! strike |! among |! these |! interests? |! - |! Correct |! answer |! ✔The |! law |! should |! attempt |! to |! compromise |! or |! balance |! among |! peoples |! interest. What |! do |! scholars |! who |! espouse |! this |! theory |! argue |! that |! the |! law |! is? |! - |! Correct |! answer |! ✔Scholars |! argue |! that |! law |! is |! scarcely |! more |! than |! the |! exercise |! of |! raw |! power, |! those |! who |! have |! power |! have |! more |! control |! within |! governments |! and |! societies. Describe |! the |! differences |! between |! criminal |! law |! and |! civil |! law. |! Who |! is |! the |! plaintiff |! and |! what |! is |! the |! purpose |! of |! criminal |! law |! versus |! civil |! law? |! - |! Correct |! answer |! ✔The |! plaintiff |! in |! a |! criminal |! law |! is |! the |! government |! and |! in |! civil |! law |! it |! is |! whoever |! brings |! froth |! a |! lawsuit. |! The |! purpose |! of |! criminal |! law |! is |! to |! keep |! society |! at |! peace |! as |! the |! purpose |! in |! civil |! law |! is |! to |! "make |! the |! injured |! person |! whole". What |! does |! it |! mean |! to |! say |! that |! a |! case |! must |! be |! proved |! "beyond |! a |! reasonable |! doubt" |! and |! to |! which |! type |! of |! law |! does |! it |! apply? |! - |! Correct |! answer |! ✔Beyond
Identify |! several |! issues |! with |! which |! public |! law |! deals. |! - |! Correct |! answer |! ✔Deals |! with |! the |! relationships |! of |! governments |! to |! its |! people |! or |! with |! the |! operation |! of |! government. |! Including |! criminal |! law, |! civil |! rights |! law, |! and |! governmental |! regulations. What |! does |! private |! law |! address? |! - |! Correct |! answer |! ✔This |! addresses |! the |! relationships |! among |! private |! persons. In |! another |! sense, |! what |! does |! Common |! Law |! refer |! to? |! - |! Correct |! answer |! ✔Common |! Law |! refers |! to |! our |! Anglo-American |! legal |! system. Where |! is |! this |! legal |! system's |! historic |! origin |! and |! where |! is |! found |! today? |! - |! Correct |! answer |! ✔With |! its |! historical |! origin |! being |! Great |! Britain, |! it |! is |! now |! found |! within |! English |! speaking |! countries. Historically, |! what |! did |! the |! Common |! Law |! system |! rely |! upon? |! - |! Correct |! answer |! ✔It |! relied |! upon |! the |! law |! as |! fashioned |! by |! judges |! writing |! opinions |! for |! their |! court. Where |! is |! the |! Civil |! Law |! system |! used? |! - |! Correct |! answer |! ✔Civil |! Law |! system |! is |! used |! within |! Continental |! Europe |! along |! with |! colonies |! influenced |! by |! those |! countries. Historically, |! what |! do |! "Law" |! and |! "Equity" |! refer |! to |! in |! the |! English |! tradition? |!
- |! Correct |! answer |! ✔Law |! referred |! to |! that |! legal |! system |! headed |! by |! the |! English |! crown |! where |! disputes |! were |! heard |! in |! the |! Kings |! court. |! Equity |! referred |! to |! that |! legal |! system |! established |! by |! the |! church.
What |! was |! the |! recognized |! form |! of |! remedy |! for |! common |! law |! complaints? |! - |! Correct |! answer |! ✔If |! it |! could |! not |! be |! resolved |! the |! only |! other |! remedy |! was |! to |! appeal |! to |! the |! king |! for |! extraordinary |! relief. What |! is |! another |! way |! of |! describing |! "equity?" |! What |! is |! it |! based |! on? |! - |! Correct |! answer |! ✔Equity |! can |! be |! described |! as |! fairness. |! Not |! always |! wanting |! money |! but |! want |! to |! problem |! to |! be |! obtained. What |! are |! two |! examples |! of |! the |! kinds |! of |! new |! remedies |! created |! by |! the |! courts? |! - |! Correct |! answer |! ✔In |! the |! U.S. |! law |! and |! equity |! remain |! very |! important |! and |! are |! heard |! in |! the |! same |! physical |! courtroom. |! Equity |! has |! certain |! remedies |! that |! are |! not |! present |! with |! law. What |! is |! the |! primary |! ruling |! of |! Campbell |! Soup |! v. |! Wentz? |! Who |! will |! equity |! not |! assist? |! - |! Correct |! answer |! ✔Campbell's |! soup |! was |! denied |! the |! desired |! relief. |! Equity |! will |! not |! assist |! Campbell's |! because |! they |! created |! a |! one-sided |! contract. Who, |! or |! what, |! enact |! statutes? |! - |! Correct |! answer |! ✔Congress |! and |! State |! legislatures |! are |! said |! to |! enact |! statutes. Describe |! each |! of |! the |! three |! different |! processes |! by |! which |! chief |! executives |! can |! make |! law. |! - |! Correct |! answer |! ✔Three |! Processes |! of |! making |! laws: |! Executive |! action, |! either |! by |! signing |! into |! law |! bill |! that |! the |! legislature |! has |! passed |! or |! by |! preventing |! it |! from |! becoming |! a |! law |! by |! vetoing |! it. |! Can |! influence |! legislation |! by |! presenting |! to |! the |! legislators |! a |! "legislative |! package" |! of |! laws |! that |! the |! administration |! would |! like |! to |! see |! enacted |! and |! then |! lobbying |! on |! its |! behalf. |!
What |! does |! the |! judicial |! interpretation |! of |! legislation |! scrutinize? |! Why |! might |! this |! be |! required? |! - |! Correct |! answer |! ✔It |! scrutinizes |! the |! legislation |! to |! determine |! its |! meaning. |! This |! might |! be |! required |! because |! the |! statute |! or |! ordinance |! is |! worded |! to |! broadly |! or |! because |! is |! unclear |! how |! it |! applies |! to |! the |! specific |! case |! at |! hand. What |! do |! court |! decisions, |! rendered |! over |! the |! years |! where |! no |! statute |! applies, |! create? |! - |! Correct |! answer |! ✔These |! decisions |! create |! the |! common |! law, |! so |! that |! future |! cases |! can |! follow |! the |! precedent |! of |! these |! ones. What |! do |! administrative |! agencies |! have |! the |! authority |! to |! promulgate? |! - |! Correct |! answer |! ✔These |! agencies |! promulgate |! regulations. Briefly |! describe |! the |! initiative |! process |! and |! the |! referendum |! process. |! - |! Correct |! answer |! ✔is |! a |! sufficient |! number |! of |! voters |! sign |! a |! petition, |! the |! proposal |! is |! put |! upon |! the |! next |! ballot |! for |! approval. |! The |! proposal |! is |! put |! upon |! the |! ballot |! by |! the |! legislature. When |! was |! the |! US |! Constitution |! ratified? |! - |! Correct |! answer |! ✔The |! U.S. |! constitution |! was |! ratified |! in |! 1789. What |! year |! was |! independence |! from |! Great |! Britain |! declared? |! - |! Correct |! answer |! ✔Independence |! was |! declared |! in |! 1776. What |! was |! the |! governing |! document |! before |! the |! Constitution |! was |! ratified? |! - |! Correct |! answer |! ✔The |! first |! constitution |! was |! drawn |! up |! by |! the |! founding |! fathers |! and |! was |! known |! as |! the |! Articles |! of |! Confederation
Identify |! three |! reasons |! this |! governing |! document |! was |! a |! failure. |! - |! Correct |! answer |! ✔It |! neglected |! to |! provide |! for |! a |! strong |! central |! government. |! It |! gave |! the |! central |! government |! no |! power |! to |! levy |! and |! collect |! taxes. |! It |! did |! not |! prohibit |! the |! states |! from |! erecting |! trade |! barriers |! to |! give |! their |! local |! business |! advantage |! over |! out-of-state |! businesses. Identify |! six |! things |! the |! Preamble |! to |! the |! US |! Constitution |! states |! as |! its |! purposes. |! - |! Correct |! answer |! ✔Establish |! Justice, |! insure |! domestic |! Tranquility, |! provide |! for |! the |! common |! defense, |! promote |! the |! general |! Welfare, |! and |! secure |! the |! Blessings |! of |! Liberty |! to |! ourselves |! and |! our |! Posterity. What |! things |! does |! the |! Constitution |! organize, |! empower, |! establish |! and |! limit? |!
- |! Correct |! answer |! ✔The |! Constitution |! organizes |! and |! empowers |! the |! branches |! of |! the |! federal |! government |! and |! their |! functions. |! It |! also |! establishes |! and |! limits |! the |! power |! of |! the |! federal |! government |! over |! the |! states, |! and |! limits |! the |! power |! of |! the |! federal |! government |! to |! restrict |! individual |! liberties. Identify |! the |! three |! primary |! branches |! of |! government |! organized |! by |! the |! Constitution. |! - |! Correct |! answer |! ✔Legislative, |! Executive, |! and |! Judicial. |! Not |! only |! is |! the |! federal |! government's |! power |! shared |! among |! three |! branches, |! but |! each |! branch |! also |! acts |! as |! a |! check |! and |! balance |! on |! the |! others. What |! does |! Congress |! articulate |! and |! how? |! - |! Correct |! answer |! ✔Congress |! articulates |! general |! policy |! by |! enacting |! laws.
In |! what |! Article |! of |! the |! Constitution |! is |! the |! Supremacy |! Clause? |! - |! Correct |! answer |! ✔The |! Supremacy |! Clause |! is |! in |! Article |! VI |! of |! the |! Constitution. What |! role |! does |! the |! Supremacy |! Clause |! play |! in |! regards |! to |! the |! States' |! powers? |! - |! Correct |! answer |! ✔In |! regard |! to |! the |! States' |! powers |! this |! clause |! plays |! and |! important |! role |! in |! setting |! limits |! to |! their |! powers. |! Since |! both |! the |! federal |! government |! and |! states' |! may |! regulate |! interstate |! commerce. What |! part |! of |! the |! Constitution |! grants |! Congress |! the |! power |! to |! lay |! and |! collect |! taxes? |! - |! Correct |! answer |! ✔Article |! I, |! Section |! 8 |! grants |! Congress |! the |! power |! to |! lay |! and |! collect |! taxes. What |! did |! the |! Sixteenth |! Amendment |! do |! and |! when |! was |! it |! adopted? |! - |! Correct |! answer |! ✔When |! the |! 16th |! amendment |! was |! adopted |! it |! overruled |! a |! section |! of |! Article |! I, |! Section |! 9, |! which |! authorizes |! the |! income |! tax. |! It |! was |! adopted |! in |! 1909 |! and |! ratified |! in |! 1913. What |! Article |! of |! the |! Constitution |! governs |! the |! States' |! relations? |! - |! Correct |! answer |! ✔Article |! IV |! of |! the |! Constitution |! contains |! several |! sections |! governing |! states' |! relations. Where |! are |! the |! Full |! Faith |! and |! Credit |! Clause |! and |! the |! Privileges |! and |! Immunities |! Clauses |! located |! and |! what |! do |! they |! mean? |! - |! Correct |! answer |! ✔The |! Full |! Faith |! and |! Credit |! Clause |! are |! in |! section |! 1: |! "Full |! faith |! and |! credit |! shall |! be |! given |! in |! each |! state |! to |! the |! public |! acts, |! records, |! and |! judicial |! proceedings |! of |! every |! other |! state". |! Meaning |! that |! a |! valid |! judgment |! in |! one |! state |! is |! enforceable |! in |! any |! other |! state. |! The |! Privileges |! and |! Immunities |! Clause |! are |! in |! section |! 2: |! "The |! citizens |! of |! each |! state |! shall |! be |! entitled |! to |! all |!
privileges |! and |! immunities |! of |! citizens |! in |! the |! several |! states". |! This |! meaning |! that |! one |! state |! cannot |! discriminate |! against |! citizens |! of |! another |! state. What |! Amendments |! comprise |! the |! Bill |! of |! Rights |! and |! what |! year |! were |! they |! ratified? |! - |! Correct |! answer |! ✔The |! Bill |! of |! Rights |! was |! comprised |! of |! the |! first |! 10 |! Amendments |! and |! was |! ratified |! and |! became |! effective |! in |! 1791. Review |! and |! be |! able |! to |! identify |! the |! First |! Amendment, |! Identify |! six |! things |! about |! which |! the |! First |! Amendment |! declares |! "Congress |! shall |! make |! no |! law." |! - |! Correct |! answer |! ✔Congress |! should |! make |! no |! law |! respecting |! an |! establishment |! of |! religion, |! or |! prohibiting |! the |! free |! exercise |! thereof, |! or |! abridging |! the |! freedom |! of |! speech, |! or |! of |! the |! press, |! or |! the |! right |! of |! the |! people |! peaceably |! to |! assemble, |! and |! to |! petition |! the |! Government |! for |! a |! redress |! of |! grievances. Is |! exercise |! of |! freedom |! of |! speech |! or |! the |! press |! absolute? |! - |! Correct |! answer |! ✔No |! they |! are |! not |! absolute |! as |! there |! are |! limits |! to |! those |! rights. Identify |! four |! examples |! recognized |! as |! limits |! of |! these |! rights. |! - |! Correct |! answer |! ✔No |! one |! is |! free |! to |! incite |! a |! riot, |! No |! one |! may |! defame |! another, |! the |! First |! Amendment |! does |! not |! protect |! Pornography, |! and |! consent |! is |! always |! needed. Do |! corporations |! have |! the |! right |! to |! exercise |! free |! speech? |! - |! Correct |! answer |! ✔Yes |! corporations |! have |! the |! right |! to |! free |! speech.
Generally, |! where |! are |! searches |! without |! a |! warrant |! deemed |! reasonable? |! - |! Correct |! answer |! ✔They |! are |! deemed |! reasonable |! when |! there |! is |! no |! expectation |! of |! privacy. Review |! and |! be |! able |! to |! identify |! the |! Fifth |! Amendment. |! - |! Correct |! answer |! ✔No |! person |! shall |! be |! held |! to |! answer |! for |! a |! capital, |! or |! otherwise |! infamous |! crime, |! unless |! on |! a |! presentment |! or |! indictment |! of |! a |! Grand |! jury, |! except |! in |! cases |! arising |! in |! the |! land |! of |! naval |! forces, |! or |! in |! the |! Militia. |! Nor |! shall |! a |! person |! be |! subject |! for |! the |! same |! offense |! to |! be |! twice |! put |! in |! jeopardy |! of |! life |! or |! limb; |! nor |! shall |! be |! compelled |! in |! any |! crime |! case |! to |! be |! a |! witness |! against |! himself. Be |! able |! to |! list |! and |! identify |! five |! important |! constitutional |! safeguards |! contained |! within |! this |! amendment. |! - |! Correct |! answer |! ✔Grand |! Jury, |! Double |! Jeopardy, |! Self-incrimination, |! Eminent |! Domain |! or |! Condemnation, |! Due |! Process. What |! does |! the |! grand |! jury |! do? |! - |! Correct |! answer |! ✔They |! listen |! to |! evidence |! that |! a |! prosecuting |! attorney |! presents |! and |! determine |! (by |! majority |! vote) |! whether |! it |! is |! efficient |! enough, |! not |! to |! convict, |! but |! to |! warrant |! an |! accusation. If |! a |! grand |! jury |! finds |! an |! accusation |! to |! be |! warranted, |! what |! do |! they |! present? |!
- |! Correct |! answer |! ✔If |! they |! find |! one |! to |! be |! warranted |! an |! indictment |! is |! issued, |! and |! the |! defendant |! proceeds |! to |! trial. What |! does |! the |! prohibition |! against |! "double |! jeopardy" |! mean? |! - |! Correct |! answer |! ✔It |! means |! that |! a |! person |! can |! be |! charged |! only |! once |! by |! a |! government |! entity |! with |! the |! same |! offense.
What |! does |! the |! protection |! against |! self-incrimination |! ensure? |! - |! Correct |! answer |! ✔That |! the |! state |! bears |! the |! burden |! of |! prosecution, |! proving |! its |! case |! beyond |! a |! reasonable |! doubt |! that |! the |! accused |! is |! guilty |! as |! charged. What |! did |! the |! Supreme |! Court |! decide |! in |! Miranda |! v. |! Arizona? |! - |! Correct |! answer |! ✔The |! Supreme |! Court |! held |! that |! before |! being |! questioned, |! suspects |! must |! be |! informed |! of |! their |! right |! to |! remain |! silent. |! This |! case |! was |! decided |! in |! 1966 |! and |! was |! reaffirmed |! in |! 2000. Does |! the |! US |! Constitution |! absolutely |! prohibit |! the |! government |! from |! taking |! private |! property? |! - |! Correct |! answer |! ✔By |! means |! of |! its |! might, |! a |! government |! can, |! and |! many |! do, |! confiscate |! private |! property. |! However, |! under |! the |! U.S. |! Constitution, |! this |! power |! to |! take |! private |! property |! is |! restrained. |! NOT |! PROHIBITED |! THOUGH. Identify |! the |! two |! conditions |! that |! must |! be |! met |! before |! a |! person's |! private |! property |! can |! be |! taken. |! - |! Correct |! answer |! ✔For |! private |! property |! to |! be |! taken |! it |! has |! to |! be |! for |! public |! use |! and |! has |! to |! be |! paid |! for. What |! can |! a |! person |! do |! if |! the |! government |! does |! not |! pay |! a |! fair |! value |! for |! private |! property |! that |! has |! been |! taken? |! - |! Correct |! answer |! ✔A |! person |! can |! go |! to |! court |! if |! they |! believe |! they |! have |! not |! received |! enough |! for |! their |! property. Be |! able |! to |! identify |! the |! Due |! Process |! Clause |! of |! the |! Fifth |! Amendment. |! - |! Correct |! answer |! ✔"Nor |! shall |! any |! person |! be |! deprived |! of |! life, |! liberty, |! or |! property, |! without |! due |! process |! of |! law."
What |! three |! aspects |! of |! the |! Fourteenth |! Amendment |! remain |! vital |! and |! important? |! - |! Correct |! answer |! ✔The |! 14th |! Amendment's |! birth-right |! clause, |! due |! process |! clause |! and |! equal |! protection |! clauses |! remain |! vital |! and |! important. What |! does |! the |! Birth |! Right |! Clause |! establish |! for |! "All |! persons |! born |! or |! naturalized |! in |! the |! United |! States?" |! - |! Correct |! answer |! ✔It |! establishes |! that |! they |! are |! citizens |! of |! the |! United |! States |! and |! of |! the |! state |! wherein |! they |! reside. What |! does |! the |! Due |! Process |! Clause |! serve |! as |! the |! basis |! for? |! - |! Correct |! answer |! ✔This |! clause |! is |! the |! basis |! of |! the |! federal |! government's |! power |! to |! dictate |! to |! the |! states |! how |! they |! may |! conduct |! their |! governing |! functions. When |! was |! the |! Equal |! Protection |! Clause |! adopted |! and |! what |! was |! it |! clearly |! intended |! to |! address? |! - |! Correct |! answer |! ✔The |! Equal |! Protection |! Clause |! was |! adopted |! in |! the |! wake |! of |! the |! Civil |! War |! and |! was |! intended |! to |! address |! racial |! discrimination. Against |! what |! does |! it |! serve |! as |! the |! main |! constitutional |! protection? |! - |! Correct |! answer |! ✔This |! is |! the |! main |! source |! of |! constitutional |! protection |! against |! discrimination. Identify |! three |! different |! ways |! it |! is |! applied. |! - |! Correct |! answer |! ✔This |! only |! applies |! to |! the |! States |! and |! does |! not |! prohibit |! individuals |! from |! discrimination. |! Second |! it |! protects |! all |! persons. |! Third, |! it |! may |! apply |! to |! discrimination |! no |! matter |! what |! its |! basis, |! whether |! race, |! religion, |! age, |! plastic |! or |! cardboard.
Be |! able |! to |! explain |! what |! is |! meant |! by |! a |! suspect |! classification |! and |! identify |! at |! least |! three |! examples. |! - |! Correct |! answer |! ✔If |! the |! State |! is |! treating |! people |! differently |! because |! of |! race, |! religion, |! sex, |! or |! the |! like, |! the |! state |! must |! show |! a |! compelling |! reason |! for |! that |! disparate |! treatment. What |! is |! the |! Federal |! legislature |! called |! and |! how |! is |! it |! comprised? |! - |! Correct |! answer |! ✔It |! is |! called |! Congress |! and |! it |! is |! comprised |! of |! the |! Senate |! and |! the |! House |! of |! Representatives. What |! does |! each |! State |! have |! of |! its |! own? |! - |! Correct |! answer |! ✔Each |! state |! has |! its |! own |! legislature. At |! the |! local |! level, |! where |! is |! legislation |! generated? |! - |! Correct |! answer |! ✔At |! the |! local |! level |! County |! and |! City |! councils |! or |! commissions |! generate |! the |! legislation. What |! is |! a |! bicameral |! legislature? |! - |! Correct |! answer |! ✔Two |! legislative |! bodies, |! a |! Senate |! and |! a |! House |! of |! Representatives. |! The |! Federal |! Government |! and |! most |! state |! governments |! use |! this. What |! may |! a |! chief |! executive |! do |! to |! legislation? |! - |! Correct |! answer |! ✔A |! chief |! executive |! can |! veto |! a |! legislation. Can |! the |! legislature |! do |! anything |! to |! override |! a |! veto? |! What? |! - |! Correct |! answer |! ✔A |! veto |! can |! be |! overridden |! by |! 2/3 |! vote.
states, |! and |! with |! the |! Indian |! Tribes." |! This |! is |! known |! as |! the |! Commerce |! Clause. If |! the |! States |! can |! regulate |! interstate |! commerce, |! what |! must |! any |! such |! regulation |! take |! into |! consideration? |! - |! Correct |! answer |! ✔Any |! such |! regulation |! by |! the |! States |! must |! take |! in |! consideration |! the |! federal |! purpose |! of |! free |! trade, |! which |! is |! backed |! up |! by |! the |! Supremacy |! Clause. Identify |! the |! three |! ways |! the |! executive |! branch |! may |! "make" |! law. |! - |! Correct |! answer |! ✔Three |! ways |! of |! making |! law |! by |! the |! Executive |! Branch |! are |! Veto, |! General |! Action |! and |! Emphasis, |! and |! Executive |! Order. By |! vetoing |! legislation, |! what |! can |! a |! President |! do |! to |! an |! act |! of |! Congress? |! - |! Correct |! answer |! ✔By |! vetoing |! legislation, |! the |! President |! can |! completely |! annul |! an |! act |! of |! Congress. Can |! Congress |! do |! anything |! about |! a |! veto? |! What? |! - |! Correct |! answer |! ✔A |! 2/3- majority |! vote |! can |! over-ride |! the |! Presidents |! veto |! though. What |! is |! the |! common |! law |! independent |! of? |! - |! Correct |! answer |! ✔Common |! Law |! is |! independent |! of |! legislation. What |! concept |! is |! still |! at |! the |! heart |! of |! common |! law |! and |! what |! does |! it |! mean? |! - |! Correct |! answer |! ✔Stare |! Decisis. |! "to |! stand |! by |! things |! decided." In |! countries |! with |! legal |! systems |! based |! on |! the |! English |! model, |! what |! do |! attorneys |! do |! before |! arguing |! the |! law |! to |! a |! judge |! where |! no |! statute |! applies? |! - |!
Correct |! answer |! ✔If |! there |! is |! no |! statute |! attorneys |! examine |! old |! cases |! to |! see |! what |! law |! has |! been |! used |! in |! similar |! situations. |! Which |! they |! then |! argue |! that |! law |! to |! the |! judge. What |! is |! a |! case |! of |! "first |! impression?" |! - |! Correct |! answer |! ✔First |! Impression |! applies |! to |! cases |! that |! have |! no |! relevant |! decisions |! at |! all |! in |! the |! jurisdiction. Be |! able |! to |! define |! what |! is |! meant |! by |! "privity." |! - |! Correct |! answer |! ✔A |! relation |! between |! two |! parties |! that |! is |! recognized |! by |! law, |! such |! as |! that |! of |! blood, |! lease, |! or |! service. With |! regards |! to |! the |! law, |! what |! does |! stare |! decisis |! afford? |! - |! Correct |! answer |! ✔The |! doctrine |! of |! stare |! decisis |! affords |! predictability |! in |! the |! law. |! This |! enables |! lawyers |! to |! advise |! their |! clients |! more |! accurately. Be |! able |! to |! define |! what |! is |! meant |! by |! an |! administrative |! agency. |! - |! Correct |! answer |! ✔An |! administrative |! agency |! is |! a |! government |! authority, |! other |! than |! legislature, |! executive, |! or |! judiciary, |! charged |! with |! the |! responsibility |! of |! carrying |! out |! functions |! assigned |! to |! that |! branch. What, |! in |! general, |! is |! an |! agent? |! - |! Correct |! answer |! ✔In |! general, |! an |! agent |! is |! one |! who |! acts |! on |! behalf |! of |! another. What |! are |! administrative |! agencies |! created |! by? |! - |! Correct |! answer |! ✔Administrative |! agencies |! are |! created |! by |! enabling |! legislation.
