Exam 1: Introduction to Law

Which of the following is not an example of lawmaking by the executive branch of government?​

Define the following terms and provide examples of each? Criminal and Civil law Substantive and procedural law​

Common law refers to​

For hundreds of years, the common law of England had evolved into a framework of principles found in both customs and statutes that were brought to the New World by early colonial settlers.​

Fact finding processes are not static and they have evolved over the years. A process sometimes used in 11th century in England was​

This is a case of first impression in the State of Louisiana. The defendant has been   convicted of operating a vehicle while intoxicated in that he rode a horse on Louisiana  Highway #100 while under the influence of alcoholic beverages. The defendant was  riding a horse on La. Hwy. #100, one and one-tenth mile west of Crowley on the evening  of March 29, 1983 when he was involved in an accident with an automobile. After  investigating the accident, police officers administered a P.E.I. test to the defendant and  determined that he had a blood  alcohol concentration of.12 percent. Defendant was  convicted of the offense of O.W.I. in violation of LSA-R.S. 14:98. LSA-R.S. 14:98  provides in pertinent part: ​ "The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, vessel or other means of conveyance while under the influence of alcoholic beverages, narcotic drugs, central nervous system stimulants, hallucinogenic drugs or barbiturates. . . ." State v. Williams, 449 So.2d 744 (La. App. 1984). ​ Appeals courts review for errors of law. Was the state statute correctly interpreted by the lower court? Should his conviction be overturned? Is a horse an "other means of conveyance" under the statute? Use the following guiding principles and precedent to write an appellate court decision that interprets Louisiana statute based on the facts that were found by the trial court, i.e., that the defendant was drunk when he rode his horse on highway 100.   Criminal statutes are to be strictly construed in favor of the accused. In other words, defendants should not be convicted of conduct that is only "arguably" a crime. Words and phrases shall be read with their context and shall be construed according to the common and approved usage of the language. Where general words follow the enumeration of particular classes of persons or things, the general words will be construed as applicable only to persons or things of the same general nature or class as those enumerated. When a statute is ambiguous or subject to two reasonable interpretations, the court can inquire into legislative aim and design for the purpose of determining legislative intent. This precedent also exists under Louisiana law:  State v. Hightower, 238 La. 876, 116 So.2d 699 (1959). ". . . a person is intoxicated within the provisions of the statute [R.S. 14:98] when he does not have the normal use of his physical and mental faculties by reason of the use of alcoholic beverages (or narcotics), thus rendering such person incapable of operating an automobile in a manner in which an ordinarily prudent and cautious man in full possession of his faculties, using reasonable care, would operate a motor vehicle under like conditions."

Utilitarianism is a philosophical theory, first developed by Jeremy Bentham.​

Case law is also often referred to as court law.​

A process begun by citizens to change a state statute or constitution by popular election was the​

You are given the title of an appellate court case, and it is Herbert v. Singh.​

Penal codes and civil codes are examples of​

The concept that subsequent courts will adhere to the principles of law espoused in decisions of prior courts is called​

Under a duty model of ethics, an action is morally correct or right when, among people it affects, it produces the greatest amount of good for the greatest number.​

A syllogism is​

Assume that Michael brought home his new girlfriend, Marsha, and her six -year-old daughter, Fiona, to meet his parents. The relationship between the two continued, and Marsha and Fiona were guests several times in Michael's parent's home. During these visits Michael sexually molested Fiona unbeknownst to Marsha. Michael was a convicted child molester and his parents were aware of his propensity to molest children. No one including Michael's parents said anything to Marsha to give her any warning of Michael's past.​

Take the pro or the con side of the following proposition: Persons in elective political offices who commit crimes involving moral turpitude (e.g., tax evasion, theft, rape, or fraud) should be sentenced more harshly, because of their positions of public trust, than should other nonpolitical persons who commit similar crimes. Both pro and con writers should state whether or not they think penalties do, in fact, differ for such persons.

Judges who purposefully expand on the law in their decisions are often referred to as ________________ and judges who narrowly interpret the law by relying heavily on precedent are often referred to as ________________ .​

The doctrine of supremacy is a court doctrine requiring that trial court decisions comply with appellate court decisions.​

That lawyers may not question prospective jurors about their sexual preference is an example of the application of ____________________law.​

The strength of Kant's theory of duty lies in its​