/
AI Flashcards
Save to my account
Sign up
AI Flashcards
AI Generated Flashcards
Study
1
Question
What is one definition of 'law' as a binding custom or practice of a community?
Page 1
Answer
Law is a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.
2
Question
How does the provided material describe the discipline and profession aspect of law?
Page 1
Answer
Law is described as the discipline and profession concerned with the customs, practices, and rules of conduct of a community that are recognized as binding by the community.
3
Question
According to the material, what enforces the body of rules called law?
Page 1
Answer
Enforcement of the body of rules is through a controlling authority.
4
Question
What is 'state law' as given in the document?
Page 1
Answer
State law is the body of law in a particular state; it consists of the state's constitution, statutes, regulations, and common law.
5
Question
List the components that make up state law according to the notes.
Page 1
Answer
The components of state law are: the Constitution, Statutes, Regulations, and Common Law.
6
Question
What is 'divine law' as defined in the provided material?
Page 1
Answer
Divine law is any law that, according to religious belief, comes directly from the will of God, in contrast to man-made law.
7
Question
How does the document define 'natural law' in ethics and philosophy?
Page 1
Answer
Natural law is a theory in ethics and philosophy that says human beings possess intrinsic values that govern their reasoning and behavior; it maintains that rules of right and wrong are inherent in people and are not created by society or court judges.
8
Question
Give an example of a natural law stated in the document.
Page 1
Answer
An example of natural law provided is: "It is wrong for one person to kill another person."
9
Question
What are the characteristics of 'moral law' according to the notes?
Page 1
Answer
Moral law is a rule or group of rules conceived and revealed to human reason as: universal, unchanging, having the sanction of God's will, based on conscience, reflecting man's moral nature, and embodying natural justice.
10
Question
How is moral law characterized in terms of behavior and living?
Page 1
Answer
Moral law is described as a system of guidelines for behavior and a general rule of right living.
11
Question
What are the Fundamental Powers of the State listed in the document?
Page 1
Answer
The Fundamental Powers of the State are: 1) Police Power, 2) Power of Eminent Domain, and 3) Power of Taxation.
12
Question
How does the document describe the nature of these three powers (Police Power, Eminent Domain, Taxation) in relation to being conferred?
Page 1
Answer
These powers are inherent (essential or permanent) and do not need to be expressly conferred (discussed) by constitutional provision on the State; they are supposed to co-exist with the State.
13
Question
List one similarity shared by the three powers of the state mentioned in the notes.
Page 1
Answer
One similarity is that they are inherent (essential/permanent) in the state and may be exercised without the need of express constitutional grant.
14
Question
According to the material, why are the three powers considered indispensable?
Page 1
Answer
They are not only necessary but indispensable because they are the methods by which the state interferes with private rights to perform its functions.
15
Question
What presupposition concerning compensation is shared by the three powers of the state?
Page 1
Answer
They all presuppose an equivalent compensation for the private right interfered with.
16
Question
What role does the legislature play in exercising the three powers of the state, according to the notes?
Page 1
Answer
The exercise of these three powers is performed merely with the legislature (i.e., the legislature is involved in their exercise).
17
Question
How does the police power differ from eminent domain and taxation in terms of what it regulates?
Page 1
Answer
The police power regulates both liberty and property, whereas eminent domain and taxation affect only property rights.
18
Question
Which of the three state powers may be exercised by private entities, according to the notes?
Page 1
Answer
The power of eminent domain may be exercised by some private entities, while the police power and the power of taxation may be exercised only by the government.
19
Question
According to the material, why is property taken under police power sometimes destroyed?
Page 1
Answer
Property taken in the exercise of the police power is destroyed because it is noxious (unpleasant) or intended for a noxious purpose (e.g., smuggled car, confiscated illegal guns and drugs).
20
Question
How is property taken under eminent domain or taxation characterized in the notes?
Page 1
Answer
Property taken under the power of eminent domain and the power of taxation is intended for a public use or purpose and is therefore wholesome (ethical/beneficial), such as properties affected in road widening and government projects.
21
Question
What type of compensation is associated with property affected by police power?
Page 1
Answer
The compensation of the person subjected to the police power is the intangible altruistic feeling that he has contributed to the general welfare.
22
Question
What type of compensation is associated with property taken under eminent domain, according to the notes?
Page 1
Answer
Compensation involved in eminent domain is more concrete, full and fair equivalent of the property expropriated (taken away) for protection and public improvements for the taxes paid.
23
Question
In the comparison table, how is 'As to regulation' different among Police Power, Eminent Domain, and Taxation?
Page 1
Answer
As to regulation: Police Power is regulated both liberty & property; Eminent Domain regulates property right only; Taxation regulates property rights only.
24
Question
According to the comparison table, who may exercise Police Power versus Eminent Domain versus Taxation?
Page 1
Answer
As to who may exercise: Police Power — only the government; Eminent Domain — government and some private entities; Taxation — only the government.
25
Question
Based on the table, how does 'As to the property taken' differ between Police Power and Eminent Domain?
Page 1
Answer
Police Power: property is destroyed because it is noxious or intended for a noxious purpose; Eminent Domain: property is wholesome, taken for a public use or purpose.
26
Question
What does the table say about 'As to Compensation' for each power?
Page 1
Answer
Police Power — intangible altruistic feeling that the person has contributed to the general welfare; Eminent Domain — full and fair equivalent of the property expropriated; Taxation — protection and public improvements for the taxes paid.
27
Question
What is the 'Bill of Rights' described as in the notes?
Page 1
Answer
The Bill of Rights are rights of the people in relation to their government; it guarantees civil rights and liberties to the individual, sets rules for due process of law, and reserves all powers not delegated to the Government to the people or the States.
28
Question
Which civil liberties are explicitly listed under the Bill of Rights in the notes?
Page 1
Answer
The civil liberties listed are: Freedom of speech, Freedom of the press, and Freedom of religion.
29
Question
What is the primary purpose of Police Power as defined in the document?
Page 1
Answer
The primary purpose of Police Power is the power of the State to regulate liberty and property for the promotion of the general welfare.
30
Question
What does the document say about the impairment clause (property rights) and police power?
Page 1
Answer
The impairment clause (property rights) must yield to the police power whenever the contract deals with a subject affecting the public welfare.