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Loma 311 module 1 Exam Questions & Answers 100% Verified.
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Loma 311 module 1 Exam Questions & Answers100% Verified
Constitution - Correct Answer - One of the primary sources of law. The other three are statutes,
administrative regulations, and treaties and international agreements.
A constitution is a document or group of documents that set out the fundamental principles that
determine the powers and duties of the government and the rights of the people.
-meant to be relatively permanent and a primary source of law
Branches of Government - Correct Answer - Legislative, Executive, Judicial
legislative is responsible for an acting laws to govern the applicable jurisdiction
executive consists of a system of administrative agencies that are responsible for administering,
enforcing or caring out the jurisdictions laws.
Judicial consists of a system of courts that are responsible for applying and interpreting the jurisdictions
laws in for resolving disputes. Many countries promote alternative dispute resolution methods. ++++
administrative law looks at regulations
Parliamentary Democracy - Correct Answer - Other countries use this as the LEGISLATIVE branch of
government and has ULTIMATE authority for making all the laws. Countries within the British
Commonwealth, most European countries, India and Singapore are examples of this.
generally the EXECUTIVE branch of government is led by a Prime Minister who has the political party
and holds the majority of elected seats
,federal system - Correct Answer - A Federal government and a number of lower level governments
share governmental powers. For example the USA is a Federation of 50 states, the district of Columbia in
several territories.
in a federal system, the federal Constitution is the nations supreme law.
typically each state also has a state constitution that serves as the states fundamental law. The state
laws must be consistent with the federal Constitution
Statutes - Correct Answer - written laws enacted by legislatures.
generally they declare, command, or prohibit something. These legislative enactments create the body
of law known as statutory law
Congress - Correct Answer - The legislative branch of the federal government is referred to as Congress
and the two houses are the Senate and the house of representatives
U.S. Code - Correct Answer - All of the federal statutes have been compiled as this
State Codes - Correct Answer - The laws enacted by a given state are known as the state code.
State insurance code - Correct Answer - A portion of each state code regulates the insurance industry
within the state and is known as the state insurance code
FIO (Federal Insurance Office) - Correct Answer - And administrative office within the department of the
treasury that monitors the insurance industry and represents the US and international insurance matters
Department of Treasury - Correct Answer - The federal agency that has primary responsibility for
administering federal banking and tax laws
SEC (Securities and Exchange Commission) - Correct Answer - The federal agency that administers
federal laws governing securities and investment industry
DOJ - Correct Answer - Department of Justice. The federal agency that is responsible for enforcing
federal criminal laws, representing the US and federal cases, and providing legal advice to other federal
officials and departments
Insurance Department - Correct Answer - A state administrative agency that is responsible for enforcing
the state insurance code and making certain that insurers conducting business within the state comply
with all state insurance laws
The Office of the Secretary of State - Correct Answer - A state agency that is responsible for licensing
corporations and businesses
,Office of the Attorney General - Correct Answer - A state agency that is authorized to enforce the states
criminal laws, represent the state and all legal matters, and provide legal advice to the governor and
other state administrative officials
Treaty - Correct Answer - He legally binding agreement entered into by two or more nations that agree
to abide by the terms of the agreement. Also known as conventions or pacts
political treaties establish military alliances, and wars, and subtle boundary disputes.
Commercial treaties deal with trade and tariffs issues
Case Law - Correct Answer - the rules of law announced in court decisions
Substantive law - Correct Answer - They create, define, and regulate legal rights and duties.
Examples are how a statute defines fraudulent misrepresentation or the punishment that a person
convinced of insurance fraud may receive
Procedural Law - Correct Answer - Specify the rules and methods that courts use to enforce substantive
laws.
For example may require that a defendant answer a complaint within 30 days of being served with the
complaint. Also provide a guideline of how cases proceed through a court system and specify the types
of cases that each court has jurisdiction to hear
Jurisdiction - Correct Answer - Refers to the authority of a court to hear specific cases or in the event of
overlapping authorities, the most appropriate forum to hear the case
Trial courts - Correct Answer - Also called courts of original jurisdiction because they are the courts that
first hear disputes. ****Substantive laws are laws that create, define and regulate legal rights and
duties.
appellate court - Correct Answer - These are authorized to review with the decisions of lower courts.
Most states have two levels of appellate courts. The higher-level appellate court—usually known as the
state supreme court—has authority to review the decisions of the lower appellate court—often known
as the state court of appeal.
Unpublished opinions - Correct Answer - A decision of a court that is not available for citation in
subsequent court cases
, Common Law System - Correct Answer - A legal system based on the common law of England. Courts
were created to resolve disputes in accordance with the customs of the local area
In making decisions the courts follow a general rule known as the doctrine of stare decisis. ++++ bound
to adhere to its own precedents and to the precedents established by higher courts in the same
jurisdiction *** Common law = English law **** Civil Law = Roman Legal system ***** Tort and
common law are wrongs against a person OR another person's property.
Doctrine of Stare Decisis - Correct Answer - When a court finds that a specific principle of law applies to
a certain set of facts, the court will apply that principal to all future cases in which the facts are
substantially the same
Precedent - Correct Answer - A quart and a common law jurisdiction generally it's bound to adhere to
its own precede and to the precedent established by higher courts in the same jurisdiction. By relying on
precedents, the courts are able to enforce the laws in a uniform, predictable, and impartial manner
A court may depart from a precedent when following the precedent would cause an unjust result
It remains in force until 1. A court overturns the precedent or 2. The legislature and ask a statute that
changes the legal principle that underlines the precedent
Civil Law System - Correct Answer - A system of law derived from Roman law that is based on codified
laws (rather than on case precedents).
A code is a comprehensive written statement of rules that embody the general principles of law in a
given civil law jurisdiction.
Civil code - Correct Answer - Comprises general principles of law that apply to relationships between
people that arise through birth, adoption, marriage, death, contracts, and personal liability.
usually regulates property rights as well.
The French brought civil law systems to the United States. Only a few states including Louisiana have
based any part of their legal systems on civil law
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