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Exam #1 - Exam#1 33 multiple choice 7-chapter 1 13-chapter...

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Exam #1 33 multiple choice 7-chapter 1 13-chapter 2 (39%) 13-chapter 3 (39%) -review slides for each chapter Chapter 1: -sources of law -statute: a law enacted by a legislative body -administrative agency: a governmental bureau established by Congress (or the president) to execute certain functions of Congress. Agencies transact government business and may write and enforce regulations under the authority of Congress or the president. -municipal ordinances: a law of local application, whose violation is an offense against the city enacting it -constitutions: the fundamental law of a nation; a written document establishing the powers of the government and its basic structure; the controlling authority over all other law -common law: law developed by American and English courts by decisions in cases. Unlike statutes, it is not passed by a legislative body and is not a specific set of rules; rather, it must be interpreted from the many decisions that have been written over time -legal systems outside of U.S. -general principles of Europe/Japanese and differences from U.S. legal system Japan: adopted German civil-law legal system; basic source of law is its codes(enacted by the government which is the national parliament) ex. Civil code, Commercial code, Penal Code ; cases are decided based on past applications; adjusts to social, economic and technological changes France: civil-law country (like most European countries); based on written code; similar to U.S. Federal Court system; highest court does not have power to pronounce judgment but reject an appeal or invalidates a decision; judges can consider new facts -civil vs. criminal cases in U.S. (standard proof; who brings the case before court) Civil: preponderance of doubt; plaintiff brings the case Criminal: guilt beyond a doubt; state brings the case -procedural vs. substantive law Procedural: the rules by which a court hears a case (how civil/criminal procedures take place) Substantive: actual claims and defenses whose validity is tested through the procedures of procedural law Chapter 2: (39%)
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