Fundamentals & Core Concepts Flashcards

What is the difference between common law and statutory law?

Answer: Common law is judge-made through court decisions while statutory law is enacted by legislatures

Common law develops through court decisions and precedent; statutory law is created by legislative bodies.

What is due process under the Constitution?

Answer: The guarantee that government cannot deprive a person of life, liberty, or property without fair procedures and substantive fairness

Due process, guaranteed by the Fifth and Fourteenth Amendments, ensures fair treatment and protects from arbitrary government action.

What is the purpose of administrative agencies?

Answer: To implement and enforce specific areas of law through regulations, licensing, and adjudication as delegated by the legislature

Administrative agencies implement and enforce specific law areas, exercising quasi-legislative and quasi-judicial powers.

What is alternative dispute resolution (ADR)?

Answer: Methods for resolving disputes outside traditional litigation, such as mediation and arbitration

ADR encompasses mediation, arbitration, and negotiation that resolve disputes without full trial.

What is legal citation and why is it important for paralegals?

Answer: A standardized system for referencing legal authorities that allows readers to locate the original source

Legal citation is a standardized way of referencing legal authorities so readers can identify and locate the exact source.

What is the difference between civil law and criminal law?

Answer: Civil resolves disputes between private parties with remedies like damages, while criminal prosecutes offenses against society with punishments

Civil law addresses private disputes seeking damages or injunctions; criminal law involves government prosecution for societal offenses.