MC 401 Bauer Questions with
complete solution 2025/2026
Common Law - correct answer ✔Judge-made law that originated in England (inductive, deductive, and
sets a precedent)
inductively - correct answer ✔what decisions were made in the past, past adjudications are factored in
to the
development of common law
deductively - correct answer ✔law develops from decisions made
precedent - correct answer ✔timeless legal standard
stare decisis - correct answer ✔let the decision stand
Options if precedent is bad - correct answer ✔Accept/Follow
Modify/Update
Distinguish
Overrule
overrule - correct answer ✔Only ______ in cases where new facts/knowledge/circumstances/social
values are in play. (very rare)
Equity Law - correct answer ✔judge made and supplementary to common law with more flexible rules
and procedures, no juries, judicial decrees. (seeks remedies beyond damages)
,Judicial Decree - correct answer ✔A judgment of a court of equity; a declaration of the court
announcing the legal consequences of the facts found to be true by the court.
typical remedies in equity law - correct answer ✔Temporary restraining order (TRO)
Preliminary injunction
Permanent injunction
Statutory Law - correct answer ✔legislature made with uniform rules and solutions to social problems,
can anticipate problems. (unlike common law which is reactive)
statutory - correct answer ✔all criminal laws are _________
statutory construction - correct answer ✔the way the law is interpreted (facial and as-applied
challeneges)
facial challenge - correct answer ✔a laws constitutionality based on its text
as-applied challenge - correct answer ✔Particular application of a statute is unconstitutional.
constitutional law - correct answer ✔supreme law of the land, establishes basic rules and limits of law
and government processes (basis of mass media law)
broader, narrower - correct answer ✔state constitutions can offer ______ but not _________
protections than the us constitution
Final arbiter of statutory construction - correct answer ✔supreme court
, void for vagueness - correct answer ✔law will be declared unconstitutional if a person of reasonable
and ordinary intelligence would not be able to tell what speech is and is not allowed
Overbreadth - correct answer ✔a law can be declared unconstitutional if it is so broad that it risks
prohibiting constitutionally protected speech
executive order - correct answer ✔order that has the power of law, can be challenged by court or
legislature
Administrative rules - correct answer ✔created agencies to make laws for their respective fields
limited - correct answer ✔courts have _________ power to review decisions made by administrative
agencies.
Fairness doctrine - correct answer ✔An FCC requirement that broadcasters who air programs on
controversial issues provide equal time for opposing views
50 - correct answer ✔how many state courts are there?
trial court - correct answer ✔judge or jury, assesses facts, first court you go to
state appellate court - correct answer ✔judge only, assesses application of law - not facts - some states
have 2 levels (including Alabama)
District courts - correct answer ✔lowest level of federal courts - trial court of the federal system (94)
federal appellate court - correct answer ✔13 circuits, 3 judges - en banc - 9th largest is the most
overruled, AL is in the 11th
complete solution 2025/2026
Common Law - correct answer ✔Judge-made law that originated in England (inductive, deductive, and
sets a precedent)
inductively - correct answer ✔what decisions were made in the past, past adjudications are factored in
to the
development of common law
deductively - correct answer ✔law develops from decisions made
precedent - correct answer ✔timeless legal standard
stare decisis - correct answer ✔let the decision stand
Options if precedent is bad - correct answer ✔Accept/Follow
Modify/Update
Distinguish
Overrule
overrule - correct answer ✔Only ______ in cases where new facts/knowledge/circumstances/social
values are in play. (very rare)
Equity Law - correct answer ✔judge made and supplementary to common law with more flexible rules
and procedures, no juries, judicial decrees. (seeks remedies beyond damages)
,Judicial Decree - correct answer ✔A judgment of a court of equity; a declaration of the court
announcing the legal consequences of the facts found to be true by the court.
typical remedies in equity law - correct answer ✔Temporary restraining order (TRO)
Preliminary injunction
Permanent injunction
Statutory Law - correct answer ✔legislature made with uniform rules and solutions to social problems,
can anticipate problems. (unlike common law which is reactive)
statutory - correct answer ✔all criminal laws are _________
statutory construction - correct answer ✔the way the law is interpreted (facial and as-applied
challeneges)
facial challenge - correct answer ✔a laws constitutionality based on its text
as-applied challenge - correct answer ✔Particular application of a statute is unconstitutional.
constitutional law - correct answer ✔supreme law of the land, establishes basic rules and limits of law
and government processes (basis of mass media law)
broader, narrower - correct answer ✔state constitutions can offer ______ but not _________
protections than the us constitution
Final arbiter of statutory construction - correct answer ✔supreme court
, void for vagueness - correct answer ✔law will be declared unconstitutional if a person of reasonable
and ordinary intelligence would not be able to tell what speech is and is not allowed
Overbreadth - correct answer ✔a law can be declared unconstitutional if it is so broad that it risks
prohibiting constitutionally protected speech
executive order - correct answer ✔order that has the power of law, can be challenged by court or
legislature
Administrative rules - correct answer ✔created agencies to make laws for their respective fields
limited - correct answer ✔courts have _________ power to review decisions made by administrative
agencies.
Fairness doctrine - correct answer ✔An FCC requirement that broadcasters who air programs on
controversial issues provide equal time for opposing views
50 - correct answer ✔how many state courts are there?
trial court - correct answer ✔judge or jury, assesses facts, first court you go to
state appellate court - correct answer ✔judge only, assesses application of law - not facts - some states
have 2 levels (including Alabama)
District courts - correct answer ✔lowest level of federal courts - trial court of the federal system (94)
federal appellate court - correct answer ✔13 circuits, 3 judges - en banc - 9th largest is the most
overruled, AL is in the 11th
