Law Test with Answers Essay Sample
1. Define Law.
“Law. in its generic sense. is a organic structure of regulations of action or behavior prescribed by commanding authorization. and holding binding legal force. That which must be obeyed and followed by citizens capable to countenances or legal effects is a jurisprudence. ”
2. Give 5 maps of the jurisprudence and illustrations ( different illustrations than in the book ) .
a. Keeping peace ( Example: Beating a weaker homo for any grounds ) B. Determining moral criterions ( Example: colza )
c. Promoting societal justness ( Example: Gender Discrimination in scholarship or Race Discrimination in political relations ) d. Keeping the position quo ( Example: a position quo order may be issued to forestall one parent from taking a kid from the abode or out of the country without the other parent’s consent ) e. Facilitating orderly alteration ( Example: well-designed Torahs for commercialism that allow concerns to be after their daily-activities. supply productive resources. and assess risk-management ) f. Supplying a footing for via media ( Example: largely the jurisprudence suites helps acquiring settled or reduces the charges before tests )
3. Specify the 7 schools of jurisprudential idea
The doctrine or scientific discipline of the jurisprudence is referred to as law. Traditional law can be divided into four basic “schools of thought” or doctrines of jurisprudence: a. Natural Law School
The Natural Law School of law posits that the jurisprudence is based on what is “correct. ”
B. Historical School
The Historical School of law believes that the jurisprudence is an sum of societal traditions and imposts that have developed over the centuries.
c. Analytical School
The Analytical School of law maintains that the jurisprudence is shaped by logic.
d. Sociological School
The Sociological School of law asserts that the jurisprudence is a agency of accomplishing and progressing certain sociological ends.
e. Command School
The philosophers of the Command School of law believe that the jurisprudence is a set of regulations developed. communicated. and enforced by the governing party instead than a contemplation of the society’s morality. history. logic. or sociology.
f. Critical Legal Studies School
The Critical Legal Studies School proposes that legal regulations are unneeded and are used as an obstruction by the powerful to keep the position quo.
g. Law and Economics School
The Law and Economics School believes that advancing market efficiency should be the cardinal end of legal determination devising.
4. Explain in item the province tribunal system.
Each province and each district of the United States has its ain separate tribunal system ( jointly referred: State tribunals ) . Most province tribunal systems include: limited-jurisdiction test tribunals. general-jurisdiction test tribunals. intermediate appellant tribunals. and a supreme tribunal.
< Limited-Jurisdiction Trial Courts
State limited-jurisdiction test tribunals. which are sometimes referred to as inferior test tribunals. hear affairs of a specialised or limited nature. E. g. Traffic tribunals. juvenile tribunals. justice-of-the-peace tribunals. probate tribunals. household jurisprudence tribunals. and tribunals that hear misdemeanor condemnable jurisprudence instances are limited-jurisdiction tribunals in many provinces. Because limited-jurisdiction tribunals are test tribunals. grounds can be introduced and testimony can be given. Most limited-jurisdiction tribunals maintain records of their proceedings. A determination of such a tribunal can normally be appealed to a general-jurisdiction tribunal or an appellant tribunal.
< General-Jurisdiction Trial Courts
Every province has a general-jurisdiction test tribunal. These tribunals are frequently referred to as tribunals of record because the testimony and grounds at test are recorded and stored for future mention. These tribunals hear instances that are non within the legal power of limited-jurisdiction test tribunals. such as felonies. civil instances more than a certain dollar sum. and so on. Some provinces divide their general-jurisdiction tribunals into two divisions. one for condemnable instances and one for civil instances.
< Intermediate Appellate Courts
In many provinces. intermediate appellate tribunals ( besides called appellate tribunals or tribunals of entreaty ) hear entreaties from test tribunals. They review the test tribunal record to find whether there have been any mistakes at test that would necessitate reversal or alteration of the test court’s determination. Thus. an appellant tribunal reviews either pertinent parts or the whole test tribunal record from the lower tribunal. No new grounds or testimony is permitted.
< Highest State Court
There is a highest province tribunal of each state’s tribunal system. Many provinces call this highest tribunal the province supreme tribunal. Some provinces use other names for their highest tribunals. The map of a state’s highest tribunal is to hear entreaties from intermediate appellate province tribunals and certain test tribunals. No new grounds or testimony is heard. The parties normally submit pertinent parts of or the full lower tribunal record for reappraisal. The parties besides submit legal Jockey shortss to the tribunal and are normally granted a brief unwritten hearing. Decisions of highest province tribunals are concluding unless a inquiry of jurisprudence is involved that is appealable to the U. S. Supreme Court.
5. Explain in item the federal tribunal system.
Article III of the U. S. Constitution provides that the federal government’s judicial power is vested in one “Supreme Court. ” This tribunal is the U. S. Supreme Court. Article III besides authorizes Congress to set up “inferior” federal tribunals. Pursu-ant to its Article III power. Congress has established the U. S. territory tribunals. the U. S. tribunals of entreaties. and the U. S. bankruptcy tribunals. Pursuant to other author-ity in the Constitution. the U. S. Congress has established other federal tribunals. Federal Judgess of the U. S. Supreme Court. U. S. tribunals of entreaties. and U. S. territory tribunals are appointed for life by the president. with the advice and consent of the Senate. Judges of other tribunals are non appointed for life but are appointed for assorted periods of clip ( e. g. . bankruptcy tribunal Judgess are appointed for 14-year footings ) .
< U. S. District Courts
The U. S. territory tribunals are the federal tribunal system’s test tribunals of general legal power.
< U. S. Courts of Appeals
The U. S. tribunals of entreaties are the federal tribunal system’s intermediate appellate tribunals. There are 13 circuits in the federal tribunal system. The first 12 are geo-graphical. Eleven are designated by Numberss. such as the “First Circuit. ” “Second Circuit. ” and so on. The geographical country served by each tribunal is referred to as a circuit. The 12th circuit tribunal. located in Washington. DC. is called the District of Columbia Circuit.
6. Specify the followers:
a. standing to action
To convey a case. a complainant must hold standing to action. This means the complainant must hold some interest in the result of the case.
Definition from USLEGAL. com …
Standing to action philosophy refers to a legal rule where a party is entitled to hold a tribunal decide his/her virtues of the instance. Under this philosophy. a party is entitled to obtain judicial declaration. In the U. S. . there are many demands that a party must set up to hold standing before a federal tribunal. The followers are some of the demands recognized under the philosophy: 1. Injury ; 2. Causing ; 3. Redressability.
The standing to action philosophy is a jurisdictional issue which concerns power of federal tribunals to hear and make up one’s mind instances. The philosophy is non concerned with ultimate virtues of a instance.
b. capable affair legal power
Capable affair legal power is the authorization of a tribunal to hear the type of instance brought before it. It is legal power over the type of claim brought by the complainant. ( USLEGAL. com )
c. in paradoxical sleep legal power
A tribunal may hold legal power to hear and make up one’s mind a instance because it has legal power over the belongings of the case. This is called in paradoxical sleep legal power ( “jurisdiction over the thing” ) .
d. quasi in paradoxical sleep legal power
Sometimes a complainant who obtains a judgement against a suspect in one province will seek to roll up the judgement by attaching belongings of the suspect that is located in another province. This is permitted under quasi in rem legal power. or attachment legal power.
Venue requires cases to be heard by the tribunal of the tribunal system that has legal power to hear the instance that is located nighest to where the incident occurred. where informants and grounds are available. and such other relevant factors.
7. List and specify the parts of a “pleading” .
The paperwork that is filed with the tribunal to originate and react to a case is referred to as the pleadings. The major pleadings are the ailment. the reply. the cross-complaint. and the answer.
Ailment and Biddings:
To originate a case. the party who is actioning ( the complainant ) must register a ailment in the proper tribunal. The ailment names the parties to the case. alleges the ultimate facts and jurisprudence violated. and contains a “prayer for relief” for a redress to be awarded by the tribunal. The ailment can be every bit long as necessary. depending on the case’s complexness.
In other words. a papers filed by a complainant with a tribunal and served with a biddings on the suspect. It sets forth the footing of the case.
Cross-Complaint and Answer:
A suspect who believes that he or she has been injured by the complainant can register a cross-complaint against the complainant in add-on to an reply. In the cross- ailment. the suspect ( now the cross-complainant ) sues the complainant ( now the cross-defendant ) for amendss or some other redress. The original complainant must register a answer ( reply ) to the cross-complaint. The answer. which can include affirmatory defences. must be filed with the tribunal and served on the original suspect.
Alternatively. a papers filed and served by a suspect if he or she countersues the complainant. The suspect is the cross-complainant. and the complainant is the cross-defendant. The cross-defendant must register and function a answer ( reply ) .
The suspect. the party who is being sued. must register an reply to the plaintiff’s ailment. The defendant’s reply is filed with the tribunal and served on the complainant. In the reply. the suspect admits or denies the allegations contained in the plaintiff’s ailment. A judgement is entered against a suspect who admits all of the allegations in the ailment. The instance returns if the suspect denies all or some of the allegations. In short. a papers filed by a suspect with a tribunal and served on the complainant. It normally denies most allegations of the ailment.
8. List and specify the 4 parts of “discovery” .
The legal procedure provides for a elaborate pretrial process called find. During find. each party engages in assorted activities to detect facts of the instance from the other party and witnesses prior to test. Discovery serves several maps. including forestalling surprises. leting parties to thoroughly prepare for test. continuing grounds. salvaging tribunal clip. and advancing the colony of instances.
A deposition is unwritten testimony given by a party or witness prior to test. The individual giving a deposition is called the testifier.
Interrogations are written inquiries submitted by one party to a case to another party.
Production of Documents
Frequently. peculiarly in complex concern instances. a significant part of a case may be based on information contained in paperss ( e. g. . memorandas. correspondence. company records ) . One party to a case may bespeak that the other party produce all paperss that are relevant to the instance prior to test. This is called production of paperss.
Physical or Mental Examination
In instances that concern the physical or mental status of a party. a tribunal can order the party to subject to certain physical or mental scrutinies to find the extent of the alleged hurts.
9. List and specify the stages of a test.
|Jury Selection |The pool of possible jurymans is normally selected from elector or car enrollment | | |lists. Persons are selected to hear specific instances through a procedure called voir dire | | | ( “to speak the truth” ) . Lawyers for each party and the justice can inquire prospective jurymans | | |questions to find whether they would be biased in their determinations. | |Opening Statements |Each party’s lawyer is allowed to do an gap statement to the jury at the get downing | | |of a test. During an opening statement. an lawyer normally summarizes the chief factual and| | |legal issues of the instance and depict why he or she believes the client’s place is | | |valid. The information given in this statement is non considered as grounds. | |The Plaintiff’s Case |A complainant bears the load of cogent evidence to carry the trier of fact of the virtues of his or | | |her instance. This is called the plaintiff’s instance. | |The Defendant’s Case |The defendant’s instance returns after the complainant has concluded his or her instance. The | | |defendant’s instance must ( 1 ) rebut the plaintiff’s grounds. ( 2 ) turn out any affirmatory defenses| | |asserted by the suspect. and ( 3 ) turn out any allegations contained in the defendant’s | | |cross-complaint.
The defendant’s informants are examined on direct scrutiny by the | | |defendant’s lawyer. | |Rebuttal and Rejoinder |After the defendant’s lawyer has finished naming informants. the plaintiff’s lawyer can | | |call informants and set forth grounds to refute the defendant’s instance. This is called a | | |rebuttal. | |Closing Arguments |At the decision of the presentation of the grounds. each party’s lawyer is allowed to | | |make a shutting statement to the jury. | |Jury Instructions. Deliberation. and |Once the shutting statements are completed. the justice reads jury instructions ( or charges ) to | |Verdict |the jury. These instructions inform the jury about what jurisprudence to use when they decide the | | |case. | |Entry of Judgment |After the jury has returned its finding of fact. in most instances the justice will come in a judgement to | | |the successful party. based on the finding of fact. This is the official determination of the tribunal. |
10. List and specify the types of Alternative Dispute Resolution.
The simplest signifier of alternate difference declaration is prosecuting in dialogues between the parties to seek to settle a difference. Negotiation is a process whereby the parties to a legal difference engage in treatments to seek to make a voluntary colony of their difference. Negotiation may take topographic point either before a case is filed. after a case is filed. or before other signifiers of alternate difference declaration are used.
A common signifier of ADR is arbitration. In arbitration. the parties choose an impartial 3rd party to hear and make up one’s mind the difference. This impersonal party is called the arbiter.
Mediation is a signifier of dialogue in which a impersonal 3rd party assists the challenging parties in making a colony of their difference. The impersonal 3rd party is called a go-between.
A mini-trial is a voluntary private proceeding in which attorneies for each side present a sawed-off version of their instance to the representatives of both sides. The representatives of each side who attend the mini-trial have the authorization to settle the difference. In many instances. the parties besides hire a impersonal 3rd party— frequently person who is an expert in the field refering the disputed affair or a legal expert—who presides over the mini-trial. After hearing the instance. the impersonal 3rd party frequently is called upon to render an sentiment as to how the tribunal would most likely make up one’s mind the instance.
In some state of affairss. called fact-finding. the parties to a difference employ a impersonal 3rd party to move as a fact-finder to look into the difference.
If the parties agree. the tribunal may name a judicial referee to carry on a private test and render a judgement. Referees. who are frequently retired Judgess. have most of the same powers as test Judgess. and their determinations stand as judgements of the tribunal. The parties normally reserve their right to appeal.
11. Specify e-dispute declaration.
The usage of on-line alternate difference declaration services to decide a difference.
12. Describe the English Common Law system.
English Common Law:
Law developed by Judgess who issued their sentiments when make up one’s minding a instance. The rules announced in these instances became case in point for ulterior Judgess make up one’s minding similar instances.
The English common jurisprudence can be divided into instances decided by the jurisprudence tribunals. equity tribunals. and merchant tribunals.
Prior to the Norman Conquest of England in 1066. each vicinity in England was capable to local Torahs. as established by the Godhead or captain in control of the local country. There was no nationwide system of jurisprudence.
Chancery ( Equity ) Courts
Because of some unjust consequences and limited redresss available in the jurisprudence tribunals. a 2nd set of courts—the Court of Chancery ( or equity tribunal ) —was established. These tribunals were under the authorization of the Lord Chancellor. Persons who believed that the determination of a jurisprudence tribunal was unjust or believed that the jurisprudence tribunal could non allow an appropriate redress could seek alleviation in the Court of Chancery.
As trade developed during the in-between Ages. the merchandisers who traveled approximately England and Europe developed certain regulations to work out their commercial differences. These regulations. known as the “law of merchandisers. ” or the Law Merchant. were based on common trade patterns and use. Finally. a separate set of tribunals was established to administrate these regulations. This tribunal was called the Merchant Court.
13. What are the beginnings of jurisprudence in the US.
Beginnings of Law
1. Consitutions ( province and federal )
2. Legislative acts ( province and federal )
5. Cases ( province and federal )
6. Administrative Agency Rules and Adjudications ( province and federal )
7. Procedural regulations of the tribunals ( province and federal )
8. Voter Initiatives ( province merely )
14. define the followers:
a. codified jurisprudence
Federal legislative acts are organized by subject into codification books. This is frequently referred to as statute jurisprudence
b. presidential executive orders
The executive subdivision of authorities. which includes the president of the United States and province governors. is empowered to publish executive orders.
c. administrative bureau ordinances and orders
Agencies ( such as the Securities and Exchange Commission and the Federal Trade Commission ) that the legislative and executive subdivisions of federal and province authoritiess are empowered to set up.
d. judicial determinations
When make up one’s minding single cases. federal and province tribunals issue judicial determinations. In these written sentiments. a justice or justness normally explains the legal logical thinking used to make up one’s mind the instance.
15. Specify the followers:
a. ethical fundamentalism
Under ethical fundamentalism. a individual looks to an outside beginning for ethical regulations or bids. This may be a book ( e. g. . the Bible. the Koran ) or a individual ( e. g. . Karl Marx ) . Critics argue that ethical fundamentalism does non allow people to find right and incorrect for themselves. Taken to an extreme. the consequence could be considered unethical under most other moral theories.
Utilitarianism is a moral theory with beginnings in the plants of Jeremy Bentham ( 1748–1832 ) and John Stuart ( 1806–1873 ) . This moral theory dictates that people must take the action or follow the regulation that provides the greatest good to society. This does non intend the greatest good for the greatest figure of people.
c. Kantian moralss
Kant believed that people owe moral responsibilities that are based on cosmopolitan regulations. Kant’s doctrine is based on the premiss that people can utilize concluding to make ethical determinations. His ethical theory would hold people behave harmonizing to the categorical imperative “Do unto others as you would hold them make unto you. ”
Kantian moralss is a deontological ethical theory foremost proposed by the German philosopher Immanuel Kant based on the thought of moral responsibility. It asserts that a good will is the lone per se good thing and that an action is merely good if performed out of responsibility. instead than out of practical demand or desire. This was based on Kant’s accent on ground for developing moral Torahs and his belief in the demand to be able to universalise moral determinations. which led to the rule of the categorical jussive mood. ( hypertext transfer protocol: //en. wikipedia. org/wiki/Kantian_ethics )
d. societal justness theory
John Locke ( 1632–1704 ) and Jean-Jacques Rousseau ( 1712–1778 ) proposed a societal contract theory of morality. Under this theory. each individual is presumed to hold entered into a societal contract with all others in society to obey moral regulations that are necessary for people to populate in peace and harmoniousness. This implied contract provinces. “I will maintain the regulations if everyone else does. ” These moral regulations are so used to work out conflicting involvements in society.
e. ehical relativism
Ethical relativism holds that persons must make up one’s mind what is ethical based on their ain feelings about what is right and incorrect. Under this
moral theory. if a individual meets his or her ain moral criterion in doing a determination. no 1 can knock him or her for it.
16. List and specify the societal duties of concern.
Maximize Net incomes
The traditional position of the societal duty of concern is that concern should maximise net incomes for stockholders. This position. which dominated concern and the jurisprudence during the nineteenth century. holds that the involvements of other constituencies are non of import in and of themselves.
Some advocates of corporate societal duty argue that a corporation’s responsibility is to do a net income while avoiding doing injury to others. This theory of societal duty is called the moral lower limit.
Businesss have relationships with all kinds of people besides their share-holders. including employees. providers. clients. creditors. and the local community. Under the stakeholder involvement theory of societal duty. a corporation must see the effects its actions have on these other stakeholders.
The corporate citizenship theory of societal duty argues that concern has a duty to make good. That is. concern is responsible for assisting to work out societal jobs that it did little. if anything. to do.
17. Answer the 3 inquiries after 1. 3 Business Ethics instance
< “The Court today places its sanction on one of the most powerful staying public looks of “ancient canards about the proper function of adult females. ” It upholds a legislative act that requires males but non females to register for the bill of exchange. and which thereby flatly excludes adult females from a cardinal civil duty. I dissent. ” < I believe so.
< No. I should non.
18. Answer the three inquiries after 2. 3 Business Ethics instance
< Yes rebelliously. if so is proved scientifically. This company should hold been given the worst possible penalty in the capacity of federal jurisprudence. in my sentiment. As it is non merely false selling but besides deceptive people for their wellness. wholly unethical & A ; impermissible act. < No. and Warner-Lambert was ordered to halt devising such claims. < Decidedly non. I believe.
19. Answer the three inquiries after 3. 4 Business Ethics instance
Can non happen this questionnaire. delight clearly specify page #
20. Answer the three inquiries after 4. 5 Business moralss instance
< Yes I believe so ; iff ( stands for if and merely if ) as male parent and as a hubby he has fulfilled all his responsibilities. But thing would hold been better if the female parent was informed about this ( I think that portion has non been made clear while depicting the secret plan ) .
< May he make non desire to disrespect the tribunal orders. I see nil incorrect if as a male parent he visits his kids and want to see them or to pass some clip with them. but he should at least have informed her ex-wife so that she do non worry about him. but after all it all depends on the strength of mutual-trust at the clip of dividing.
< for echt grounds like wicked. drunk/drug nut or rude parent this service of procedure dramas +ve portion. But if the parent has had been a good mother/father I think it would be non just to curtail them from run intoing. such a jurisprudence is non jurisprudence which is for worlds. In the ulterior instance. agreement must hold been made by tribunal that the parent who is non go forthing w/ their kids can see at least one time a piece.