Term
| Describe the civil law and common-law systems |
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Definition
- A civil law system has a comprehensive code of written laws or statutes.
- A common-law system is a body of law derived from court decisions as opposed to statutes or constitutions.
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Term
| Explain how the common law changes. |
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Definition
| It changes through court examination of precedent. A court may apply a precedent to new cases or discard it if it has lost its usefulness, or may make landmark decisions that depart from precedent |
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Term
| Distinguish between civil and criminal law |
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Definition
- Criminal law applies to acts that society deems so harmful to the public welfare that government is responsible for prosecuting and punishing the perpetrators
- Civil laws protects the rights and provides remedies for breaches of duties owed to others
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Term
| Describe the respective roles of state constitutions and the federal Constitution |
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Definition
| The U.S. federal constitution is the "supreme Law of the Land." Each state has its own constitution, which is the supreme law of that state. The U.S. Constitution always prevails over a state constitution in case of conflict. |
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Term
| Explain how the U.S. Constitution grants congressional powers |
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Definition
| The Constitution establishes the express powers (written down) of Congress and the implied powers (implied rules) to pass laws necessary to implement the express powers |
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Term
| Explain why or why not state governments are required to provide due process. |
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Definition
| Because the US Constitution's 14th Amendment extends 5th Amendment Due Process protection to state government actions |
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Term
| Describe the purpose of uniform laws |
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Definition
| Uniform laws minimize confusion and conflict resulting from variations in state and local laws |
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Term
| Give one example of a legal matter over which federal courts have original jurisdiction. |
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Definition
| Cases involving admiralty or maritime laws or when two different state laws conflict with one another. |
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Term
| What are courts of general jurisdiction? |
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Definition
| The courts in which most litigation starts |
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Term
| How can parties to a contract avoid conflicts of law? |
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Definition
| By including in the contact an agreement about which state's laws will apply if a dispute arises. |
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Term
| Explain how the executive branches influence legislation. |
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Definition
| An executive branch can recommend, approve, or veto laws. The executive can appoint heads of administrative agencies to assist in enforcing laws and can influence agencies rules and regulations. |
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Term
| Describe the types and order of pleadings in pretrial procedure. |
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Definition
- Complaint – plaintiff sets out allegations, stating a cause of action, and requests remedy
- Summons – court issued notification to the defendant of the lawsuit listing the complaint and the timeframe in which to answer
- Answer – defendants answer stating why plaintiff should not win the case, a counterclaim or an entry of appearance
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Term
| Identify three bases for excluding evidence at trial |
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Definition
- Lacks relevance
- Lacks materiality
- Lacks competence
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Term
| Discuss whether appellate courts conduct new trials |
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Definition
| No, they decide whether the lower court has applied the law appropriately to a case |
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Term
| When is alternative dispute resolution (ADR) binding on the parties? |
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Definition
| When they have agreed in advance that it will be binding |
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Term
| List the three types of administrative agency rules |
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Definition
- Legislative Rules
- Interpretative Rules
- Procedural Rules
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Term
| What actions can an administrative agency take after it has reviewed all comments about a proposed rule |
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Definition
- Adopt the originally proposed rule
- Make minimal or extensive changes to the rule
- Nullify the proposed rule
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Term
| What must an appropriate notice, essential to due process, include in an administrative agency context? |
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Definition
- A statement of the hearing time, place and nature
- A statement of the hearing's legal authority and jurisdiction
- Reference to the statute or rule involved A short, clear statement of the matters at issue
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Term
| Describe the US Constitutional limitations on agency investigations |
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Definition
- Fourth Amendment protection against unreasonable searches and seizures
- Fifth Amendment protection against self-incrimination
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Term
| What is required before courts will review administrative agency decisions? |
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Definition
- The plaintiff must have a standing to sue
- The agency must have issued a final order in the case
- The plaintiff must have exhausted all administrative remedies
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Term
| Briefly summarize the McCarran-Ferguson Act |
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Definition
| Permits each state to regulate the business of insurance conducted within its borders |
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Term
| What must an applicant do to qualify for an insurance producer's license? |
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Definition
- Be of at least minimum age
- Have an appointment from a licensed insurance company
- Have completed the requisite application forms
- Have satisfactorily completed the examination requirement
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Term
| Explain why MGA's are subject to regulatory attention. |
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Definition
| Because of the increasing concern of roles that some MGA's have played in major insurance insolvencies |
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Term
| What must a producer do to qualify for a surplus lines broker license under the NAIC model act? |
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Definition
- Pass a DOI-approved exam
- Post a bond of a specified amount to become surplus lines broker under the NAIC model act
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