Following is a short answer question from the material covered on Test 1. The qu
ID: 2395721 • Letter: F
Question
Following is a short answer question from the material covered on Test 1. The questions are number according to the chapter from which they are taken. These extra credit questions are "open book" meaning that you can use your textbook or any other resource except for any other person. You can use your book or other resources for information but your answers must be in your own words and demonstrate understanding of the material, not just the ability to find answers in the book. You are not required to answer any of these questions. You can earn up to four (4) extra points for each question. These points will be added to your grade on test 1. Your answers should be long enough to completely answer the question but not include irrelevant or off- the-topic information. Answers of approximately one paragraph (5-7 sentences) are appropriate. Your answers should be written in paragraph form using complete sentences. If the question calls for a list and explanation, you may use a bullet-pointed list, but your explanations should be in complete sentences. Your answers are due at midnight, October 7,2012. You can turn in your answers through the drop box function of the website. Be sure to include your name and the course number on your answers.Explanation / Answer
Chapter 1) common law will always based on judges decision and on custom rather than on written laws.in this common law judges will not follow the laws which is written as per sections instead of this judges will judge by their own experiance.but this common law is also treated as a legal law.but before giving decisions judges have to consider the drcision of earlier precedents about similer cases when they decide to make own decisions.common law will not be covering civil laws.here judges will be responsible for solving any case by giving good decisions.
2)Stare decisis is a doctrine which is used in almost all court cases and with all legal issues.this doctrine wil be containing the list of instructions but it is not compusary that judges have to follow these instructions when providing decisions.in this doctrine there will be a list of issues and also it covers how earlier judges solved the issue and what was their decision for particular problem.this can be used as a guide paper. This papers also covers how a lawyer try to answer the legal question. It helps judge to get some idea about how to solve the particular issue or case by seeing the historical cases which is mentioned in stare decisis. If he/she face the same issue or case in future it wil definately going to help the judge to solve the issue or case by taking correct decision by viewing the earlier case which is written in stare decisis.there are two meaning for doctrine of precedent.one meaning is procedent are reported msy be cited and will probably be followed by courts.one more is not only that a precedent has hreat authority but in certain circumstances, courys ate bound by previously decided cased.so courst wil depend on the priciples or decisions which is laid down in past.
3)doctrine of judicial review means it is the constitution of supreme law of the land and if they are not maintaining same throughout then it will become invalid.it is a decision power which helps superior court to check the power of authorities.there are three rypes of authorities caled constititional, quasi judicial and governmental.in this constitutinal authority judges will not concrntrate or keep on eye in paricular people but the constitution does that.ronald dworkin argues that judicial review should be the major part of substancial rights.the doctrine of judicial revirw is of amarican origin.as per this the judiciary will be having the power to review actions of the executive. It means the judiciary is guarding the constitution and protecting it from any executive or legislative action which might violate it.
4)negligence means the failure to do an act which a reasonably careful person would do.
Damages-if you put a file a case if any dsmages occured especially incase of death your case will not support you.here injured person must have suffered an injury that can be remedied by money damages.for example-if customer injured in any shop which related to shops product then money damages can compensate the customer for his injury medical expenses and hospital bill.
Breach-in this case a person breaches the duty of care by failing the excersise reasonable care in fulfilling the duty.for example knowingly owner of the dog brings the dog to people where dog will bite the people.
Duty of care-here the law will occure betwern two parties. Here one person has a legal obligation to act in a certain manner toeards the onother.for example-if doctors and medical care provider warn their patients of the risks involved with a given course of treatment.
Csusation-here accidents occured but injured person would not have suffered an injury.for example in shop employees wil spill oil but not ckeand the floor if customer fall down by stepping on that and if he broke his hip reasonably related to shops brrach of duty care.
5)the fundamental concept behind protecting intellectual proerty is that inventors innovators artists snd others should be able to rnjoy the fruits of their creativitu and labour for a soecific yime petiod,after that the material eill becomes avsilable for public usr.copyright protection is a necessary ingrefirnt for cultural wealth in our society. This atticle 1 section 8 patent and copyright clsuse of the proprty.because this clause is the source og congress power to enact legislayion gpverning copyrights and patents it is often reffered to as the patent and copyright clause.
Purpose of article 1 section 8 is to make all laws which isnecessary for carrying to execution the foregoing powers and all the powers which is used by this constitution in the government of the united states or in any department or officer thereof.
6)theft or larceny -it is the common crime. It can happen anywhere.ifvunauthorised taking of property from another with the intension to permanently deprive that person of the property also will come under theft.it also include taking others goods.
Robbery-it means if a person tries to take anything from you by force .it is unlawfull or forcefull entry to commit theft in a private property.it includes single victims multiple victims for example bank robbery. Here robbers will use weapons like guns knife. Their intension is to get the money. Thry dont care to kill people.
Burglary-it means forcefull entry to commit theft in a private proprty.fot example breaking and entering the house of others,entering to banks.entering to ATM.their target is jewellary shop,business placess, banka,home ext.they wil not use muchbweapons instead they uselock picking kits.
Robbery is the more serious crime in the eyes of law, because robbers will always focus on the banks house and business places where they ca steal more money and also they will not hesitate to kill the owners or business man or common man when anyone see stealing.because that person will become witness in court.penalities for robbers include jail time of 15 yeats snd probation and also fine can reach upto $20000
For theft only 6 months if jail and some penality will be there
For burglary penality may include 20 years of jail.