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
| Common law 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 society deems so harmful to the public welfare that government is responsible for prosecuting and punishing the perpetrators. Civil law applies to legal matters that are not goverened by criminal law, protecting rights and providing remedies for breaches of duties owed to others. |
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Term
| Describe the respective roles of state constitutions and the federal Constition. |
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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, subserviant only to the U.S. Cosntitution. The U.S. Constitution always prevails over a state constitution in case of a 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 of Congress and the implied powers 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
| States are required to provide due process because the U.S. Constitution's Fourteenth Amendment extends Fifth 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
| An example of a matter over which federal courts have original jurisdiction would be an admiralty or maritime case. |
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Term
| What are courts of general jurisdiction? |
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Definition
| Courts of general jurisdiction ar courts that hear a variety of types of cases. |
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Term
| How can parties to a contract avoid conflicts of law? |
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Definition
| Parties to a contract can avoid conflicts of law by including in the contract an agreement about which state's laws will apply if a dispute arises. |
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Term
| Explain how the executive brances 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
| The plaintiff files a complaint setting out allegations, stating a cause of action, and requesting a remedy. The court issues a summons notifying the defendant of the lawsuit that includes a copy of the complaint and that sets out a timeframe for the defendant to answer. The defendant files an answer stating why the plaintiff should not win the case. The answer may include counterclaims. Alternatively, the defendant may file an entry of appearance. After receiving the defendant's answer, the plaintiff files a reply. |
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Term
| Identify three bases for excluding evidence at trial. |
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Definition
The three bases for excluding evidence at a trial are that the evidence lacks:- relevance,
- materiality,or
- competence
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Term
| Discuss whether appelate courts conduct new trials. |
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Definition
| Appellate courts do not conduct new trials but 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
| ADR can be binding on parties when they have agreed in advance that it will be binding. |
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Term
| List the three types of adminstrative agency rules. |
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Definition
| The three types of adminstrative agency rules include the following: 1. Legislative rules 2. Interpretative rules 3. Procedural rules |
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Term
| What actions can an adminstrative agency take after it has reviewed all comments about a proposed rule? |
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Definition
After reviewing comments about a proposed rule, an agency can do one of the following: - Adopt the orginally 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 adminstrative agency context? |
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Definition
An appropriate notice, for due process, would include the following: - A statement of the hearing time, place, and nature
- A statement of the hearing's legal authority and jurisdiction
- Reference to the statutue or rule involved
- A short, clear statement of the matters at issue
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Term
| Describe the U.S. Constitution limitations on agency investigations. |
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Definition
The U.S. Constitution places the following limitations on agency investigations:- Fourth Amendment protection against unreasonable search and seizures
- Fifth Amendment protection against self-incrimination
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Term
| What is required before courts will review adminstrative agency decisions? |
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Definition
To take an adminstrative action to a court for judicial review, the followingmust have occurred:- The plaintiff must have standing to sue.
- The agency must have issued a final order in the case.
- The plaintiff must have exhausted all adminstrative remedies.
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Term
| Briefly summarize the McCarran-Ferguson Act. |
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Definition
| The McCarran-Ferguson Act permits each state to regulate the business of insurance conducted within its borders. |
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Term
| What do NAIC model laws try to accomplish? |
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Definition
| NAIC model laws attempt to promote uniform insurance regulation among the states. |
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Term
| What must an applicant do to qualify for an insurance producer's license? |
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Definition
An applicant must fulfill the following requirements to qualify for an insurance producer's license:- 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 MGAs are subject to regulatory attention. |
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Definition
| Regulatory attention to MGAs evidences increasing concern about the role that some MGAs have played in major insurer 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
| A producer must pass a DOI-approved exam and post a bond of a specified amount to become a surplus lines broker under the NAIC model act. |
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