Law Chapter 2 Questions

HSA3111

CH. 2

1) Define the term law and describe the sources from which law is derived.

A law is a general rule of conduct that is enforced by the government. When a law is violated, the government imposes a penalty.

• Public laws deal with the relationships between individuals and the government.

• Private laws deal with relationships among individuals. Two types of private law are tort and contract actions. In a tort action, one person holds that the wrongful conduct of another person has caused harm, and the victim seeks compensation. Contract action deals with the accusation of a breach of agreement between two parties. Compensation can come in the form of remuneration or performance of the contracted obligation.

The sources of law are as follows:

a) Common law, which is derived from judicial decisions.

b) Statutory law, which emanates from federal and state legislatures.

c) Administrative law, which is prescribed by administrative agencies.

2) Define the legal terms precedent, res judicata, stare decisis, original jurisdiction, and appellate jurisdiction.

Precedent: It’s a judicial decision that may be used as a standard in subsequent similar cases. A precedent is set when a court decision is rendered that serves as a rule for future guidance when deciding similar cases.

Res Judicata: In common law, this term means the thing is decided, refers to that which has been previously acted on or decided by the courts. According to Black’s Law Dictionary, it is a rule where “a final judgement rendered by a court of competent jurisdiction on the merits is conclusive as to the rights of the parties and their privies, and, as to them, constitutes an absolute bar subsequent action involving the same claim, demand, or cause of action.”

Stare Decisis: The common law principle stare decisis (let the decision stand) provides that when a decision is rendered in a...