PSCI 1101 - The Judiciary Exam Questions
With Correct Answers.
What is the rule of precedent ? - answer✔✔A court case that furnishes an example or authority
for deciding subsequent cases involving identical or similar facts and legal issues
•Aka Stare Decisis ("to stand on decided cases")
What is Statre Decisis and how is it related to precedent ?
**Precedent can be used interchangeably with Stare. - answer✔✔EX:
For example, if the Supreme Court of Georgia holds that a state law requiring candidates for
state office to pass drug tests is unconstitutional, that decision will control the outcome of future
cases on that issue brought before the state courts in Georgia.
What is a departure from precedent ? why does it happen give and example ? -
answer✔✔Sometimes the court will depart from the rule of precedent if it decided that the
precedent is simply incorrect or that technological or social changes have rendered the precede
inapplicable.
EX: Brown v. Board of Education
separate educational facilities for African Americans had been upheld as constitutional in many
earlier cases under the "separate-but-equal" doctrine
What is the primary sources of law - answer✔✔source of law that establishes the law.
EX: Primary sources of law include constitutions, statutes, administrative agency rules and
regulations, and decisions rendered by the courts.
What is Constitutional law? given an example - answer✔✔•The U.S. government and each of the
fifty states have separate written constitutions that set forth the general organization, powers, and
limits of their respective governments.
•Constitutional law consists of the rights and duties set forth in these constitutions
EX: The U.S. Constitution is the supreme law of the land.
What is Statutory Law ? give an example - answer✔✔Body of law enacted by legislatures.
•Federal statutes—laws enacted by the U.S. Congress—apply to all of the states.
State statutes—laws enacted by state legislatures—apply only within the state that enacted the
laws.
EX: Colorado weed law
abortion law
What is Administrative Law? give an example - answer✔✔•Rules, regulations, orders, and
decisions of administrative agencies.
At the federal level, Congress creates executive agencies, such as the Food and Drug
Administration or the Environmental Protection Agency, to perform specific functions.
EX: or example, almost all of a business's operations are subject to government regulation. These
include the firm's capital structure and financing, its hiring and firing practices, its relations with
employees and unions, and the way it manufactures and markets its products.
What is a Case Law ? give an example - answer✔✔•Rules of law announced in court decisions
•Even though a legislature passes a law to govern a certain area, how that law is interpreted and
applied depends on the courts. The importance of case law, or judge-made law, is one of the
distinguishing characteristics of the common law tradition.
What is Civil Law ? Give an example ? - answer✔✔Civil law spells out the duties that
individuals in society owe to other persons or to their governments, excluding the duty not to
commit crimes.
EX: Typically, in a civil case, a private party sues another private party
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