BLAW 3310 EXAM 1 QUESTIONS AND ANSWERS
What is law? - Answers -Rule ("or something") that tries to control behavior
restrictions/guidelines to correct behavior of individuals and benefits society by helping it
be better with laws
refers to rules, standard, and principles that define boundaries for people and business
activities
Law is responsive to: - Answers -Law can change as attitudes, society, tech changes
Law change may be slow but it will follow these changes
What is stare decisis? - Answers -use of precedent in deciding current cases
means "stand on decided cases"
What do the branches of government do? US and State constitutions: - Answers -All
three branches can create and change law
(exec, legis, judi)
All parties can change law as well
What does the President do? (Executive Branch) - Answers -President creates direct
laws, executive orders, appoints judges and heads of agencies
What is the source of our laws? - Answers -the US constitution
sets framework and limits fed gov't, creates L, E, J branches
Division of gov't is separation of powers bc founders feared too much power in one
branch so they all check each other
Morals, integrity, and ethics - Answers -These are not always the same because they
don't always overlap
Law contains rules that may not be moral or ethical but are imposed upon people
morals: concerns conformity
ethics: rules governing the conduct of members of profession
integrity: living by moral code and standard of ethics
, Federal Court System - Answers -US district court:
courts of original jurisdiction (only fed courts that use juries),
94 fed districts in court system, use judicial officers called magistrates
US appellate court:
12 courts, 11 circuits, assign 3 judge panel, (appeals court)
US SC:
highest court in country by Constitution, primarily appellate review court, 9 judges
Where do we get federal judges from? - Answers -nominated by Pres and confirmed by
majority vote in US senate
enjoy lifetime appointment, over 1200 fed judges (can be removed by impeach bc
treason, bribery, indictment by HoR)
Subject matter/Personal Jurisdiction - Answers -subject matter jurisdiction: power of the
court to lawfully affect the thing or issue in dispute
personal jurisdiction: court power over the person of the defendant referred to as "in
persnam", affects parties of the case --- power of the court to lawfully bind a party
involved in a dispute before it
Jurisdiction of Corporations - Answers -Corporations can be sued in sufficient minimum
context, since businesses now to business via computers/websites, they are more likely
to be sued there
In rem Jurisdiction - Answers -In rem jurisdiction is the authority of a court over real or
personal property.
An in rem lawsuit has to do with property and not an individual person.
Jurisdiction of Federal Courts - Answers -Can be a federal court issue if:
- issue arising from the Constitution
- if you have federal statute or treaty
- diversity of citizenship (involves persons from different states $75,000 issue)
State Court System - Answers -greater to smaller TX Supreme Court, TX Court of
Criminal Appeals, Court of Appeals, District Courts, County Courts, Municipal Courts,
Justice Courts, Small Claims Courts
Trial courts of general jurisdiction - Answers -hears civil or criminal cases that aren't
already within the jurisdiction of another court
What is law? - Answers -Rule ("or something") that tries to control behavior
restrictions/guidelines to correct behavior of individuals and benefits society by helping it
be better with laws
refers to rules, standard, and principles that define boundaries for people and business
activities
Law is responsive to: - Answers -Law can change as attitudes, society, tech changes
Law change may be slow but it will follow these changes
What is stare decisis? - Answers -use of precedent in deciding current cases
means "stand on decided cases"
What do the branches of government do? US and State constitutions: - Answers -All
three branches can create and change law
(exec, legis, judi)
All parties can change law as well
What does the President do? (Executive Branch) - Answers -President creates direct
laws, executive orders, appoints judges and heads of agencies
What is the source of our laws? - Answers -the US constitution
sets framework and limits fed gov't, creates L, E, J branches
Division of gov't is separation of powers bc founders feared too much power in one
branch so they all check each other
Morals, integrity, and ethics - Answers -These are not always the same because they
don't always overlap
Law contains rules that may not be moral or ethical but are imposed upon people
morals: concerns conformity
ethics: rules governing the conduct of members of profession
integrity: living by moral code and standard of ethics
, Federal Court System - Answers -US district court:
courts of original jurisdiction (only fed courts that use juries),
94 fed districts in court system, use judicial officers called magistrates
US appellate court:
12 courts, 11 circuits, assign 3 judge panel, (appeals court)
US SC:
highest court in country by Constitution, primarily appellate review court, 9 judges
Where do we get federal judges from? - Answers -nominated by Pres and confirmed by
majority vote in US senate
enjoy lifetime appointment, over 1200 fed judges (can be removed by impeach bc
treason, bribery, indictment by HoR)
Subject matter/Personal Jurisdiction - Answers -subject matter jurisdiction: power of the
court to lawfully affect the thing or issue in dispute
personal jurisdiction: court power over the person of the defendant referred to as "in
persnam", affects parties of the case --- power of the court to lawfully bind a party
involved in a dispute before it
Jurisdiction of Corporations - Answers -Corporations can be sued in sufficient minimum
context, since businesses now to business via computers/websites, they are more likely
to be sued there
In rem Jurisdiction - Answers -In rem jurisdiction is the authority of a court over real or
personal property.
An in rem lawsuit has to do with property and not an individual person.
Jurisdiction of Federal Courts - Answers -Can be a federal court issue if:
- issue arising from the Constitution
- if you have federal statute or treaty
- diversity of citizenship (involves persons from different states $75,000 issue)
State Court System - Answers -greater to smaller TX Supreme Court, TX Court of
Criminal Appeals, Court of Appeals, District Courts, County Courts, Municipal Courts,
Justice Courts, Small Claims Courts
Trial courts of general jurisdiction - Answers -hears civil or criminal cases that aren't
already within the jurisdiction of another court
