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GOV CH 15 QUIZ 2017
Mr. Stickler's Liberty Christian "Law in America" (Ch. 15) Quiz Flashcards 2017
| Question | Answer |
|---|---|
| What was the first written collection of laws in history? | These were the laws assembled by Hammurabi, the king of Babylon from 1792 - 1750 B.C.E., known as the "Code of Hammurabi". |
| What does the term Statutory law mean/refer to? | These are laws written by the legislative branch of government. |
| What are Administrative laws? | These are laws that spell out the authority & procedures to be followed by agencies such as the Social Security Administration, as well as the rules and regulations issued by such agencies. |
| What are Common laws? | These are laws made by judges in the process of resolving individual cases. |
| What does the term "equity" mean/refer to? | This term relates to a system of rules by which disputes are resolved on the grounds of fairness. |
| What does the term "Procedural due process" mean/refer to? | This term refers the principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard. |
| What does the term "Substantive due process" refer to? | This refers to a doctrine holding that the 5th and 14th Amendments require all governmental intrusions into fundamental rights and liberties be fair and reasonable and further a legitimate governmental interest. |
| What are the four (4) types of "Civil Law"? | These are: 1.) Contract Laws; 2.) Property Laws; 3.) Family Laws, and; 4.) Civil Wrongs/ Torts. |
| What are "Implied Contracts"? | These are contracts whose terms are not expressly stated but that can be inferred by the actions of the people involved. |
| What is one (1) example of an "Implied In-Fact Contract"? | One example of this would be if a person is hired to mow their neighbor's yard every week during the entire summer and the person mows every Friday and is paid the next day every time, but no written contract exists. |
| What is one (1) example of an "Implied At-Law Contracts"? | Example: A medical doctor witnesses a serious car accident and treats a victim for life-threatening injuries until emergency personnel arrive without the victim's consent. The victim must pay the doctor because there was an "Implied At-Law Contract". |
| What is the difference between "real property" and "personal property"? | The difference between these two terms is that "real property" relates to land and whatever is attached to or growing on it, which "personal property" relates to movable objects like clothes, jewelry, stocks, bonds, and intangible items like patents. |
| What types of cases relate to "Family Law"? | These cases relate to marriage, divorce, and parent-child relationships such as child custody cases. |
| What do the terms "Plaintiff" and "defendant" mean where court hearings are concerned? | The term "Plaintiff" refers to the person who brings formal charges in a lawsuit; the term "Defendant" refers to the person against whom the charges are brought. |
| What does the term "Injunction" mean/refer to? | This term refers to a court order that prevents a person from starting some action (such as building a factory) or order them to stop an action that they are already doing. |
| What does the term "Complaint" mean/refer to? | This term refers to "a legal document filed with the court that has jurisdiction over the problem". |
| What does the term "Summons" mean/refer to? | This term refers to "an official notice of the lawsuit that includes the date, time, and place of the initial court appearance". Essentially it officially "summons" a person to appear in a court of law. |
| What does the term "Mediation" mean/ refer to? | This term refers to "a negotiation facilitated by a neutral 3rd party". |
| Give one (1) example of a situation where "Mediation" might be required. | One (1) example of this is when factory workers and managers cannot resolve their differences related to contract issues during contract renegotiation. A neutral 3rd party may need to help them resolve their differences. |
| What types of cases might be heard in a "Small Claims Court"? | This type of court might hear cases related to collecting small debts, property damage, landlord-tenant disputes, and small business problems. |
| What is an "Affidavit"? | These are ". . . written statement of facts, sworn to and signed by a deponent before a notary public or some other authority having the power to witness an oath.” |
| What does the term "Indictment" mean/refer to? | This term refers to a formal criminal charge. |
| What does the term "Grand Jury" mean/refer to? | A group of citizens who review the prosecution's allegations in order to determine if there is enough evidence to “hand up” an indictment. |