Chapter 2 Pre-Law 100 Study Guide

Chapter 2 Pre-Law 100 Study Guide - is the power of...

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Chapter Two Learning Module 2 The Structure & Function of Law 1. What is law? 2. Be able to identify and explain the following theories of jurisprudence? a. Natural Law b. Legal Formalism c. Positivism d. Legal Realism including Critical Race Theory 3. Be able to identify and explain the following approaches to constitutional interpretation: a. originalism b. evolutionary approach 4. Know the following sources and elements of law: a. constitutional law b. separation of powers c. checks and balances d. federalism e. Bill of Rights f. Power of judicial review g. Statute h. Administrative law i. Regulation j. Enabling act k. Fourth Branch of Government 5. Make sure you understand the role of judicial interpretation in the development of the common law, including the following terms: a. stare decisis b. codification of the common law c. derogation of the common law d. equity e. injunction f. specific performance 6. What are the two primary functions of the United States constitution? 7. What
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Unformatted text preview: is the power of judicial review and why is it so important to our legal system? 8. What are the rights protected by the first ten amendments? 9. How do courts become involved in the legislative process? 10. Who has the final say as to what a statutes means, the legislature or the courts? 11. Who has the final say as to the constitutionality of a statute, the legislature or the courts? 12. How are statutes and administrative regulations similar? How are they different? 13. Why are administrative agencies referred to as the fourth branch of government? 14. What role did the Norman conquest have on the American legal system? 15. What is common law? 16. Why were equity courts created and what special powers were they given? 17. Be familiar with the cases mentioned or briefed in the chapter? What are the significant facts? What was the legal issue presented? How did the court rule and why?...
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